Toolkit Mediation

2. Auflage 2024
ISBN: 978-90-473-0202-5
Verlag: Eleven International Publishing

Buch, Englisch, 324 Seiten, Format (B × H): 170 mm x 244 mm, Gewicht: 562 g

Practical guide for mediators
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.

Practical, easy to use overview of tools
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.

Applicability negotiation theories and mediation techniques
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.

Difference between mediators and negotiators
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.

The indepth technical aspect of the interventions
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.

Autoren/Hrsg.

Schonewille, M. A.

Schonewille, Manon

Fachgebiete

• Rechtswissenschaften Allgemeines Verfahrens-, Zivilprozess- und Insolvenzrecht Zivilprozessrecht Streitschlichtung, Mediation

Inhaltsverzeichnis

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

Über Autor(innen)

Manon Schonewille is an internationally recognized Business Mediator, who has been actively mediating since 1996 in a wide range of business and workplace-related conflicts, especially in an international context and intercultural settings. She is a director of the International Mediation Institute (IMI) and chair of the Task Force Mediation Advocacy. Manon is also a partner in the internationally recognized training institute ‘The Academy of Legal Mediation’ (part of Toolkit Company) and a co-founder of ‘Mundi Mediatores’, both based in the Netherlands.