All About Mediation Training

Title: Emerging Systems for Managing Workplace Conflict
by David B. Lipsky, Ronald L. Seeber, Richard Fincher
Publisher: Jossey-Bass; ISBN: 0787964344

From the Publisher

Emerging Systems for Managing Workplace Conflict presents illustrative real-life examples as well as cutting-edge methods and tools for integrating systems of dispute resolution into standard corporate procedures.

This vital resource investigates the systems that organizations have developed to manage common and costly workplace conflicts involving supervisor-employee relationships; race, age, and gender discrimination complaints; sexual harassment; occupational safety and health; reasonable accommodation of the disabled; and wrongful termination, as well as other problems stemming from governmental regulations and court actions.

Contents

Part 1: The Evolution of Conflict Management Systems
Introduction: The emergence of conflict management
Forces of change: The transformation of the social contract in the workplace
The rise of Alternative Dispute Resolution
New strategies of conflict management: The emergence of a new paradigm

Part 2: The Establishment of Conflict Management Systems
Design of conflict management systems: Internal features
Design of conflict management systems: External features
Implementation of conflict management systems
Evaluation of conflict management systems

Part 3: The Future of Conflict Management Systems
Barriers to the growth of conflict management systems
The future of workplace dispute resolution

Title: The ADR Practice Guide Commercial Dispute Resolution
by Karl, Dr. Mackie, David Miles, William Marsh, Tony Allen
Publisher: Tottel Publishing; ISBN: 1845923146

From the Publisher

Written by a team of experienced lawyers and mediators, this third edition of The ADR Practice Guide – Commercial Dispute Resolution is an essential updated guide to civil and commercial dispute resolution. It provides a clear and detailed overview of ADR and helps the reader to realize the business opportunities that it can offer.

Split into three sections, this practical guide looks at the conceptual, the legal, and the practical framework of all aspects of ADR and in particular mediation, providing:

• Better understanding of how to choose between different processes for dispute resolution
• Advice on the key issues that may be encountered when advising a client about the ADR option, and about mediation in particular
• A much expanded and updated overview of the key arguments about the legal status and implications of ADR, with a new and full discussion of the now substantial relevant caselaw
• A detailed explanation of how to set up, prepare for and perform well at a mediation, whether as mediator, lawyer or party

Contents

Part 1: The Conceptual Framework of ADR
ADR in civil and commercial disputes
From negotiation to ADR
An overview of the dispute resolution landscape

Part 2: The Legal Framework of ADR
ADR and the Civil Procedure Rules 1998
The courts and ADR Orders
The courts and costs sanctions for refusing ADR
The legal foundations of mediation
Litigation costs and funding in relation to mediations
Contracting in advance to use ADR
ADR and European Law

Part 3: The Practical Framework of Mediation
Advising on mediation – strategies and duties
Setting up a mediation
What happens at a typical mediation
Settlement at mediation and beyond
The roles of mediator, lawyer and party

Title: Designing Conflict Management Systems: A Guide to Creating Productive and Healthy Organizations
by Cathy A. Costantino and Christina Sickles Merchant
Publisher: Jossey-Bass; ISBN: 0787901628

From the Publisher

As organizations restructure and social stresses escalate, conflict in the workplace is on the rise. Whether in response to organizational goals such as resolving disputes with customers and clients, systemic problems in hiring and promotion practices, or interpersonal issues between managers, employees, and co-workers, businesses and government agencies are finding it increasingly more productive – and more cost-effective – to be proactive in designing systems to manage conflict.

Professionals in organizations development (OD), human resources (HR), and alternative dispute resolution (ADR) are responding to this important challenge by leading the way in designing integrated conflict management systems to help effectively manage conflict both internally and with external stakeholders.

Designing Conflict Management Systems presents a practical, step-by-step approach that uniquely integrates OD, ADR, and dispute systems design principles into a working model to help OD, HR, and ADR professionals and management consultants assess conflict and evaluate processes within an organization – to either improve them or implement new ones.

The authors use three composite case studies form the health care, government, and manufacturing sectors, along with numerous charts, checklists, and tables to shoe how to get the programs launched, deal with organizational resistance and constraints, learn the do’s and don’ts of conflict management training, make sure the design fits the larger organizational culture, motivate people to actually use the system, and evaluate if the system is really working.

Contents

Part 1: Coping with Conflict in Organizations
How organizations and individuals respond to conflict
Recognizing conflict management as a system
Managing conflict effectively: Alternative dispute resolution and dispute systems design
Involving the stakeholders: Interest-based conflict management systems

Part 2: Designing and Improving Conflict Management Systems
Entry and contracting: Starting the systems design effort
Organizational assessment: Looking at the big picture
Design architecture: Constructing conflict management models
Training and education: Building the knowledge and skill base
Implementation: Introducing the new system
Evaluation: Measuring program effectiveness

Part 3: Making the System Work
Incentives and rewards: Creating support for the system
Resistance and constraints: Having tea with your demons
Changing the culture: Accepting conflict and encouraging choice

Title: Alternative Dispute Resolution for Organizations: How to Design a System for Effective Conflict Resolution
by Allan J. Stitt
Publisher: Wiley; ISBN: 0471642959

From the Publisher

Alternative Dispute Resolution (ADR) is a rapidly growing field, due to its popularity as an alternative to long and expensive lawsuits. Resolving disputes of any kind outside the judicial system – through negotiation, mediation, arbitration, and other ADR processes – can save money and time as well as working relationships.

