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Mediation Theory and Practice

Mediation Theory and Practice

Second Edition

272 pages | SAGE Publications, Inc
Blending theory and research with practical application, Mediation Theory and Practice, Second Edition provides a thorough introduction to today’s ever expanding world of mediation, including updated research and new cases for analysis. Innovative yet practical, research-based yet readable, the book provides an overview of the basic principles of mediation in a variety of contexts to help readers understand mediation and its role in today’s society. Throughout the book, the authors help students develop foundational mediation skills, including issue identification, setting the agenda for negotiation, problem solving, settlement, and closure. Case studies and examples in every chapter, plus an appendix of role-playing scenarios, make this book ideal for both college courses and certification training programs.
Chapter 1: Introduction to Mediation
Why Mediation?

How Do People Find Their Way to Mediation?

Power, Rights, and Interests

The Dispute Resolution Continuum

A Disclaimer about Mediation Training


Portfolio Assignment 1.1: Starting Your Mediator Portfolio

Chapter 2: The Basic Components of Mediation
Philosophical Assumptions

Functional Models

Integrating Philosophies

Variables That Make a Difference in Mediation Models

Phases in the Balanced Mediation Model

Does Culture Matter In Mediation?


Chapter 3: Essential Skills for Mediators
An Overview of Mediator Skills

Trusting and Controlling the Process

Listening: A Bedrock Skill for Mediators

Reframing Messages

Listening to Nonverbal Communication

Clarifying and Asking Questions

Genuinely Curious Questions

Honoring Silence

Listening Interculturally

Ethical Issues and Listening


Mediator Portfolio Assignment 3.1: The Emotional Paraphrase

Mediator Portfolio Assignment 3.2: The Open-Ended Question

Chapter 4: Pre-Mediation Activities
Contacting Disputants

Goals to Accomplish During Intake

Setting the Stage

Ethical Issues for Pre-Mediation Caseworkers


Portfolio Assignment 4.1: The Referral Sourcebook

Portfolio Assignment 4.2: Intake and Agreement to Mediate Forms

Chapter 5: Ethical Considerations and Tactical Preparations
Mediator Roles

Ethical Considerations for Mediators

Disputant Roles

Analyzing Stakeholders

The Mediation Plan

Common Causes of Conflict

Conflict Causes and Mediator Moves

Cultural Awareness


Portfolio Assignment 5.1: Ethical Codes of Conduct

Portfolio Assignment 5.2: Mediator Supplies

Chapter 6: The Mediator’s Opening Statement
Opening Statement Functions

Opening Statement Styles

Opening Statement Dynamics

Key Components of the Opening Statement

Building Credibility and Rapport

The Relationship between Opening Statements and Mediator Control

Notetaking for Mediators


Portfolio Assignment 6.1: Creating Your Personal Opening Statement

Portfolio Assignment 6.2: Creating Your Personal Notetaking Form

Chapter 7: Storytelling and Issue Identification
Theories of Storytelling

Functions of Storytelling

Mediator Strategies in Storytelling

Conflict Causes and Mediator Moves

Overcoming Common Pitfalls in Storytelling


Portfolio Assignment 7.1: The Vision Quest

Portfolio Assignment 7.2: Reframes

Chapter 8: Setting the Agenda for Negotiation
The Mediator’s Notes are the Building Blocks of the Agenda

When to Shift to the Agenda Step

Components of the Agenda

Sequencing the Agenda List

The Language of the Agenda


Portfolio Assignment 8.1: Methods of Ordering the Agenda

Portfolio Assignment 8.2: Transitioning to the Agenda

Chapter 9: Problem Solving and Negotiation
The Two Worlds of Negotiation

Directiveness vs. Intrusiveness

Mediator Techniques to Foster Disputant Problem Solving

Using the Caucus to Respond to Common Problems

Breaking Deadlocks


Ending the Negotiation Phase

Mediator Ethics and the Negotiation Phase


Mediator Portfolio 9.1: Questions to Start Negotiation

Mediator Portfolio 9.2: Going into Caucus

Chapter 10: Settlement and Closure
Why Write Agreements?

Is the Agreement Legally Binding or Legally Nonbinding?

A Format for Writing Mediation Agreements

Choosing the Phrasing of the Agreement

Creating Durable Agreements

Final Reading and Signing

Closing a Nonagreement Mediation

Debriefing the Session


Portfolio Assignment 10.1: The Memorandum of Agreement Form

Portfolio Assignment 10.2: The Referral Sourcebook

Chapter 11: The World of the Mediator
Variations on Basic Mediation

Mediation as a Profession

Mediation Skills in Everyday Life

The Promise of Mediation



Sample Materials & Chapters

Chapter 1

Chapter 6

Suzanne McCorkle

Suzanne McCorkle (Ph.D., University of Colorado at Boulder, rhetoric & argumentation; M.A. & B.S., Ball State University, rhetoric & argumentation; speech & secondary education) is director of the Dispute Resolution Program at Boise State University where she is a professor in the Public Policy and Administration department. McCorkle is the co-author of Mediation Theory and Practice, Second Edition (SAGE), Personal Conflict Management (Allyn & Bacon), and People Skills for Public Managers (M.E. Sharpe). More About Author

Melanie Janelle Reese

Melanie J. Reese is a Dispute Resolution Coordinator for the Idaho State Department of Education. She is a former Faculty Ombudsman for the communication faculty at the College of Western Idaho and Associate Professor of Communication at Boise State University. She is the co-author of Mediation Theory and Practice, Second Edition (SAGE) and Personal Conflict Management (Allyn & Bacon). More About Author