Techniques Of Mediation

Mediation is used to resolve disputes in business, employment, education, domestic relationships, religious organizations, government, international relations, and, of course, litigation. Mediation: Skills and Techniques offers a comprehensive course of study of the mediation process, from convening the mediation to formalizing the settlement agreement. The book provides practical examples and case studies to illustrate the skills and techniques necessary to become a proficient mediator. Importantly, the book adopts an interdisciplinary approach to mediation that incorporates scientific principles from law, psychology, conflict management, and sociology. It also surveys careers in mediation and explains how to market a mediation business. Whether you are a student, mediator, lawyer, psychologist, businessperson, clergy member, or social worker, this book answers the call for a broad and systematic education in mediation with an emphasis on practical, science-based mediation skills and techniques. This second edition includes new chapters on balancing power among parties in mediation, evaluative mediation, and virtual mediation.

Click here to see the Book Review by The Law Society of Tasmania. This book is designed to deal with the practical operation of the mediation process, with particular reference to the skills and techniques which can be used by mediators to assist the parties' decision-making process. Written for both beginner and experienced mediators and others involved in the practice of dispute resolution, it deals systematically yet eclectically with all aspects of the mediation process, covering a wide range of planning, precautionary and trouble-shooting methods required in practice. It emphasises three particular features of the mediator's role: · Understanding, diagnosing and defining the conflict · The importance of creating the best possible climate for parties to resolve disputes · Being a facilitator of the parties' negotiations Features · All mediator skills and techniques are related to the National Mediator Accreditation Standards · Simple, plain English format focussing heavily on the practical knowledge and skills used in legal practice · Practical illustrations and case studies are provided to illustrate important points · A range of documents and precedents is provided in the appendicesrly learning, but it will serve as an excellent ongoing reference in students' law studies. About the Author Professor Laurence Boulle AM is Director of the Mandela Institute for Global Economic Law and Issy Wolfson Professor at the University of the Witwatersrand, Johannesburg. He is also Professor of Law at Bond University, Queensland, a former chair of NADRAC and a part-time member of the National Native Title Tribunal. Professor Nadja Alexander is Director of the Institute for Conflict Engagement and Resolution and Professor of Conflict Resolution at Hong Kong Shue Yan University. She is also Adjunct Professor at Bond University (Qld) and Murdoch University (WA), and Honorary Research Fellow at the University of the Witwatersrand, South Africa. Professor Alexander is a member of NADRAC and the International Mediation Institute. She is an accredited mediator in Australia and Hong Kong.

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.

Explores even the fundamental assumptions underlying mediation analysis

"Focusing on family law practitioners, [this book] is a particularly appropriate resource given the unique promise that unbundling holds for family law litigants. In many jurisdictions, self-representation rates are highest in family cases. But, as any family law attorney (or family court litigant) knows, these are the case types that arguably benefit most from attorney involvement. Family issues are among the most sensitive and pressing matters that enter our civil justice system, and the outcomes of these cases can affect entire families for years to come. This important new book provides a crucial step forward in matching individuals with the family law services they need." -- Publisher's website.

What can a mediator do when negotiations stall? How can a mediator help participants reach the finish line? How should a mediator best respond when the parties confess that they are too far apart to settle? Is there anything a mediator can do to help the high-conflict litigant achieve resolution of his emotional case?

An original study of the language of mediation, which uses excerpts from real mediation sessions to illustrate how mediation works and how mediators can best help disputants make claims, present evidence and propose solutions. It will interest researchers and students of sociolinguistics, conversation analysis, and the sociology of law.

Provides mediators and other professionals who use mediationsuch as lawyers, therapists, and personnel managerswith comprehensive, step-by-step instruction in effective dispute resolution strategies.