Stories Mediators Tell

Author: Lela Porter Love,Glen Parker

Publisher: N.A

ISBN: 9781634256742

Category: Law

Page: 350

View: 1639

"This second edition of [this title] encompasses stories from around the world. The writers (24 top international mediators) were asked to write about moving, successful, unsuccessful, happy, sad and funny mediations...From these...stories, mediators will learn how to help clients find positive outcomes to conflict resolution."--

Stories Mediators Tell

Author: Eric Galton,Lela Porter Love

Publisher: Amer Bar Assn

ISBN: 9781614383567

Category: Law

Page: 366

View: 4425

This guide is a collection of inspirational stories shared by experts in the field who want others to experience the art of mediation. Their stories share advice on how to handle certain situations. The stories were not collected to glorify or to vilify mediation, but to make it accessible to readers generally to share what mediation is about and how certain situations were handled. The authors are motivated by the belief that mediation is not well understood even its practitioners are often limited to their own experience, particularly given confidentiality strictures. Now in Paperback "

Common Ground on Hostile Turf

Stories from an Environmental Mediator

Author: Lucy Moore

Publisher: Island Press

ISBN: 1610914120

Category: Business & Economics

Page: 216

View: 4430

In our increasingly polarized society, there are constant calls for compromise, for coming together. For many, these are empty talking points—for Lucy Moore, they are a life's work. As an environmental mediator, she has spent the past quarter century resolving conflicts that appeared utterly intractable. Here, she shares the most compelling stories of her career, offering insight and inspiration to anyone caught in a seemingly hopeless dispute. Moore has worked on wide-ranging issues—from radioactive waste storage to loss of traditional grazing lands. More importantly, she has worked with diverse groups and individuals: ranchers, environmental activists, government agencies, corporations, tribal groups, and many more. After decades spent at the negotiating table, she has learned that a case does not turn on facts, legal merit, or moral superiority. It turns on people. Through ten memorable stories, she shows how issues of culture, personality, history, and power affect negotiations. And she illustrates that equitable solutions depend on a healthy group dynamic. Both the mediator and opposing parties must be honest, vulnerable, open, and respectful. Easier said than done, but Moore proves that subtle shifts can break the logjam and reconcile even the most fiercely warring factions. This book should be especially appealing to anyone concerned with environmental conflicts; and also to students in environmental studies, political science, and conflict resolution, and to academics and professionals in mediation and conflict resolution fields.

Improvisational Negotiation

A Mediator's Stories of Conflict About Love, Money, Anger -- and the Strategies That Resolved Them

Author: Jeffrey Krivis

Publisher: John Wiley & Sons

ISBN: 0470242426

Category: Law

Page: 336

View: 706

Improvisational Negotiation presents an original approach for mediators, negotiators, and other dispute resolution professionals. Drawing on his own experience plus those of his colleagues, Jeffrey Krivis offers the reader dramatic, well-crafted, and highly instructive stories about people in conflict - families, organizations, corporations - and shows how mediated negotiations help them to reach a successful resolution. Unlike most books on the topic, Improvisational Negotiation does not focus on theory, philosophy, or formulaic procedures. The book highlights entertaining true stories that illuminate the skills and tools a good mediator uses to direct a successful negotiation and then asks the questions: What happened? and What strategies can we learn?

Court Mediation Reform

Efficiency, Confidence and Perceptions of Justice

Author: Shahla F. Ali

Publisher: Edward Elgar Publishing

ISBN: 1786435861


Page: 296

View: 6318

As judiciaries advance, exploring how court mediation programs can provide opportunities for party-directed reconciliation whilst ensuring access to formal legal channels requires careful investigation. Court Mediation Reform explores comparative empirical findings in order to examine the association between court mediation structure and perceptions of justice, efficiency and confidence in courts.

