Mediation skills and techniques

Description

Full Title Copyright Publishers’ Note List of Tables List of Figures Preface Abbreviations Table of Contents Chapter 1 This Book’s Approach to Mediation Skills and Techniques Introduction On Learning and Developing Mediation Skills Contents and Organisation of Subject-matter About Mediator Skills and Techniques Cultural Limitations Some Assumptions Indicators of Effective Mediation Classifying Things that Mediators Do Overview of a Mediation Mediator Learnings Tasks for New Mediators Chapter 2 Intake, Screening and Other Preliminaries Introduction Entering the Dispute Contacting the Other Side Intake, Screening, Streaming Preliminary Conferences Separate Prior Meetings with the Parties Authority to Settle Settling the Agreement to Mediate Preparatory Work for Parties and Advisers Preparatory Work for Team Negotiations Mediator Learnings Tasks for New Mediators Chapter 3 Maintaining a Favourable Climate Introduction to the Mediator’s Role in ‘Climate Control’ Reasons for a Poor Climate The Trust Factor Managing Expectations Strategies for Improving the Climate Dealing with Intense Emotions Dealing with Criticism Overcoming Clients’ Fundamental Fears Preserving Face and Avoiding Loss of Face Mentalising Improving the Climate A Final Word on Authenticity Mediator Learnings Tasks for New Mediators Chapter 4 Diagnosing, Defining, Designing Introduction Developing a Hypothesis Gathering Information Distinguishing between Positions and Interests Diagnosing the Dispute Defining Problems Appropriately: Identifying Issues or Questions Designing an Appropriate Form of Mediation Mediator Learnings Tasks for New Mediators Chapter 5 Managing the Mediation Process Introduction A Six-stage Process The Mediator’s Opening Statement The Party Initial Statements Defining the Problem Discussion and Exploration of Issues in Joint Session Generating Options, Negotiation and Problem-solving The Separate Meetings Final Decision-making Recording the Decisions Closure Post-mediation Activities Variations in the Process Mediator Learnings Tasks for New Mediators Chapter 6 Assisting the Communication Dynamics Introduction Communication and Culture When Communication Counts Basic Issues in Communication Communication Style and Terminology Non-verbal Communication in Mediation Effective Listening Reframing Appropriate Questioning Reiterating Paraphrasing Summarising Transitioning Note-taking Exchange of Information Assigning Tasks Drafting Mediator Learnings Tasks for New Mediators Chapter 7 Facilitating the Negotiations Introduction On Negotiation Generally Mediator’s Role in Negotiations Mediator’s Role in Positional Bargaining Mediator’s Role in Promoting Interest-based Bargaining Special Techniques in Negotiation Dealing With Impasses Different Methods of Performing These Functions Mediator Learnings Tasks for New Mediators Chapter 8 Encouraging Settlement Introduction Sources of Mediator Power and Influence Categories of Encouragement to Settle Risk Assessment Methods and Styles of Encouraging Settlement Using Power to Encourage Settlement: Some Illustrations Dangers in Encouraging Settlement To Intervene or Not to Intervene Mediator Learnings Tasks for New Mediators Chapter 9 Variations in the Mediation Process Introduction Multiple Meetings Shuttle Mediation Using More Than One Mediator Mediation by Telephone Conference Online Mediation Blended Processes — Multiple Roles for Mediators Other Variations in the Mediation Process Mediator Learnings Tasks for New Mediators Chapter 10 Special Issues in Mediation Introduction Dealing With the Power Issue Dealing With Violence Using Interpreters in Mediation Dealing With Proposed Settlements ‘Outside the Range’ Dealing With Absent Parties Involving Children in Mediation Dealing With Experts in Mediation Dealing With Professional Advisers Dealing With Complex Multi-party Disputes Terminating Mediation Without Agreement Mediator Learnings Tasks for New Mediators Chapter 11 Avoiding Mediator Traps Introduction Unrealistic Expectations Losing Impartiality Dominating the Process Losing Control of the Process Ignoring Emotions Moving to Solutions Too Quickly Pushing the Parties Assuming a Differing Professional Role Being Unprepared Allowing Agreements to be Left Undocumented Ignoring External Parties Mediator Learnings Tasks for New Mediators Chapter 12 Developing a Practice and Practising Mediation Introduction Developing Mediator Credentials Infrastructure and Resources Marketing Mediation Securing Referrals Standards and Ethics Growth Options for Mediation Services Other Practice Matters Conclusion Mediator Learnings Tasks for New Mediators Appendix 1 Mediation Clauses Mediation Clauses Appendix 2 Standard Forms for Mediation Practice A. Covering Letter B. Information about the mediator C. Information about mediation Appendix 3 Finding a Mediator: Checklist for Parties and Advisers IMI — Finding the right mediator Appendix 4 Agreements to Mediate and Confidentiality Agreements A. Law Society of NSW’s Agreement to Mediate B. Agreement to Mediate C. Sample Confidentiality Agreement Appendix 5 Mediated Agreements A. Commercial dispute B. Family dispute (interim) C. Community dispute Appendix 6 Mediation Standards and Guidelines A. Australian National Mediator Practice Standards B. Australian National Mediator Approval Standards C. Law Council of Australia Guidelines for Lawyers in Mediations Appendix 7 Checklists for Competency, Feedback and Reflection A. LEADR checklist — Competencies Under Assessment B. Evaluation Form for Party or Adviser Appendix 8 ODR Providers Bibliography Index