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Mediation Theory and Practice
Suzanne McCorkle, Boise State University
Melanie J. Reese, Boise State University

ISBN-10: 0205361080
ISBN-13: 9780205361083

Publisher: Allyn & Bacon
Copyright: 2005
Format: Paper; 240 pp
Published: 05/17/2004

Suggested retail price: $59.60
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By blending theory with practical application,   Mediation Theory and Practice  introduces the process of mediation while grounding the student in informative research and theory.

Mediation Theory and Practice provides a thorough introduction to the ever expanding world of mediation. By blending theory with practical application, this book introduces the process of mediation while grounding the student in informative research and theory.

  • The text presents an overview of the basic principles of mediation in a variety of contexts. The Balanced Mediation Model is presented and serves as the philosophical approach and mediation model in the text.
  • Lots of examples and case studies are offered throughout the text, allowing further exploration into the mediation process.
  • Students are introduced to the keys skills required for mediators, listening skills, information gathering, and assessment.
  • Chapter 5 discusses the ethical considerations that face mediators in the roles they play, their neutrality and impartiality responsibilities, and their competence for mediating in differing contexts.
  • The expanding world of the mediator is explored (Ch. 11), discussing the benefits of mediation training in everyday life. In addition, students are exposed to alternative models of mediation, such as the panel model and co-mediation.
  • Discussion questions are provided throughout the text allowing for opportunities to explore the intricacies of the theoretical discussions and to draw insights about the mediation process.
  • Full role-play practice cases are provided in the Appendix.

Each chapter concludes with “Summary.”

Preface.


Acknowledgements.


1. Introduction to Mediation.

Why Mediate?

How Do People Find Their Way to Mediation?

Contexts of Mediation.

Resolving Disputes: Power, Rights, and Interests.

Resolving Through Power.

Resolving Through Rights.

Interest-Based Resolution.

Historic Roots of Alternative Dispute Resolution.

The Dispute Resolution Continuum.

Litigation.

Arbitration.

Med-Arb.

Mediation.

Culture Clash and Mediation.

A Disclaimer About Mediation Training.



2. The Basic Components of Mediation.

Philosophical Assumptions.

Overview of Mediation Models.

Integrating Philosophies.

Variables That Make a Difference In Mediation Models.

Pre-Mediation.

Mediator Opening Statement.

Storytelling and Issue Identification.

Agenda Building.

Negotiating and Problem Solving.

Testing and Writing Settlement Agreements or Agreeing to Disagree.

Closure.

Post-Mediation.



3. Essential Skills for Mediators.

An Overview of Mediator Skills.

Trusting and Controlling the Process.

Listening: A Bedrock Skill for Mediators.

Listening to Nonverbal Communication.

Listening Interculturally.

The Mediator's Role as a Listener.

Clarifying and Asking Questions: Bedrock Skills for Mediators.

Ethical Issues and Listening.



4. Pre-Mediation Activities.

Contacting Disputants.

Goals to Accomplish During Intake Coordination.

Setting the Stage.

Ethical Issues for Pre-Mediation Caseworkers.



5. Mental and Tactical Preparations for the Mediation Session.

Mediator Roles.

Ethical Considerations for Mediators.

Conclusions About Mediator Ethics.

Disputant Roles.

Analyzing Stakeholders.

Who Should Come to the Mediation Table?

The Mediation Plan.

Conflict Causes and Mediator Moves.

Cultural Awareness.

Conflict Analysis.

Conflict Assessment Tools.

Elements of the Case Theory.



6. The Mediator's Opening Statement.

Functions of the Opening Statement.

Opening Statement Styles.

Monologue Style.

Interactive Style.

Opening Statement Dynamics.

Key Components of the Opening Statement.

Introductions.

Building Credibility and Rapport.

The Relationship Between Opening Statements and Mediator Control.

Note Taking for Mediators.



7. Storytelling and Issue Identification.

Theories of Storytelling.

Functions of Storytelling.

The Need to be Heard.

The Need to be Acknowledged.

Mediator Strategies in Initial Storytelling.

Conflict Causes and Mediator Moves.

Overcoming Common Pitfalls in Storytelling.



8. Setting the Agenda for Negotiation.

Mediator Note Taking and the Agenda.

When to Shift to the Agenda Step.

Components of the Agenda.

Ordering the Agenda List.

Who Decides the Order of the Agenda?

Strategies for Ordering the Agenda.

Methods of Agenda Ordering.

Issues for Continuing Relationships.

Packing and Unpacking.

The Language of the Agenda.



9. Problem Solving and Negotiation.

The Two Worlds of Negotiation.

How Involved Is the Mediator in the Negotiation?

Mediator Techniques for Fostering Disputant Problem Solving.

Starting the Negotiation.

Techniques for Fostering Cooperative Negotiation.

Establishing Criteria.

Brainstorming.

Linking and Unlinking.

Logrolling.

Role-Reversal.

Focus on Future Relationship Goals.

Cost-Cutting.

Coaching.

Techniques for Traditional Negotiation.

Create Common Value.

Fractionate Apparent Differences.

Build Contingent Agreement.

Bring Time Into the Agreement.

Sliding Scales.

Maximize Relative Value.

Avoid Early Commitment.

Discover the Bargaining Range.

Using the Caucus to Respond to Common Problems.

Not Bargaining in Good Faith.

Breaking Deadlocks.

Face-Saving.

Mediator Ethics and the Negotiation Phase.



10. Settlement and Closure.

Why Write Agreements?

Types of Agreements.

Is Agreement Legally Binding or Legally Non-Binding?

A Format for Writing Mediation Agreements.

Choosing the Language of the Agreement.

Creating Durable Agreements.

The Writing Process.

Closing a Non-Agreement Mediation.



11. The World of the Mediator.

Variations on Basic Mediation.

Co-mediation Model.

Panel Model.

Extended Pre-mediation.

Mediation and the Internet.

Mediation as a Profession.

Standards of Professional Conduct.

Mediator Professional Competencies.

Mediation Skills in Everyday Life.

The Promise of Mediation.



Index.


Appendix A: Mediation and Culture Readings.


Appendix B: Role Plays.

Mediation Theory and Practice provides a thorough introduction to the ever-expanding world of mediation. By blending theory with practical application, this book introduces the process of mediation while grounding the student in informative research and theory.

Reviewer Praise for McCorkle and Reese's Mediation Theory and Practice

“I believe that the ideas and concepts as presented will help the students understand mediation and the role it plays in today's society. In addition, I think that the students will find the concepts personally rewarding as they interact with others on a daily basis.”
Cornelia Glenn, Owensboro Community College

“In addition to providing the beginning mediator with necessary guidance, it gives more in-depth techniques for enhanced skill development.”
Sheryl Youngblood, Marywood University “Of the mediation textbooks I have seen, this one stands out as the best, with its blend of theory and practice skills.”
Chris Kennedy, Western Wyoming Community College

“This book appears to be innovative yet practical, research-based yet readable by a lay or inexperienced academic readership; it's not too dense to understand easily.”
Rebecca Dumlao, East Carolina University

“I still feel that the style of writing in this text will resonate well with students. I found it quite engaging, yet not overly simplified. It challenges students without appearing esoteric or dry…”
Christina Yoshimura, University of Montana

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Pearson Higher Education offers special pricing when you choose to package your text with other student resources. If you're interested in creating a cost-saving package for your students contact your Pearson Higher Education representative.


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