The Mediation Process

Preface ix Part One: Understanding Disputes, Confl ict Resolution, and Mediation 1 1 Approaches for Managing and Resolving Disputes and Conflicts 3 2 The Mediation Process: Mediator Roles, Functions, Approaches, and Procedures 19 3 The Practice of Mediation 61 4 Conflict Analysis: Understanding the Causes of Conflicts and Opportunities for Collaboration 106 5 Negotiation and Conflict Resolution 169 Part Two: Laying the Groundwork for Effective Mediation 179 6 The Mediation Process: An Overview 181 7 Making Initial Contacts with Disputing Parties 216 8 Collecting and Analyzing Background Information 237 9 Designing a Plan for Mediation 277 Part Three: Conducting Productive Mediation Meetings 299 10 Beginning Mediation 301 11 Presenting Parties' Initial Perspectives and Developing an Agenda 325 12 Educating about Issues, Needs, and Interests and Framing Problems to Be Resolved 363 13 Generating Options and Problem Solving 387 14 Evaluating and Refining Options for Understandings and Agreements 413 15 Reaching Understandings and Agreements and Achieving Closure 435 16 Implementing and Monitoring Understandings and Agreements 477 Part Four: Strategies for Responding to Special Situations 487 17 Strategies for Responding to Special Situations 489 18 Strategies for Multiparty Mediation 555 Part Five: Toward an Excellent Practice of Mediation 571 19 Toward an Excellent Practice of Mediation 573 Resource A: Professional Practice Guidelines 593 Resource B: Mediation Services Agreement 603 Resource C: Checklist for Mediator Opening Remarks/Statement 607 Resource D: Settlement Documentation Form 609 References 611 About the Author 655 Index 657