View from the Middle of the Road

A Mediator's Perspective on Life, Conflict, and Human Interaction

Author: Jan Frankel Schau

Publisher: AuthorHouse

ISBN: 1481710052

Category: Business & Economics

Page: N.A

View: 1943

Every day in mediation offices around the world, parties come together to tell their unique story as it relates to a conflict in their lives. In a single, prescient day, they expect to end their pending litigation. Sometimes the resolution requires money. Other times it requires an apology, an explanation or an agreement to put the conflict behind the disputants and move forward in peace. Sometimes, it just requires an impartial set of ears, an open heart and a willing third party to lead the way with dignity, decency and humanity. Such is the life of a mediator. The mediator is the glue: the compassionate ear that can listen deeply and find the connections between the two stories. While lawyers are trained to fight for the rights of their clients, mediators are trained to look for the validity of both points of view. It is, indeed, a different perspective. "View from the Middle of the Road" is a highly entertaining collection of mediation stories based upon a year of self-reflective analysis by author and prominent Los Angeles mediator, Jan Frankel Schau. The stories are intriguing, endearing and sometimes infuriating. The author takes the time to describe her "bird's eye" view and illustrate specific Mediator's Tools used by her in each dispute. Students of mediation, disputants and their counsel and Judges will find these tools incredibly useful and insightful. Where parties have a seat at the negotiating table and can be fully heard with compassion, an open-mind and an open heart, the implications for peace-making extend far, far beyond the litigated case. That is Jan Frankel Schau's View from the Middle of the Road: A Mediator's Perspective on life, conflict and human interaction.

The Mediator's Toolkit

Formulating and Asking Questions for Successful Outcomes

Author: Gerry O'Sullivan

Publisher: New Society Publishers

ISBN: 1771422866

Category: Law

Page: 208

View: 5274

Learn how to formulate and ask penetrating, paradigm-shifting questions for successful outcomes in any conflict. Knowing how to formulate and ask incisive questions to get to the core of a conflict, challenge entrenched thinking, and shift perspectives are the main challenge for mediators and the key to successful conflict resolution. The Mediator’s Toolkit employs the author’s powerful “S Questions Model,” to provide readers with the skills and tools to develop and ask strategic questions that result in successful outcomes in any context. The S Questions Model toolkit dives into four dimensions of successful questions for mediation: the subject matter dimension, the structure dimension, the information seeking dimension, and the shifting thinking dimension. The toolkit clearly explains: The theory behind each question type, including exploration of relevant neuroscience and psychology The purpose of different types of questions How the questions work When to use different types of questions How to build and apply questions to mediation in a non-threatening way This essential practical guide will radically sharpen, focus, and improve the questioning skills of qualified mediators, students, lecturers, trainers, and those using questions to challenge and effect change, in any context.


Practice, Policy, and Ethics

Author: Carrie J Menkel-Meadow,Lela Porter-Love

Publisher: Wolters Kluwer Law & Business

ISBN: 1454818875

Category: Law

Page: 620

View: 2914

Mediation: Practice, Policy, and Ethics provides a comprehensive and current introduction to the world of mediation, including law and policy, case examples, and practice guidelines for mediators and attorney representatives. Leading scholars and award-winning teachers in the field present critiques of mediation as well as its promise and potential. Their practical, problem-solving approach includes both analytical and behavioral approaches in varying gender, race, and cultural contexts. The text can be used for lawyer-mediators, lawyer-representatives in mediation, and non-lawyer mediators. An extensive Teacher’s Manual offers suggested syllabi, teaching notes, simulations, discussion pointers, and exam and paper suggestions for each chapter. The Second Edition showcases recent case developments in mediation and adds selections from the latest law review and practical writings on new forms and applications of the processes. New material on cultural diversity also includes coverage of international and intercultural mediation. New problem sets appear in the text, and new simulations are found in the Teacher's Manual. Features: comprehensive current coverage of mediation law and policy case examples practice guidelines for mediators and attorney representatives authors are leading scholars and award-winning teachers in this area presents critiques of mediation as well as its promise and potential practical, problem-solving approach both analytical and behavioral approaches varying gender, race, and cultural contexts can be used across the field lawyer-mediators lawyer-representatives in mediation non-lawyer mediators suggested syllabi teaching notes simulations discussion pointers exam and paper suggestions for each chapter Thoroughly updated, the revised Second Edition presents: recent case developments in mediation and related processes selections from latest law review and practical writings on new forms and applications of mediation processes new materials on cultural diversity and international and intercultural mediation

