The Mediator's Handbook

"Can you really make the classic book in its field even better? In this book, authors Jennifer Beer and Caroline Packard prove that, when it comes to mediation, the answer is a resounding Yes! This new edition of "The Mediator s Handbook "provides new tools, new scripts, and new frameworks that will assist experienced practitioners and novices alike. Based on up-to-date research foundations from anthropology, psychology, and behavioral neuroscience, the authors take us by the hand and lead us step-by-step through the mediation process, suggesting concrete strategies to help people in conflict work through difficult emotions to actionable ideas for resolving their disputes. Bravo!" G. Richard Shell, Thomas Gerrity Professor of Legal Studies and Business Ethics at the Wharton School of Business and author of "Bargaining for Advantage: Negotiation Strategies for Reasonable People" "The fourth edition of "The Mediator s Handbook "continues to improve upon everything that made the original edition a success: user-friendly explanations for every step of the mediation process, starting with what mediation is, to dealing with the most difficult situations that can arise in the course of a dispute. While the Handbook presents itself as being for mediators, those who should have a copy of the Handbook on their shelf include lawyers representing clients in litigation, human resources executives, managers of complex international infrastructure projects, or school counselors dealing with difficult teenagers. In short, "The Mediator s Handbook "is a comprehensive and practical guide for anyone who regularly deals with conflict." Michael McIlwrath, co-author of "International Arbitration and Mediation: A Practical Guide, " and host of the podcast International Dispute Negotiation "Plenty of mediation books will give you the kind of language ordinary mediators use the same language we are used to hearing from other helping professions, such as lawyers, and therapists. What these authors let us in on is the secret language of outstanding mediators. They generously share hundreds of examples of carefully chosen phrases mediators can use at every step that make the difference between knowing what needs to happen next in mediation, and being able to make it happen." Hideaki Irei, Associate Professor, Faculty of Law, Kyushu University "The upgrades done to the 4th edition make it a VERY usable manual and I will most definitely recommend it to anyone looking for this kind of manual. When I run my course next year this will be THE manual I have students buy." -- Jonathon Rudy, Elizabethtown College, Global Peacemaking Scholar-in-Residence The Mediator s Handbook "is the basic primer for anyone who is seriously interested in resolving conflicts constructively. I have used it in my classroom for the last twenty years. This new edition gives us even more insights and practical suggestions for how to deal with the complexity of disputes in many different kinds of situations. Beer, Packard and Stief are masters in the mediation field and have much to offer us. An essential addition to the current scholarship and practice." Susan Sgorbati, Jones Chair for Social Activism, and former Dean of Faculty, Bennington College The Mediator s Handbook "continues to be solid, and speaks to the needs of the participants." Mohammed Abu-Nimer, Ph.D., International Peace and Conflict Resolution, School of International Service, American University " Can you really make the classic book in its field even better? In this book, authors Jennifer Beer and Caroline Packard prove that, when it comes to mediation, the answer is a resounding "Yes!" This new edition of The Mediator's Handbook provides new tools, new scripts, and new frameworks that will assist experienced practitioners and novices alike. Based on up-to-date research foundations fr

Dr. Jennifer E. Beer, PhD, combines mediation experience with her cultural anthropology background to lead courses and workshops in mediation, conflict resolution, and cross-cultural communication. She regularly teaches a negotiation course at Wharton (University of Pennsylvania). Author of the Mediator's Handbook and of Peacemaking in Your Neighborhood, she has mediated conflicts and facilitated meetings for communities and organizations for 30 years. She lives in Pennsylvania. Caroline C. Packard, JD, is an organizational change and conflict response specialist and mediator with 30 years' experience in the field. A graduate of Yale College and NYU School of Law, and a former corporate litigator with extensive formal training in individual and group psychology, Caroline has a special interest in the evolutionary psychology of group conflict and cooperation. She provides mediation and conflict-resolution services and training to organizations, families, and family businesses. She lives in the United States Eileen Stief developed the mediation process and principles documented in The Mediator's Handbook, and trained a generation of mediators to work with community, multi-party, and environmental disputes. Now retired, she led the Friends Conflict Resolution Program's experiment in community dispute settlement and later specialized in environmental mediation. She lives in the United States. Elizabeth Elwood Gates provided the delightful cartoon illustrations in honor of her aunt, Ann Richan, who was a passionate champion of community mediation.

Preface Overview What is mediation? A useful tool What makes mediation work? The mediator's role The anatomy of the mediation process The anatomy of a session Process-centered mediation Guiding principles Mediation terms THE PROCESS Getting to the Table Can mediation help this situation? How people find a mediator Voluntary or mandatory? Initial conversations Do they want to participate? Defining the scope Approaching the other parties Should I be the mediator? Pre-mediation agreements and review Choosing a location The Mediation Session Part I: Exploring the Situation Preparing yourself, co-mediators Setting up Opening Opening: Welcome & warm-up Opening: Logistics Opening: Orientation Opening: Participants' role, willingness Listening to Each Perspective The Exchange The Exchange: Facilitating The Exchange: Tasks & flow Clarify information Check out interpretations Listen for their concerns Example + impact Restate their interests Note other relevant interests Encourage empathy and reconciliation Transition to Reaching Resolution Separate Conversations Uses for Separate Conversations Breaking for Separate Conversations Separate Conversations: Template The Mediation Session Part II: Reaching Resolution Reaching Resolution Reaching Resolution: Sequence Topic List Topic List: Why it is crucial Topic List: Drafting Topic List: Wording Midpoint check-in Options Options: Together come up with ideas Options: Gut, interests, workability Options: Reality testing Decisions Decisions: Gut, interests, workability Decisions: Emotions, hesitations Writing the Agreement Writing the Agreement: Specifics Writing the Agreement: Positive framing Closing Afterwards: Wrapping up Multiple sessions THE TOOLBOX 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? Supporting the People Supporting the people: Main skills Setting the tone Level of formality, taking notes Confidentiality in practice Giving your full attention Elements of full attention Acknowledging Handling judgmental remarks Protecting From adversarial mode to cooperative mode Avoid this Kettle of Fish Attending to comfort & accessibility Language and hearing difficulties Working with people in all their variety Finding commonalities Scenarios: Emotionally difficult situations 111 Facilitating the Process Facilitating the process Impartial facilitation Structuring the session Structuring the discussion When you can be directive When to consult Ke