All About Mediation Training

Title: Mediating Legal Disputes
by Dwight Golann
Publisher: Aspen Law & Business; ISBN: 0316319899

From the Publisher

Unlike other mediation publications which tend to focus on emotional issues and win/win solutions, Golann looks frankly at the adversarial legal process. The author discusses not only the very real psychological dimensions of disputing, but it also grapples with tough techniques like decision analysis and evaluation to deal with real disputes over who will win in court. You will find that Golann’s approach is a must for mediating any legal dispute.

Dwight Golann and eight expert contributors show how you can benefit from unique and powerful mediation methods that:

• Minimize the impact of “spin” tactics, private agendas, and hard-line bargaining strategies
• Calculate the cost of litigation alternatives as part of the mediation strategy
• Overcome hidden obstacles to settlement, such as emotional/psychological “sticking points”
• Apply sophisticated techniques (such as on-the-spot laptop computer programs) to analyze risk and break negotiating impasses
• Meet the challenges posed by specialized disputes such as employment and environmental cases

You’ll also learn mediation techniques for reducing friction, counteracting “bad blood,” and guiding your case to satisfactory solutions.

Title: Therapeutic Family Mediation: Helping Families Resolve Conflict
by Dr. Howard H. Irving and Dr. Michael Benjamin
Publisher: Sage Publications; ISBN: 0761923136

From the Publisher

Therapeutic Family Mediation is a practice-based text grounded in a therapeutic family mediation (TFM) model created by the authors. This is the first comprehensive treatment of the model, complete with clinical examples and practice strategies.

The authors include a detailed review of the model’s five stages, accompanied by a discussion of theoretical underpinnings, practice techniques, the mediation of parenting and financial plans, the importance of cultural diversity, and research trends based on a thorough review of the literature. Contemporary issues associated with family mediation in the 21st century are employed to illustrate the model in action with a full-length case presentation.

Key Features:

• Guides the reader through the authors’ five-step model: Intake/Assessment, Premediation, Negotiation, Termination, and Follow-up
• Outlines the use of parenting plans and financial plans
• Explores patterns of conflict and monetary issues
• Explains the process of drafting contracts
• Provides the tools necessary for assisting high-conflict couples and culturally diverse couples

Designed as a practical hands-on manual or text for students and professors of social work, Therapeutic Family Mediation will also prove highly useful to mental health practitioners, legal professionals and mediators, couples going through divorce, and community workers specializing in family services.

Title: Guide to Negotiation and Mediation
by Gary Goodpaster
Publisher: Hotei Publishing; ISBN: 1571052089

From the Publisher

In addition to helping readers to understand conflicts and bargaining dynamics, this book shows how to negotiate in virtually any context, fully explaining the techniques, uses, and limits of mediation and other forms of negotiated dispute resolution. A detailed negotiation planning workform and graphic outline of the mediation process are among the numerous practical tools included.

This guide is written in a progressive, building-block fashion, moving from simple to more complex ideas. The first section covers basic negotiating strategies, concepts, and tactics; the next discusses cognitive and psychological aspects of negotiation. The book goes on to explore elements that may complicate negotiations — in particular coalition-formation and bargaining for constituencies — and concludes with a chapter on negotiation preparation and planning.

Also included are a section on dispute resolution in special contexts affecting bargaining dynamics, and chapters dealing with negotiation in the context of litigation, basic mediation, and other negotiated dispute resolution processes.

Title: Mediation Advocacy
by John W. Cooley
Publisher: National Institute for Trial Advocacy; 2nd edition (June 1, 2002); ISBN: 1556817800

From the Publisher

Written by a lawyer for lawyers, Mediation Advocacy was critically acclaimed in 1996 for its in-depth examination of the mediation process.

In Mediation Advocacy, Second Edition, Cooley leads you step by step through the stages of mediation, and includes a comprehensive chapter on cybermediation, as well as new sections on various mediation design processes and techniques.

Contents

Chapter 1: General Description of Mediation in the ADR Context
Chapter 2: Preliminary Premediation Considerations
Chapter 3: Preparing the Case for Mediation
Chapter 4: Preparing the Client for Mediation
Chapter 5: Effective Advocacy in the Mediation Session
Chapter 6: Postmediation Advocacy
Chapter 7: Description of the Hybrid Processes
Chapter 8: Effective Advocacy in Cybermediation

Title: Practicing Narrative Mediation: Loosening the Grip of Conflict
by John Winslade and Gerald D. Monk
Publisher: Jossey-Bass; ISBN: 078799474X

Contents

Chapter 1: How to Work with Conflict Stories: Nine Hallmarks of Narrative Mediation
Chapter 2: Negotiating Discursive Positions
Chapter 3: Tracing Discursive Positioning Through a Conversation
Chapter 4: Working with Cultural Narratives in Mediation
Chapter 5: Divorce Mediation and Collaborative Practice with Chip Rose
Chapter 6: Outsider-Witness Practices in Organizational Disputes with Allan Homgren
Chapter 7: Employment Mediation with Alison Cotter
Chapter 8: Restorative Conferencing in Schools
Chapter 9: Conflict Resolution in Health Care

Title: Improvisational Negotiation: A Mediator’s Stories of Conflict About Love, Money, Angerand the Strategies That Resolved Them
by Jeffrey Krivis
Publisher: Jossey-Bass; ISBN: 0787980382

From the Publisher

Everyone agrees that a good story can make a point simply, effectively, and memorably. In this groundbreaking book, pioneer attorney and mediator Jeffrey Krivis shows how fascinating and inspirational stories can illuminate the process of conflict resolution and teach us how to help people reach a successful settlement.

