When negotiation fails, mediation avails other moves for an amicable resolution. Whether you are a current or future mediator or a party to a conflict, this is your essential companion to the theory, concepts, and best practices of mediation.
In a world ridden by social divisions, responsible resolution of conflicts is more timely than ever. What happens when parties are unable to negotiate an agreement together? The next move is to invite a third party to reset the negotiations, facilitate the exchanges, rebuild a working relationship and empower the parties to explore the past, surface their present needs, invent, evaluate and choose the best solutions for the future.
Mediation: Negotiation by Other Moves brings decades of critical analysis and experience that the authors tested worldwide in international organizations, governments, NGOs, universities and corporations. You will understand mediation better, and its significance in your personal and professional life. You will be able to develop a flexible mindset and a broad outlook to achieve sustainable outcomes. This book will cover:
- Models and principles from various domains of mediation: family, business & labor, public affairs, international relations
- A mediation framework to prepare for mediation and to run its process smoothly
- A step-by-step approach to a mediation session, from the opening until a possible settlement, via the various phases of problem solving
- Mediation traps and how to avoid them - for mediators and parties alike
- Ethics of mediation and questions of responsibility
Mediation: Negotiation by Other Moves is essential reading for anyone who wishes to develop a pragmatic approach to mediation.
Table of Contents
Acknowledgments xi
Introduction xiii
1 The Perimeter: Explore Existing Mediation Practices Before Seeking Methods 1
2 The Pertinence: Weigh the Pros and Cons of Mediation Before Engaging in It 27
3 The Principles: Set Up Operating Principles Before Acting 59
4 The Preparation: Structure Pre-Mediation Before Starting a Session 91
5 The PORTAL: Set the Stage Before Problem-Solving 131
6 The Past Toward the Present: Grasp the Problems Before Seeking Mutual Recognition 165
7 The Present Toward the Future: Generate Possible Solutions Before Potentially Committing 203
8 The Pitfalls: Question Practices Before Acting 241
Conclusion: An Ethical Perspective and Questioning 287
Bibliography 303
About the Authors 313
Detailed Table of Contents 317
Index 323