Practicing Narrative Mediation

Loosening the Grip of Conflict

Author: John Winslade,Gerald D. Monk

Publisher: John Wiley & Sons

ISBN: 078799474X

Category: Business & Economics

Page: 315

View: 1371

PRACTICING NARRATIVE MEDIATION WHEN IT WAS published in 2000, John Winslade and Gerald Monk's groundbreaking book Narrative Mediation quickly became the classic work on the theory of narrative technique in mediation. Practicing Narrative Mediation is the next-step resource that explores the explosive development of narrative practice that has taken place in the past ten years. Practicing Narrative Mediation provides mediation practitioners with practical narrative approaches that can be applied to a wide variety of conflict resolution situations. Written by John Winslade and Gerald Monk—leaders in the narrative therapy movement—the book contains suggestions and illustrative examples for applying the proven narrative technique when working with restorative conferencing and mediation in organizations, schools, health care, divorce cases, employer and employee problems, and civil and international conflicts. Practicing Narrative Mediation also explores the most recent research available on discursive positioning and exposes the influence of the moment-to-moment factors that are playing out in conflict situations. The authors include new concepts derived from narrative family work such as "absent but implicit," "double listening," and "outsider-witness practices." Practicing Narrative Mediation will help both family and community mediators hone their skills to make sense from and generate meaning within the conflicts they encounter.

Divorce and Family Mediation

Models, Techniques, and Applications

Author: Jay Folberg,Ann Milne,Peter Salem

Publisher: Guilford Press

ISBN: 9781593850029

Category: Psychology

Page: 588

View: 1182

Building on the success of their groundbreaking 1988 Divorce Mediation, Folberg et al. now present the latest state-of-the-art, comprehensive resource on family and divorce mediation. Paving the way for the field to establish its own distinct discipline and academic tradition, this authoritative volume offers chapters contributed by leading mediation researchers, trainers, and practitioners. Detailed are the theory behind mediation practice, the contemporary social and political context, and practical issues involved in mediating divorce and custody disputes with contemporary families. Authors also address intriguing questions about professional standards and where the field should go from here. A groundbreaking resource, this volume is indispensable for all mental health and legal professionals working with families in transition.

A Guide to Divorce Mediation

How to Reach a Fair, Legal Settlement at a Fraction of the Cost

Author: Gary J. Friedman

Publisher: Workman Publishing

ISBN: 9781563052453

Category: Family & Relationships

Page: 376

View: 1648

Describes the divorce mediator's unique mix of legal, psychological, and spiritual perspectives and discusses the ground rules and legal ramifications

Dispute Resolution

Beyond the Adversarial Model

Author: Carrie J. Menkel-Meadow,Lela Porter-Love,Andrea Kupfer-Schneider,Michael Moffitt

Publisher: Aspen Publishers

ISBN: 145485202X

Category: Law

Page: 648

View: 4789

Dispute Resolution: Beyond the Adversarial Model, Third Edition provides a comprehensive look at the current state of ADR. For each area of Negotiation, Mediation, Arbitration, and Hybrid processes, the text incorporates four key aspects: the theoretical framework defining the process; the skills needed to practice it; the ethical issues implicated in its use and how to counsel users of such processes; and legal and policy analyses, with questions and problems within the text. New to the Third Edition: A shorter, more compact book designed to be student-friendly Exercises and discussion problems throughout Designed for one chapter to be covered each week of a typical ADR course The latest on Online Dispute Resolution, Dispute System Design, Supreme Court decisions on arbitration, and empirical work on mediation and negotiation Professors and students will benefit from: Comprehensive, current coverage. The theory, skills, ethical issues, and legal and policy analyses relevant to all key areas of contemporary ADR practice—Negotiation, Mediation, Arbitration, and hybrid and multi-party processes and their appropriate uses—are thoroughly covered using a rich range of up-to-date cases and readings. Authored by the leading scholars and teachers in the field of Dispute Resolution. The authors are award winning and recognized for their scholarship, teaching, practice, policy making, and standards drafting throughout the wide range of particular ADR processes. Practical approach to problem-solving. The text engages students as active participants in resolving human and legal problems, using individual or combined resolution processes in varying gender, race, and cultural contexts. International and multi-party dispute resolution. These important, high-interest contexts and applications are thoroughly covered in discrete chapters. Readings balance theory and theory-in-use. Readings include cases, behaviorally and critically based articles, examples, empirical studies, and relevant statutory and other regulatory material to illuminate the challenge of balancing rules and laws with the economic and emotional constraints inherent in disputes. Challenging, relevant readings. The text includes a wide range of perspectives, from Fisher, Ury, and Patton’s Getting to Yes, Raiffa’s Art and Science of Negotiation, and materials on modern deliberative democracy, group facilitation and decision making, counseling clients about uses of ADR, enforcement of negotiation, and mediation agreements. Key cases include AT&T v. Concepcion and other recent Supreme court cases on arbitration. Teaching materials include: Numerous role-plays and simulations for skills development Suggested teaching exercises, syllabi and “answers” to problem boxes found in text Recommendations for supplemental materials, such as videos and transcripts Examination and paper suggestions for each chapter


