Mediator Skills and Techniques: Triangle of Influence


Book Description

The skills, techniques and strategies for mediation - everything you need to successfully tackle a mediation. The mediation process has become an increasingly important method of tackling problems, complaints and disputes. Ensure you have the latest techniques and strategies in your armoury. This practical book outlines the skills and techniques required to prepare for, participate in, and conduct mediation. By using its examples and checklists, you will be able to approach any mediation with complete confidence. Essential new tools and resources - you will benefit from exercises, tools and resources giving you the opportunity to learn, and update, the skills, techniques and strategies needed when mediating. This user-friendly guide will enable you to: - Master mediation skills and techniques; - Create an environment conducive to mediation; - Design a fair and effective negotiation process; - Diagnose problems, complaints and disputes; - Assist the parties to identify their interests and priorities; - Provide momentum for settlement; - Avoid mediator traps; - Access key ADR tools and resources including mediation agreements, mediation rules and procedures, sample settlement agreements, a range of guidance notes and up-to-date reading materials; - Develop a mediation practice; - Gain an overview of the practice of mediation across Europe. Essential new material for all mediators, lawyers representing clients in mediation, organisations in dispute, users of dispute resolution services, ADR organisations, as well as anybody studying mediation.




Mastering Mediation Education


Book Description

Nowadays, mediation education is implemented at all levels in society: from kindergarten and primary school education ('peer mediation') to university and post-graduate master programs. The length and intensity varies tremendously: from two day courses, to two year programs. In this respect, mediation is comparable to sports or the fine arts. One can practice this intuitively, and with basic training at grass roots level, further develop this at the professional level, and become a master in mediation. On the professional level, mediation is a respected part of the judicial process and the mediator is recognized as a full partner in the process of conflict management and dispute resolution - an expert with specific knowledge and skills to assist as a third party. To achieve this, a high quality education in mediation is essential. Otherwise, mediation will be seen, particularly by other professions and professionals, as a 'soft skills' and a secondary service. At the professional level, how should an education be developed? What roles should universities play in mediation education? What are the trends and what are the necessary steps to take, to further develop this young profession into evidence-based practices? These questions formed the theme of an international symposium in Utrecht - "Mastering Mediation Education" - organized by the Universities of Utrecht and Leuven. The mediation topics discussed at the symposium are presented in this book.




Learning Legal Skills and Reasoning


Book Description

Language skills, study skills, argument skills and the skills associated with dispute resolution are vital to every law student, professional lawyer and academic. The 5th edition of Learning Legal Skills and Reasoning draws on a range of areas of law to show how these key skills can be learnt and mastered, bridging the gap between substantive legal subjects and the skills required to become a successful law student. The book is split into four sections: Sources of law: Including domestic, European and international law. Working with the law: Featuring advice on how to find and understand the most appropriate legislation and cases. Applying your research: How to construct a legal argument, answer a problem question and present orally (mooting). Skills for solving disputes: From negotiation to mediation and beyond. Packed full of practical examples and diagrams to illustrate each legal skill, this new edition has been fully updated and now includes a new chapter on drafting. It will be an essential companion for any student wishing to acquire the legal skills necessary to become a successful law student.




Mediation


Book Description

Mediation is used to resolve disputes in business, employment, education, domestic relationships, religious organizations, government, international relations, and, of course, litigation. Mediation: Skills and Techniques offers a comprehensive course of study of the mediation process, from convening the mediation to formalizing the settlement agreement. The book provides practical examples and case studies to illustrate the skills and techniques necessary to become a proficient mediator. Importantly, the book adopts an interdisciplinary approach to mediation that incorporates scientific principles from law, psychology, conflict management, and sociology. It also surveys careers in mediation and explains how to market a mediation business. Whether you are a student, mediator, lawyer, psychologist, businessperson, clergy member, or social worker, this book answers the call for a broad and systematic education in mediation with an emphasis on practical, science-based mediation skills and techniques. This second edition includes new chapters on balancing power among parties in mediation, evaluative mediation, and virtual mediation.




The Mediation Process


Book Description

Provides mediators and other professionals who use mediationsuch as lawyers, therapists, and personnel managerswith comprehensive, step-by-step instruction in effective dispute resolution strategies.




A Practical Approach to Alternative Dispute Resolution


Book Description

A Practical Approach to Alternative Dispute Resolution will appeal to law students and practitioners looking for a book that deals with the full range of ADR processes. This comprehensive book covers the core topics on the dispute resolution module for the BPTC. Its practical focus highlights the key processes and procedures for each topic.




Mediation: An A-Z Guide


Book Description

Don't know your BATNA from your WATNA from your ZOPA? Think PATNA is a type of rice? Not sure what Cellar Blindness is? Or what FDRs/DI Ps/ LIPs are? Mediation: An A-Z Guide tells you, distilling practical information, informed comment and useful advice and tips. Over 500 entries provide curated information on practical mediation topics guiding you through the thicket of mediation jargon. Mediation: An A-Z Guide ensures you have no need to feel nervous about mediation because you: will understand what is being said will have the knowledge and confidence to use the buzz words Whether you are a mediator, a representative, a client, a lawyer or a nonlawyer you will find what you are looking for. Portable and practical and with an easy-to-read, punchy style and user-friendly format this is more than just a dictionary. Entries follow the same pattern: Topic Heading Definition Comment In practice – bullet points nail the everyday application of the topic See also – for internal cross references Follow up – for further sources




Mediation and other forms of Alternative Dispute Resolution


Book Description

Covering both the principles and practice of Alternative Dispute Resolution (ADR), this important new textbook equips students not only with a contextual understanding of the role of ADR in adjudicating civil disputes but also with the different forms of mediation and ADR available and the key issues in their application. Providing theoretical and practical insights, the book begins with a critical examination of the tenets on which ADR is based, where it sits in relation to civil law, and how it is applied in different national contexts. It discusses the various areas in which mediation or arbitration can be applied, from family mediation to restorative justice, and includes chapters on the ethics of mediation and its psychology, as well as an introduction to online dispute resolution (ODR). The concluding chapter offers some thoughts on the benefits and challenges of mediation. Featuring a glossary of key terms, detailed case law, end-of-chapter problem questions, and advice around listening skills during a mediation process, Mediation and other forms of Alternative Dispute Resolution is an essential textbook for any student approaching ADR for the first time and offers practitioners an opportunity to reflect on the context of ADR.




Contemporary Issues In Mediation - Volume 1


Book Description

Is the need for a power balance still necessary for mediation in the Singapore context?In an increasingly digitised world, what challenges are there for online mediation?Is the distinction between facilitative and evaluative mediation still relevant?These questions, and more, are explored in Contemporary Issues in Mediation, the first ever compilation of essays on mediation topics and issues by top mediation students. Carefully selected and edited by leaders in the mediation and negotiation field Associate Professor Joel Lee from the National University of Singapore Faculty of Law, and Marcus Lim, Executive Director of the Singapore International Mediation Institute, this book is not only a unique addition to local mediation literature but also the first in a new annual series.




Negotiation and Dispute Resolution for Lawyers


Book Description

Expertly combining negotiation theory and practice, Negotiation and Dispute Resolution for Lawyers demonstrates how lawyers can deliver enhanced levels of service to their clients. Comprehensive and engaging, the book is a lawyer’s guide to resolving conflict, negotiating deals, preserving important client relationships, and ultimately becoming truly effective problem solvers.