Description
Dr. Jennifer E. Beer, PhD , combines mediation experience with her cultural anthropology background to lead courses and workshops in mediation, conflict resolution, and cross-cultural communication. She regularly teaches a negotiation course at Wharton (University of Pennsylvania). Author of the Mediator’s Handbook and of Peacemaking in Your Neighborhood , she has mediated conflicts and facilitated meetings for communities and organizations for 30 years. She lives in Pennsylvania. Caroline C. Packard, JD , is an organizational change and conflict response specialist and mediator with 30 years’ experience in the field. A graduate of Yale College and NYU School of Law, and a former corporate litigator with extensive formal training in individual and group psychology, Caroline has a special interest in the evolutionary psychology of group conflict and cooperation. She provides mediation and conflict-resolution services and training to organizations, families, and family businesses. She lives in the United States Eileen Stief developed the mediation process and principles documented in The Mediator’s Handbook , and trained a generation of mediators to work with community, multi-party, and environmental disputes. Now retired, she led the Friends Conflict Resolution Program’s experiment in community dispute settlement and later specialized in environmental mediation. She lives in the United States. Elizabeth Elwood Gates provided the delightful cartoon illustrations in honor of her aunt, Ann Richan, who was a passionate champion of community mediation. Preface Overview What is mediation? A useful tool What makes mediation work? The mediator’s role The anatomy of the mediation process The anatomy of a session Process-centered mediation Guiding principles Mediation terms THE PROCESS Getting to the Table Can mediation help this situation? How people find a mediator Voluntary or mandatory? Initial conversations Do they want to participate? Defining the scope Approaching the other parties Should I be the mediator? Pre-mediation agreements and review Choosing a location The Mediation Session Part I: Exploring the Situation Preparing yourself, co-mediators Setting up Opening Opening: Welcome & warm-up Opening: Logistics Opening: Orientation Opening: Participants’ role, willingness Listening to Each Perspective The Exchange The Exchange: Facilitating The Exchange: Tasks & flow Clarify information Check out interpretations Listen for their concerns Example + impact Restate their interests Note other relevant interests Encourage empathy and reconciliation Transition to Reaching Resolution Separate Conversations Uses for Separate Conversations Breaking for Separate Conversations Separate Conversations: Template The Mediation Session Part II: Reaching Resolution Reaching Resolution Reaching Resolution: Sequence Topic List Topic List: Why it is crucial Topic List: Drafting Topic List: Wording Midpoint check-in Options Options: Together come up with ideas Options: Gut, interests, workability Options: Reality testing Decisions Decisions: Gut, interests, workability Decisions: Emotions, hesitations Writing the Agreement Writing the Agreement: Specifics Writing the Agreement: Positive framing Closing Afterwards: Wrapping up Multiple sessions THE TOOLBOX Understanding Conflict Disputes & conflicts Metaphors for understanding conflict The conflict core Common effects of conflict The pleasures of conflict When things heat up The way out is through The Conflict Triangle People, Process, Problem Which mode are you in? Supporting the People Supporting the people: Main skills Setting the tone Level of formality, taking notes Confidentiality in practice Giving your full attention Elements of full attention Acknowledging Handling judgmental remarks Protecting From adversarial mode to cooperative mode Avoid this Kettle of Fish Attending to comfort & accessibility Language and hearing difficulties Working with people in all their variety Finding commonalities Scenarios: Emotionally difficult situations 111 Facilitating the Process Facilitating the process Impartial facilitation Structuring the session Structuring the discussion When you can be directive When to consult Keeping on track Crafting questions Crafting questions: Word with care Crafting questions: Spin it positive Crafting questions: Follow up for clarification Kinds of rewording Reflecting back Summarizing Summarizing: Its many uses Working visually When to intervene When to intervene: Stopping the momentum When to intervene: Slowing the process down Is it time to quit? Ending a mediation Scenarios: Facilitation challenges Solving the Problem Participants’ starting point: Power & rights Changing the “positions” mindset Interests Layers of interests Why interests matter Finding space for solutions Reframing Checking out (mis)interpretations Lies, perceptions, deceptions Plain description of facts and needs Flip it! ? Outcome-focused interests Tactful wording of interests and topics Summary of interests Topic List examples Eliciting ideas: Brainstorming Eliciting ideas: Opening up possibilities Can mediators suggest options? Visual aids for making decisions Types of resolution “Typical” or “good enough” resolutions What-ifs Fallbacks: Contingencies, uncertainties Step-down agreements: Smaller scope When there’s no agreement Final review: Workability Final review: Future Sample agreements Scenarios: problem-solving challenges 173 Going Further Going further Adapting the process Mediating with children & teens Mediating across generations Mediating family conflicts Mediating employee conflicts Participant evaluation Mediator evaluation of a mediation Evaluating yourself The Handbook “soup pot” Authors & contributors Organizational support Index