The Roles of Advocate and Neutral

Author: Dwight Golann,Jay Folberg

Publisher: Wolters Kluwer Law & Business

ISBN: 1454876026

Category: Law

Page: 432

View: 8477

With an emphasis on the practical, Mediation: The Roles of Advocate and Neutral, Third Edition, integrates theory with skills and strategies, ethics, and multiple practice applications to teach students about mediation and how to represent clients effectively in the process. This next-generation casebook includes all of the mediation material in Resolving Disputes as well as selected materials from the negotiation and hybrid sections. It expands the mediation coverage in the survey casebook, focusing on psychological barriers, techniques of conducting legal mediation, and how to use mediation as a litigator. Lastly, the third edition of Mediation adds coverage not available in the survey book, including exploration of cognitive obstacles, subtle emotional issues, methods of facilitating positional bargaining and disagreements over legal issues, and policy issues affecting mediation. Features: Expanded discussion of how cognitive barriers and emotions such as grief and loss can impact settlement. Examples showing how lawyers sometimes act as informal mediators. A chapter that place caucus, no-caucus, all-caucus and transformative models of mediation side by side, allowing teachers to compare and contrast processes. The purchase of this Kindle edition does not entitle you to receive 1-year FREE digital access to the corresponding Examples & Explanations in your course area. In order to receive access to the hypothetical questions complemented by detailed explanations found in the Examples & Explanations, you will need to purchase a new print casebook.

The Fundamentals of Family Mediation

Author: John M. Haynes,Stephanie Charlesworth

Publisher: Federation Press

ISBN: 9781862872097

Category: Australia

Page: 318

View: 6304

This book provides a clear model of mediation, an understanding of the theory of negotiation, and an analysis of separation and divorce not only as it affects family members, but also as a social and legal event. It is designed as a mediators' handbook and can be used by practising mediators as well as trainee mediators to solve a wide spectrum of problems. This book provides people with hands-on advice as they enter family mediation practice as well as providing directors of training programs with a text dealing with the 'how to'.

How To Make Money as a Mediator (And Create Value for Everyone)

30 Top Mediators Share Secrets to Building a Successful Practice

Author: Jeffrey Krivis,Naomi Lucks

Publisher: John Wiley & Sons

ISBN: 1118046994

Category: Law

Page: 256

View: 9708

How to Make Money as a Mediator (and Create Value for Everyone) is an invaluable and inspirational resource filled with practical, proven, and down-to-earth information on how you can develop a satisfying and lucrative career as a mediator, no matter what your area of interest—labor and employment mediation, intellectual property, environment, personal injury, family and divorce, contract, securities, or international peacekeeping.

Origin Narratives

The Stories We Tell Children About Immigration and International Adoption

Author: Macarena García-González

Publisher: Routledge

ISBN: 1351855425

Category: Literary Criticism

Page: 200

View: 8900

The first of its kind, this volume unpacks the cultural construction of transnational adoption and migration by examining a sample of recent children’s books that address the subject. Of all European countries, Spain is the nation where immigration and transnational adoption have increased most steeply from the early 1990s onward. Origin Narratives: The Stories We Tell Children About Immigration and International Adoption sheds light on the way contemporary Spanish society and its institutions re-define national identity and the framework of cultural, political and ethnic values, by looking at how these ideas are being transmitted to younger generations negotiating a more heterogeneous environment. This study collates representations of diversity, migration, and (colonial) otherness in the texts, as well as their reception by the adult mediators, through reviews, paratexts, and opinions collected from interviews and participant observation. In this new work, author Macarena Garcia Gonzalez argues that many of the texts at the wider societal discourse of multiculturalism, which have been warped into a pedagogical synthesis, underwrite the very racism they seek to combat. Comparing transnational adoption with discourses about immigration works as a new approach to the question of multiculturalism and makes a valuable contribution to an array of disciplines.


