The Mediator's Handbook
eBook - ePub

The Mediator's Handbook

Revised & Expanded fourth edition

  1. 208 pages
  2. English
  3. ePUB (mobile friendly)
  4. Available on iOS & Android
eBook - ePub

The Mediator's Handbook

Revised & Expanded fourth edition

About this book

Resolve workplace and community conflicts with proven mediation frameworks that achieve 85% success rates. Professional mediators reveal step-by-step processes used in thousands of successful mediations, from family disputes to corporate negotiations, with complete guidance for both new and experienced practitioners.

Why Professional Mediation Skills Are Essential:

Litigation costs average $50,000-200,000 per workplace dispute. Mediation resolves 85% of conflicts at under $5,000 while preserving relationships and preventing recurring issues.

What You'll Master:

  • Five-phase mediation process - systematic approach that works across all conflict types
  • Advanced communication techniques - defuse emotion and focus on underlying interests
  • Multi-party dispute strategies - manage complex organizational and family conflicts
  • Cultural competency methods - navigate diverse community mediation successfully
  • Professional development pathways - certification requirements and career advancement

Real-World Applications:

Used by Fortune 500 companies, family courts, and community organizations worldwide. Practitioners report 90%+ client satisfaction and 65% reduction in recurring conflicts.

Master the skills that turn adversaries into allies. Essential for HR professionals, managers, community leaders, and anyone who deals with conflict.

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Yes, you can access The Mediator's Handbook by Jennifer E. Beer,Caroline C. Packard,Eileen Stief in PDF and/or ePUB format, as well as other popular books in Law & Decision Making. We have over one million books available in our catalogue for you to explore.

Information

Edition
4
Topic
Law
Index
Law

5 THE TOOL BOX

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?

Disputes & conflicts

ā€œWhy are they behaving like this? ā€œWhat do they really want?ā€ This chapter offers a few perspectives on conflict to help mediators assess what’s going on and facilitate effectively. Some participants may also find these concepts helpful in understanding their conflict differently.

Disputes: The flashpoint of conflict

The surface of life is full of annoyances, limited resources, dislikes, clashing needs, surging hormones, cultural divides, put-downs, opposing opinions, and irreconcilable interpretations. These are organic, an inevitable part of everyday human experience, not an aberration or an interruption.
Most of the time we negotiate our incompatible needs and perspectives as best we can, and keep going. ā€œDisputesā€ are open disagreements about specific incidents and issues that have proved difficult to resolve or let go. They may arise from a one-time event, such as an accident. More often they are a visible flashpoint in an ongoing state of tension and distress we define as ā€œconflict.ā€
Disputes can potentially be reconfigured or resolved through decisions made by the parties or for them. Resolving underlying conflicts is more challenging: business partners can decide to share profits 50-50, but can’t just decide to feel trusting toward each other.
Interpersonal disputes often expand into conflicts when:
•There’s significant emotional investment because they believe something important is at stake.
•Commitment to the relationship is not strong enough to hang in there and try to communicate and problem-solve. Or there’s no relationship to begin with (conflicts between strangers).
•People lack conflict-resolution skills (not IF they argue, but HOW).
•People lack the resources to create solutions that work.
•They need the other party’s cooperation.
Conflicts aren’t broken parts that can be fixed up as good as new, like replacing the transmission of a car. Parties may believe that if the other side just did X, all would be well, but this is usually wishful thinking. There are people, relationships, networks, and systems involved. Major conflicts—and their resolution—tend to leave marks. They change how people see themselves and feel about each other. They alter the trajectory of our lives.

Metaphors for understanding conflict

Weather

Being in a conflict can be confusing—who is involved, what are their motives, who knows about this, what are the rules, what is this thing about anyway? In this way, conflict is like the weather, with its cycles of hot and cold, storms and sun, rain and ice, its unpredictable waves and winds. It forces you to pay attention. To disputing parties, interactions with the other party can feel similarly capricious and out of control. Episodes come and go, lightning bolts flash, the sun comes out for a while, and their emotions ride up and down.
Mediation will not leave them in a permanently sunny universe. Ultimately neither party is going to do exactly what the other wants, or be who they want them to be. Ideally, the parties leave mediation with the protection of a workable plan, and a willingness to communicate enough that they can live with the ebb and flow of the irrec...

Table of contents

  1. Cover
  2. Title Page
  3. Copyright
  4. Table of Contents
  5. Preface
  6. Overview
  7. THE PROCESS
  8. THE TOOLBOX
  9. Index