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Toolkit Mediation

Generating Outcomes as Mediator and Negotiator

Specificaties
Paperback, 324 blz. | Engels
Eleven International Publishing | 2e druk, 2024
ISBN13: 9789047302025
Rubricering
Hoofdrubriek : Juridisch
Jongbloed : Mediation / ADR
Eleven International Publishing 2e druk, 2024 9789047302025
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Samenvatting

Toolkit Mediation is the practical guide for mediators, providing practical tools, useful models, and checklists for mediators in practice and is applicable to all styles and methods of mediation. It is a manual for how mediation can be used by various professionals for their own purposes. Managers, mediators, negotiators, trainers, coaches, consultants, lawyers, judges and other professionals can all benefit from using mediation techniques. This practical handbook contains an overview of the treasure trove of tools a mediator has at his disposal and is written to offer a clear guide on how to “technically” apply these tools. In particular, it includes comprehensive and easy-to-use practical checklists and overviews.

This publication is a vital guide for anyone involved in a (potential) dispute, or engaged in a negotiation. Mediation techniques can be used to shape the result of a negotiation favorably. A mediator can also learn how to apply other techniques from negotiation theories, for example more directive or less neutral interventions. A manager cannot afford to ignore modern conflict management in his work. A coach, consultant or (psycho) therapist can apply mediation techniques in interactions with clients, though the objectives for using these techniques differ depending per profession. A mediator is a neutral and independent third party who assists others in resolving their disputes while a negotiator is always involved as a party and therefore uses mediation techniques to improve their own outcome. Moreover, negotiation does not necessarily imply conflict. A manager can be involved in a dispute as a party, but can also be consulted to act as an intermediary by others who are engaged in a dispute. A coach, consultant or therapist quite often deals with just one party instead of two. For mediators, this book can contribute to further improve professionalism. A mediator can utilize many different interventions and techniques to control the mediation process. In practice, however, most mediators primarily use their own set of preferred tools. During an actual mediation, attention is divided between choosing what interventions should be used (or not to intervene at all) on the one hand, and managing the process on the other hand. Also, in most mediation trainings the focus is especially on the process aspect: what should be done in what phase of the mediation? The indepth technical aspect of the interventions often receives less attention. This book is written to close this gap.

Because of its focus on specific and practical knowhow this publication is suitable for both practitioners and scholars.

Specificaties

ISBN13:9789047302025
Taal:Engels
Bindwijze:paperback
Aantal pagina's:324
Druk:2
Verschijningsdatum:31-1-2024
ISSN:
Jongbloed:Mediation / ADR

Over Manon Schonewille

De auteur is directeur van de stichting ACBMediation. Zij is als assessor betrokken bij de NMI-certificering van mediators en is tevens freelance trainer. Hiernaast publiceert zij regelmatig over conflictmanagement. Zij geeft ook les aan de Universiteit Utrecht in het vak Business Mediation.

Andere boeken door Manon Schonewille

Inhoudsopgave

I. Planning and arrangements
1 The initial contact phase (intake)
2 Pre-mediation planning
3 Checklist opening statement and ground rules
4 Agreements on reporting
5 Co-mediation
6 Preparing a negotiation agenda
7 Experts and mediator’s proposal
8 Administrative kit;

II. Procedural aspects
1 Psychological contract and building trust
2 Maintaining and demonstrating neutrality and impartiality
3 Balancing power
4 Interest-based negotiation
5 Empathy and perspective taking
6 Empowerment of parties
7 Interests (subjective criteria)
8 Blocking issues and causes of conflict
9 The stages of a mediation process
10 Advancing from positions and the past to interests and the future
11 Result and conclusion of a mediation
12 Package deals
13 Balanced and SMART agreements
14 (Using) Time
15 Structuring
16 Caucus

III. Techniques and interventions
1 Overview of the key techniques, interventions, negotiation and mediation tools
2 Listening
3 (Let the parties) Paraphrase
4 Summarize
5 Reflecting
6 Reframing or recontextualizing
7 Neutral language of the mediator
8 Distinguish content from the relationship
9 Meta-communication
10 Asking questions
11 Reality testing
12 The one text procedure
13 Mutualizing (finding common ground)
14 BATNA, WATNA, RATNA, leverage and ZOPA
15 Generate options
16 Reaching agreement
17 Use of voice and silence
18 Non-verbal behavior
19 Paradoxical interventions

IV. Challenging situations & selected topics
1 Overcoming deadlocks effectively
2 Differing perceptions
3 Tricky tactics and difficult behavior
4 Dealing with emotions
5 Varying cultural backgrounds
6 Multi-party mediations or mediations with many individuals
7 Escalation phases of a conflict
8 Online mediation
9 Dealing with brains, tips for mediators from neuroscience

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