A Psychological Insight Into Conflict Resolution

Author: Freddie Strasser,Paul Randolph

Publisher: A&C Black

ISBN: 9780826475039

Category: Psychology

Page: 202

View: 900

This book is about conflict resolution through mediation, from a psychological perspective. Although written in part from the point of view of litigation, the objective is to demonstrate how an appreciation of the psychological aspects of conflict and an understanding of the emotional strategies people adopt in dispute situations can assist both lawyers and non-lawyers in resolving conflicts. The book consists of three sections- a theoretical analysis of conflict and conflict resolution; a practical, legal and experiential explanation of mediation; and thirdly a series of mock mediations, comprehensively analysed from the viewpoint of the mediator and the parties, providing tips and guidance on the dilemmas and pitfalls that mediators encounter. The book is based on three fundamental tenets: that conflict is ever present, and cannot be eliminated but can be worked with; that the attitude and stance of the mediator towards the dispute can be of significance to the outcome; and above all that the use of psychotherapeutic tools can facilitate a paradigm shift in the parties' approach to conflict. The authors demonstrate how the mediator can move parties in dispute from a position of intransigent adversity to a working alliance, and thereby achieve a 'good enough ' resolution.

I Hear What You Say, But What Are You Telling Me

The Strategic Use of Nonverbal Communication in Mediation

Author: Barbara G. Madonik

Publisher: Jossey-Bass

ISBN: 9780787957094

Category: Business & Economics

Page: 320

View: 4929

I Hear What You Say, But What Are You Telling Me? is a fascinating, original, and invaluable tool kit filled with practical information and techniques for mediators who want to use nonverbal communication to their strategic advantage. Employing a proven process, Barbara Madonik--communication expert, mediator, and international consultant--reveals what it takes to understand, analyze, and utilize nonverbal communication to greatly enhance the mediation process.

The Inbetweenness of Things

Materializing Mediation and Movement between Worlds

Author: Paul Basu

Publisher: Bloomsbury Publishing

ISBN: 1474264808

Category: Social Science

Page: 296

View: 1745

We habitually categorize the world in binary logics of 'animate' and 'inanimate', 'natural' and 'supernatural', 'self' and 'other', 'authentic' and 'inauthentic'. The Inbetweenness of Things rejects such Western classificatory traditions – which tend to categorize objects using bounded notions of period, place and purpose – and argues instead for a paradigm where objects are not one thing or another but a multiplicity of things at once. Adopting an 'object-centred' approach, with contributions from material culture specialists across various disciplines, the book showcases a series of objects that defy neat classification. In the process, it explores how 'things' mediate and travel between conceptual worlds in diverse cultural, geographic and temporal contexts, and how they embody this mediation and movement in their form. With an impressive range of international authors, each essay grounds explorations of cutting-edge theory in concrete case studies. An innovative, thought-provoking read for students and researchers in anthropology, archaeology, museum studies and art history which will transform the way readers think about objects.

Kings of Peace Pawns of War

The Untold Story of Peacemaking

Author: Harriet Martin

Publisher: A&C Black

ISBN: 9780826490575

Category: Political Science

Page: 184

View: 7022

In the complex process of turning war into peace, international conflict mediators play an increasingly pivotal role. Yet almost nothing is known about these influential individuals. In Kings of Peace, Pawns of War, six of the world's leading mediators talk in detail for the first time about their efforts to secure peace in Iraq, South Sudan, Afghanistan, Sri Lanka, Cyprus, Iraq and Aceh. Former war correspondent Harriet Martin draws on unparalleled access to top-level mediators at work on the international scene today. Thus she is able to provide for the first time important insights into a profession rarely subjected to public scrutiny. She investigates the tactics they use to keep the two sides talking, and their drive to complete what is often a thankless task. She exposes how the warring parties, and also the international backers of a mediation, will manipulate a peace effort - and the mediator himself - in order to retain the upper hand.