Improvisational Negotiation presents an original approach for mediators, negotiators, and other dispute resolution professionals. Drawing on his experience plus those of his colleagues, Jeffery Krivis offers the reader dramatic, well-crafted, and highly instructive stories about people in conflict – families, organizations, corporations – and shows how mediated negotiations help them to reach a successful resolution.

Unlike most books on the topic, Improvisational Negotiation does not focus on theory, philosophy, or formulaic procedures. The book highlights entertaining true stories that illuminate the skills and tools a good mediator uses to direct a successful negotiation and then asks the questions, What happened? And What strategies can we learn?

Krivis includes stories about personal and business disputes, as well as conflicts about money and strategy. Each story includes a brief discussion of what went right (and sometimes wrong) in the scenario and contains information on the specific techniques highlighted in the case.

Improvisational Negotiation also includes a special section on advanced mediation techniques such as how to get a stalled negotiation back in motions, recognize the key turning points in a case, and utilize dramatic opportunities for a breakthrough.

Contents

Part 1: Human v. Human – Healing Relationships
Independence Day
Paintball Pranks
Step-by-Step
A Sweet Deal
Reading Minds
Rock Star
Gratitude Is the Attitude
Memories
Working at the Car Wash
Transforming the Journey of Revenge
A “Hats-On” Approach

Part 2: “Show Me the Money (or Something of Equal Value)!”: Creative Solutions
Liar, Liar!
The Handicap
Legally Blind
The Slow Drip
Death Takes a Holiday
If the Shoe Fits
The Staggered Approach
Time-Share
The Silent Mover
A Small Deception
The Laddered Approach
The Confidential Listener
Dropping the Bombshell
Worth the Wait
Creating Value

Part 3: Getting to the Bottom Line
Too Many Cooks
Bottom-line Negotiating
The “Fishy Calculator” Method
The Crossover

Part 4: The Mediator’s Hip-Pocket Guide to Strategy

Title: When Push Comes to Shove: A Practical Guide to Mediating Disputes
by Karl A. Slaikeu
Publisher: Jossey-Bass; ISBN: 078790161X

From the Publisher

In a world where disputes increasingly erupt into lawsuits and violence – at home, in the workplace, in schools, and between nations – conflict resolution skills are critical to both trained mediators and other professionals. Whether conflicts involve business, co-workers, families, or neighbors, people are increasingly turning to alternative dispute resolution, and especially mediation, as a cost-efficient and humane way of resolving a wide variety of issues. When Push Comes to Shove offers a clear, how-to guide for lawyers, clergy, social workers, and anyone who wants to learn how to resolve interpersonal and intergroup disputes in all areas of life.

This concise, practical resource for both and seasoned mediators serves as a student text and teacher guide in one volume. When Push Comes to Shove covers the basic interpersonal and communication skills needed to mediate conflict, presenting a five-step mediation process that can be used in a variety of situations. It coaches the reader through each phase, from initial contact and opening meeting to caucuses, joint/shuttle meetings and closing. The book includes a range of examples – including commercial, family, corporate, and employment dispute resolution – that can be applied to any mediator’s area of special interest. It also addresses mediation “on the fly” when a more structured process is not possible or called for.

Slaikeu provides a selection of hands-on tools to assist in analyzing problems and creating solutions. He includes a Conflict Grid for capturing the interests, relevant facts, and other key dimensions for multiple parties; worksheets for summarizing information at critical points in the mediation process; and exercises at the end of each chapter to assist teachers and trainers in developing classroom activities.

Contents

Part 1: A Brief Introduction to Mediation
Starting Out: The Key Concepts of Mediation
Using the Conflict Grid to Analyze Disputes and Generate Solutions
Preparing to Be a Mediator

Part 2: Step One – First Contact
Orienting the Parties
Arranging the Meeting Space

Part 3: The Opening Meeting
Conducting the First Meeting

Part 4: The Caucus Process
Conducting Separate Meetings
Learning by Example: Two Caucus Stories
Generating Solutions and Drafting a Trial Agreement

Part 5: Joint/Shuttle Meetings
Planning the Next Round
Using the SOS Model (Summaries – Offers – Summaries)
Resolving Impasses

Part 6: Closing
Testing the Agreement
Putting the Agreement in Writing
Wrapping Up the Process

Part 7: Variations
When Interpersonal Peacemaking is Needed
When Face-to-Face Meetings Won’t Work
When Informal Mediation Can Help

Title: Mediating Child Custody Disputes: A Strategic Approach
by Donald T. Saposnek
Publisher: Jossey-Bass; ISBN: 0787940518

From the Publisher

A thoroughly updated version of the seminal work in custody disputes.

