[[24-02-2022]] (I read this book because i wanted a good overview of the mediation process. Very good book. I explained the different types, schools, and approaches in mediation. The mediation process. If i ever need to do mediation work, i will return to this book and read specific sections in details.) #book #Booknote #mediation [[Preface - the mediation process]] ![[Preface - the mediation process#^ee1503]] # Part One: Understanding Disputes, Conflict Resolution, and Mediation ### 1: Approaches for Managing and Resolving Disputes and Conflicts [[The Whittamore-Singson Dispute]] [[Conflict Management and Resolution Approaches and Procedures]] 2: The Mediation Process: Mediator Roles, Functions, Approaches, and Procedures [[A Definition of Mediation]] [[Some Variations in Mediator Relationships to Parties and Assistance]] [[Variations of Mediators' Targets, Focus, Levels of Interventions, and Direction]] [[“Schools” of Mediation]] The Focus of the Remainder of This Book 3: The Practice of Mediation Historical and Cultural Roots of Mediation: Religious and Customary Practices Contemporary Practice of Mediation Mediation Around the World [[4 - Conflict Analysis - Understanding the Causes of Conflicts and Opportunities for Collaboration]] [[The Circle of Conflict - Causes of Disputes and Opportunities for Collaboration]] [[Factors That Are Sources or Causes of Conflict and Opportunities for Collaboration]] Options, Understandings, Agreements, and Outcomes Note 5: Negotiation and Conflict Resolution [[Transactional and Conflict Resolution–Oriented Negotiations]] How Mediators Work with Various Orientations and Procedures for Negotiations # Part Two: Laying the Groundwork for Effective Mediation 6: The Mediation Process: An Overview [[The Stages of the Mediation Process Preparation Stages, Goals, Tasks, and Activities]] [[Mediation Session Stages, Tasks, and Activities]] 7: Making Initial Contacts with Disputing Parties Tasks of the Mediator in the Entry Stage Implementation of Entry 8: Collecting and Analyzing Background Information Framework for Analysis Timing of Data Collection The Data Collector Data Collection Methods Direct Observation and Site Visits Data Collection Strategies Interviewing Approaches Communication and Interviewing Procedures and Skills Recording Information Data Collection by Co-Mediators and in Multiparty Disputes Conflict Analysis Presentation of Data and Analysis to Disputing Parties Making a Go/No-Go Decision on Whether or Not to Proceed with Mediation 9: Designing a Plan for Mediation Participants in Negotiations Location and Venue for Mediation Physical Arrangement of the Venue General Consideratons for Designing a Plan for Mediatiation Detailed Planning to Begin the First Joint Mediation Session Thinking about Mutual Education of Parties Developing Strategies to Respond to Possible Deadlocks # Part Three: Conducting Productive Mediation Meetings 10: Beginning Mediation Welcoming the Parties Handling Introductions and Opening Communications The Mediator's Opening Statement and Discussion of Aspects of the Mediation Process Cultural Variations 11: Presenting Parties' Initial Perspectives and Developing an Agenda Opening Statements by Parties Facilitation of Communication and Information Exchange in Opening Statements Creation of a Positive Emotional Climate Cultural Variations in Parties' Opening Statements Framing Issues and Setting an Agenda Identifying and Framing Issues Variables in Framing and Reframing Issues Framing and Reframing Broad Topic Areas for Discussion Developing the Agenda Handling Difficult Framing and Agenda Develolpment Issues Cultural Approaches to Agenda Formation 12:  Educating about Issues, Needs, and Interests and Framing Problems to Be Resolved Determining What Information Needs to Be Presented and Exchanged Where Information Should Be Presented and Exchanged How to Promote Effective Presentations and Exchange of Information Difficulties in Identifying Needs and Interests Cultivating Positive Attitudes Toward Interest Exploration Procedures for Assisting Parties to Educate Each Other and Present and Clarify Needs and Interests Direct Procedures for Identifying Interests Positions, Interests, and Bluffs Interest Identification, Acceptance, and Agreement Framing Joint Problem Statements Cultural Approaches 13:  Generating Options and Problem Solving Development of an Awareness of the Need for Multiple Options Detachment of Parties from Unacceptable Positions General Approaches and Strategies for Option Generation General Strategies for Generating Options Specific Option-Generation Procedures Forums for Option Generation Option Generation in the Whittamore-Singson Case Cultural Approaches 14:  Evaluating and Refining Options for Understandings and Agreements Evaluating Settement Ranges, Positions, and Options Evaluation Criteria and Procedures Recognizing and Enhancing a Positive Joint Settlement Range Review Possible utcomes to a Conflict Refining Options Option Evaluation and Refining Options in the Whittamore-Singson Case Cultural Approaches 15:  Reaching Understandings and Agreements and Achieving Closure Strategies for Reaching Final Agreements Incremental Convergence Links, Trades, and Joint Development of Package Agreements Formulas and Agreements in Principle Leap to Agreement Procedural Means to Reach Substantive Agreements Mediator Assistance to Recognize and Confirm Understandings and Agreements Reaching Substantive Closure and Formalizing the Agreement Procedural Closure Psychological Closure and Redefinition of Parties' Relationships Closure, Ritual, and Symbolic Conflict Termination Activities Reaching Agreements and Achieving Closure in the Whittamore-Singson Case Cultural Approaches 16:  Implementing and Monitoring Understandings and Agreements Procedural Closure, Implementation, and Monitoring Criteria for Compliance and Implementation Steps Monitoring the Performance of Agreements Provisions and Procedures for Resolving Future Disputes Implementing and Monitoring Agreements in the Whittamore-Singson Case Cultural Approaches to Monitoring # Part Four: Strategies for Responding to Special Situations 17: Strategies for Responding to Special Situations Private Meetings Time, Timing, and Deadlines Mediators and Deadline Management Exerting Mediator Influence Management of the Negotiation Process Power Balance between Parties Mediation, Culture, and Gender Grand Strategies for Responding to Temporal Sources of Conflicts Approaches for Mediating Disputes Involving Strong Beliefs or Values Responding to Beliefs or Values without Trying to Change Them Respond to Beliefs and Values by Trading Satisfaction of Values or Translating Them into Interests Respond to Beliefs and Values by Creating Tensions between Those Held by One Party Identify Shared Superordinate Beliefs, Values, or Principles—or Create New Ones Refer Belief and Value Conflicts to a Third-Party Decision Maker 18: Strategies for Multiparty Mediation Negotiations and Teams Spokesperson Models Multiparty Negotiation Forums, Formats, and Procedures Teams with Constituents # Part Five: Toward an Excellent Practice of Mediation 19: Toward an Excellent Practice of Mediation Codification of the Practice of Mediation and a Written Body of Knowledge Formal Training, University Courses, and Degrees Private Independent Practitioners and Organizations That Provide Professional Mediation Services Mediation and Dispute Resolution Associations Codes of Ethics and Standards of Practice Qualifications for Specific Areas of Practice Regulating Entry, Practice, and Performance of Practitioners Resource A: Professional Practice Guidelines The Model Standards of Conduct for Mediators—2005 Notes Resource B: Mediation Services Agreement Resource C: Checklist for Mediator Opening Remarks/Statement Resource D: Settlement Documentation Form