This book is for anyone in an organization who is involved in disputes, or who has to deal with or resolve disputes. ADR for Organizations explains clearly how ADR can work in organizations of all kinds – corporations, non-profits, governments, and associations – and offers a proven process for setting up an effective dispute resolution system in an organization.

ADR for Organizations: How to Design a System for Effective Conflict Resolution will help organizations of all kinds to deal with conflict in an efficient and effective way.

• Includes comprehensive coverage of: how to determine if ADR is right for your organization’s disputes; goals for an ADR system; how to run a pilot project; training and evaluation; and much more
• Written in easy-to-understand, non-legal language
• Covers all kinds of disputes: within an organization, employer/employee conflict, between organizations
• Is for anyone who has to resolve disputes in an organization: human resource professionals, senior managers, boards of directors, as well as ADR consultants and lawyers
• Offers practical tips, case studies, examples, and checklists

Contents

Chapter 1: Introduction to ADR
Chapter 2: Diagnosis
Chapter 3: Diagnosis of the Organization
Chapter 4: Diagnosis of the Disputes
Chapter 5: Dispute Resolution Requirements
Chapter 6: Interests
Chapter 7: Interest-Based Negotiation
Chapter 8: Interest-Based Mediation
Chapter 9: Rights
Chapter 10: Exits and Re-entries
Chapter 11: Creativity
Chapter 12: Training and Evaluation
Chapter 13: ADR in External Disputes
Chapter 14: Concluding Thoughts

Title: A History of Alternative Dispute Resolution: The Story of a Political, Social, and Cultural Movement
by Jerome T. Barrett and Joseph Barrett
Publisher: Jossey-Bass; ISBN: 0787967963

From the Publisher

Although the use of alternative dispute resolution (ADR) has increased dramatically in the past forty years, various forms of conflict resolution have been used successfully for centuries by people around the globe – from ancient Greeks to the Kalahari Bushmen.

A History of Alternative Dispute Resolution offers a comprehensive review of the various types of peaceful practices for resolving conflicts. Written by Jerome Barrett – a longtime historian in the field of ADR – and his son Joseph Barrett of the Wall Street Journal, this volume traces the evolution of the ADR process and offers an overview of the precursors to ADR, including negotiation, arbitration, and mediation. The authors explore the colorful beginnings of ADR using illustrative examples from prehistoric Shaman through European Law Merchant. In addition, the book offers the historical context for the use of ADR in the arenas of diplomacy and business.

While exploring dispute resolution in other cultures, the book also offers an insightful examination of ADR in the United States. The authors discuss ADR in the context of America’s Civil War and clearly illustrate both the limits and the promise of ADR. The book discusses the early struggles among the railroad workers and coal miners that first opened the possibility of ADR use and the passage of the Railroad Labor Act and the National Labor Relations Act, which guaranteed the rights of workers and provided for conflict resolution processes.

It also explores the expansion of ADR to other disputes, including the civil rights movement and the cultural revolution of the 1960s, and on to the flowering of ADR in the past two decades in our communities, businesses, schools, and government agencies.

Contents

Chapter 1: The Roots of ADR: The Deciding Stone to the European Law Merchant
Chapter 2: Diplomatic ADR: Akhenaton to Woodrow Wilson
Chapter 3: ADR Comes to America: The Precolonial Period to the Ten-Hour Day
Chapter 4: The Civil War: The Limits and the Promise of ADR
Chapter 5: Commercial and Business ADR: The Phoenicians to the American Arbitration Association
Chapter 6: Employee and Union Struggles: Reconstruction to the Coal Wars
Chapter 7: Trains and a World War: Pulling ADR into the Twentieth Century
Chapter 8: Labor-Management ADR, 1920-1945: Bust and Boom
Chapter 9: After the War: Taft-Hartley to the Steel Trilogy
Chapter 10: Branching Out: ADR in the 1960s
Chapter 11: New Rights and New Forms: ADR in the 1970s
Chapter 12: Outside the Federal Realm: New Groups Pick Up the ADR Torch
Chapter 13: Crisis and Rebirth: Labor-Management ADR in the 1980s
Chapter 14: The Era of Win-Win: Nonlabor ADR Becomes a Force of Its Own
Chapter 15: The Great Expansion: ADR in the 1990s
Chapter 16: ADR and the Twenty-First Century – Threats and Hopes