Contents

Part 1: Perspectives on Child Custody Mediation
Mediation as a cooperative problem-solving approach
The needs of children through divorce
Attitudes and skills needed for effective mediation
The strategic approach: Aikido as a model for mediation

Part 2: Structuring the Mediation Process
Beginning mediation: setting the context for negotiations
Phases of mediation: from gathering information to reaching agreements
Drafting the mediation agreement

Part 3: Strategies Used by Children, Parents, and Mediators
How children contribute to custody disputes
Parents’ motives and methods in custody disputes
Strategies for eliciting cooperation between parents
Skills and techniques for managing conflict

Part 4: Two Case Studies
A less complex case
A more complex case

Part 5: Challenges and Professional Issues
Special circumstances affecting mediation
Ethics, values, and morals in mediation
Making mediation work: recommendations for mediators, attorneys, and judges

Title: The Handbook of Victim Offender Mediation: An Essential Guide to Practice and Research
by Mark S. Umbreit
Publisher: Jossey-Bass; ISBN: 0787954918

From the Publisher

When it was first introduced, the restorative justice movement was met with widespread resistance and skepticism. Now, more than twenty-five years later, the movement has flourished and continues to make great strides in reforming the traditional justice system. Today, the restorative justice movement is endorsed by many former skeptics. There are 1,300 victim offender mediation programs thriving throughout North America and Europe, and this form of mediation is now endorsed by the American Bar Association.

The Handbook of Victim Offender Mediation is the first resource to provide a conceptual and research-based framework and a practical process for mediating a wide variety of criminal conflicts between victims of crime and their offenders. Written by Mark Umbreit, an international pioneer in this field, this comprehensive handbook is based on the empirically grounded principles of restorative justice through victim offender mediation.

Step-by-step, it clearly defines how the process works, shows how to identify appropriate victim and offender participants, and reveals what it takes to prepare both sides for the upcoming meeting, which is facilitated through a humanistic, dialogue-driven form of mediation.

The Handbook of Victim Offender Mediation also shows how to establish a safe place for dialogue and outlines the most efficient methods for conducting an effective, sensitive, and often emotion-laden victim offender mediation. In addition, the author provides practical information for developing ongoing programs and instructions for training mediators, establishing case referral criteria, executing case management procedures, and developing strategies for obtaining referrals from courts and probation officers.

This indispensable resource also contains reports on the first large national survey of victim offender mediation programs and multisite studies conducted by the author in Canada, England, and the United States. It provides a wealth of information that can be helpful for initiating a victim mediation program or strengthening an existing program.

While tempered with a cautionary mot to the potential hazards that could threaten the restorative justice practice, The Handbook of Victim Offender Mediation offers a clear vision of the boundless promise that restorative justice holds for our nation and the global community.

Contents

Part 1: Philosophy, Practice and Context
Humanistic Mediation: A Transformative Journey of Peacemaking
Guidelines for Victim-Sensitive Mediation and Dialogue with Offenders with Jean Greenwood
The Mediation Process: Phases and Tasks with Jean Greenwood
Multicultural Implications of Victim Offender Mediation with Robert B. Coates
Case Studies with Terri Grob
National Survey of Victim Offender Mediation Programs with Jean Greenwood
Program Development Issues

Part 2: What We Are Learning from Research
The Impact of Victim Offender Mediation: Two Decades of Research with Robert B. Coates
Cross-National Assessment of Victim Offender Mediation with Robert B. Coates and Ann Warner Roberts
Victim Offender Mediation in the United States: A Multisite Assessment with Robert B. Coates
Victim Offender Mediation in Canada: A Multisite Assessment
Victim Offender Mediation In England: A Multisite Assessment with Ann Warner Roberts

Part 3: Emerging Issues
Advanced Mediation and Dialogue in Crimes of Severe Violence with William Bradshaw and Robert B. Coates
Potential Hazards and Opportunities

Title: Mediation in Family Disputes
by Marian Roberts
Publisher: Ashgate; 3rd edition; ISBN: 0754646246

From the Publisher

This is the authoritative textbook on family mediation. As well as mediators, this work will be indispensable for practitioners and scholars across a wide range of fields, including social work and law. It draws on a wide cross-disciplinary theoretical literature and on the author’s extensive and continuting practice experience.

Roberts presents mediation as an aid to decision-making in the context of a range of family disputes, notably those involving children. Mediation is seen as a process of intervention distinct from legal, social work and therapeutic practice, drawing on a distinctive body of knowledge across disciplinary fields including anthropology, psychology and negotiation theory.

Drawing on empirical evidence, the book emphasizes the value of mediation in mitigating the harmful effects of family breakdown and conflict.

Contents

Chapter 1: What is family mediation?
Chapter 2: The emergence of family mediation
Chapter 3: The legal context
Chapter 4: Conflicts and disputes
Chapter 5: Negotiation and mediation
Chapter 6: The mediator
Chapter 7: The session and the strategies
Chapter 8: When to mediate
Chapter 9: Confidentiality
Chapter 10: Children and the mediation process
Chapter 11: Fairness