Mediation Theory and Practice 3/e

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). 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).

List of Cases, Views, and Role-Play Scenarios Preface Acknowledgments About the Authors Chapter 1: Introduction to Mediation Why Mediation? Benefits for the Disputants Benefits for the Mediator How Do People Find Their Way to Mediation? Family Mediation Community Mediation Victim-Offender Mediation School-Based Peer Mediation Organizational Mediation Government and Court-Annexed Mediation Power, Rights, and Interests Resolving through Power Resolving through Rights Resolving through Interests The Dispute Resolution Continuum Litigation Arbitration Med-Arb Mediation Informal Conflict Management A Disclaimer about Mediation Training Summary Chapter Resources Portfolio Assignment 1.1: Starting Your Mediator Portfolio Portfolio Assignment 1.2: Personal Reflections Chapter 2: The Basic Components of Mediation Philosophical Assumptions Facilitative Approach Transformative Approach Evaluative Approach Comparing the Three Approaches Functional Models Integrating Philosophies Variables That Make a Difference in Mediation Models Premediation or No Premediation Allow Uninterrupted Disputant First Statements or Control When and How Long Each Person Speaks Allow, Require, or Forbid Private Meetings between the Mediator and the Parties Require an Agenda before Negotiating, Negotiate as You Go, or Slide Back and Forth between Issue Identification and Negotiation Consider the Parts of the Mediation as Functional Phases or as Chronological Steps Focus on the Problem, Focus on the Emotions, or Balance Problems and Emotions Prescribe Automatic First Moves within Phases or Allow Mediator Choice Allowing or Prohibiting Parties to Speak to Each Other Writing and Signing or Not Signing Agreements Phases in the Balanced Mediation Model Premediation Mediation Session Postmediation Does Culture Matter in Mediation? Summary Chapter Resources Portfolio Assignment 2.1: Personal Reflections on Mediation Philosophy Portfolio Assignment 2.2: Personal Reflections on Culture Chapter 3: Essential Skills for Mediators An Overview of Mediator Skills Trusting and Controlling the Process Trusting the Process Controlling the Process Listening: A Bedrock Skill for Mediators Types of Listening Variables That Affect Listening Skills for Listening to Content, Emotion, and Relationship Reframing Messages Listening to Nonverbal Communication Clarifying and Asking Questions Open versus Closed Questions Genuinely Curious Questions Honoring Silence Listening Interculturally Ethical Issues and Listening Summary Chapter Resources Portfolio Assignment 3.1: Emotional Paraphrases Portfolio Assignment 3.2: The Open-Ended Question Chapter 4: Premediation Activities Contacting Disputants Goals to Accomplish During Intake Education Role Information-Gathering Role Assessment Role Setting the Stage Time and Timing Place Environment Summary Chapter Resources 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 in the Mediation Community Ethical Considerations for Mediators Neutrality and Impartiality Reality Testing Competence Dual-Role Relationships Truthfulness Informed Choice Conclusions about Mediator Ethics Disputant Roles Analyzing Stakeholders The Mediation Plan Common Causes of Conflict Conflict Causes and Mediator Moves Cultural Awareness Summary Chapter Resources Portfolio Assignment 5.1: Ethical Codes of Conduct Portfolio Assignment 5.2: Mediator Supplies Portfolio Assignment 5.3: Personal Reflections That Deepen Cultural Awareness Chapter 6: The Mediator's Opening Statement Managing Arrivals and Seating Opening Statement Functions Opening Statement Styles Monologue Style Interactive Style Opening Statement Dynamics Length Order Key Components of the Opening Statement Welcoming Introductions Building Credibility Establishing Stakeholders Explaining the Nature and Scope of Mediation Explaining the Mediator's Role Explaining the Caucus Explaining Impartiality and Neutrality Giving a Confidentiality Statement Disclosing Notetaking Purposes Establishing Ground Rules Discuss Facilities Discovering Time Constraints Explaining the Role of Outside Experts Securing the Commitment to Begin Transitioning to Storytelling Building Credibility and Rapport The Relationship between Opening Statements and Mediator Control Notetaking for Mediators Summary Chapter Resources 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 Symbolic Interaction Attribution Theory Emotional Intelligence Functions of Storytelling The Individual The Mediator Mediator Strategies in Storytelling One Storyteller at a Time Co-Constructing Stories General Inquiry Questions Whole Picture Questions The Naive Detective Specific Inquiry Questions Establishing Agreed-Upon "Facts" Weighing the Importance of Disagreements Perspective Taking Humor Recognizing Turning Points Overcoming Common Pitfalls during Storytelling Pitfall 1: Unchecked Power Differences Pitfall 2: Allowing Blaming and Attacking Pitfall 3: Acting on Overstatements or Generalizations Pitfall 4: Taking Sides Pitfall 5: Permitting Interrupting and Bickering Pitfall 6: Mismanaging Emotional Outbursts Pitfall 7: Letting One Party Monopolize Time or Control the Process Pitfall 8: Being Overwhelmed with Evidence Conflict Causes and Mediator Moves Summary Chapter Resources Portfolio Assignment 7.1: The Vision Quest Portfolio Assignment 7.2: Reframes Portfolio Assignment 7.3: Personal Reflection Chapter 8: Setting the Agenda for Negotiation Mediator's Notes Are the Building Blocks of the Agenda When to Shift to the Agenda Step Components of the Agenda The Commonality Statement The Agenda List Sequencing the Agenda List Who Decides the Order of the Agenda? Considerations When Choosing the Agenda Sequence Adding an Issue for Continuing Relationships Alternate Methods of Creating the Agenda Framing the Agenda Neutrally and Mutually Summary Chapter Resources 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 Starting the Negotiation Techniques for Cooperative Negotiation Techniques for Traditional Negotiation Using the Caucus to Respond to Common Problems Not Bargaining in Good Faith Hidden Agendas Reality Check Lying or Withholding Information Shuttle Breaking Deadlocks Analyze the Impasse Techniques to Break through Impasse Face-Saving Ending the Negotiation Phase Mediator Ethics and the Negotiation Phase Summary Chapter Resources Portfolio Assignment 9.1: Questions to Start Negotiation Portfolio Assignment 9.2: Going into Caucus Portfolio Assignment 9.3: Personal Reflections on Face 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 Agreements Use Direct Language Agreements Are Clear Agreements Generally Are Positive Agreements Are Impartial Agreements Are Concrete Agreements Arise from the Parties' Words Creating Durable Agreements Contingency Agreements Future Communication Clauses Reality Testing Partial Agreements Final Reading and Signing Closing a Nonagreement Mediation Debriefing the Session Summary Chapter Resources Portfolio Assignment 10.1: Memorandum of Agreement Form Chapter 11: The World of the Mediator Variations on Basic Mediation Co-Mediation Panels Extended Premediation Mediation and the Internet Mediation as a Profession Employment Opportunities for Mediators Cross-Training and Life Skills Standards of Professional Conduct Professional Mediator Competencies Mediation Skills in Everyday Life Summary Chapter Resources Portfolio Assignment 11.1: My Current Skill Level Appendix A: Practice Cases Appendix B: Mediator Skills Checklist Glossary References Index