The Mediation Process

For almost thirty years, conflict resolution practitioners, faculty, and students have depended onThe Mediation Process as the all-inclusive guide to the discipline. The most comprehensive book written on mediation, this text is perfect for new and experienced conflict managers working in any area of dispute resolutionfamily, community, employment, business, environmental, public policy multicultural, or international. This is the expert's guide, and theFourth Edition has been expanded and revised to keep pace with developments in the field. It includes new resources that will promote excellence in mediation and help disputants reach durable agreements and enhance their working relationships.

• Includes expanded information on the latest approaches for providing mediation assistance
• Features comprehensive guidelines for selecting the right strategy for both common and unique problems
• Utilizes updated, contemporary case studies of all types of disputes
• Offers expanded coverage of the growing field and practice of intercultural and international mediation

CHRISTOPHER W. MOORE, Ph.D., was trained as a mediator by the U.S. Federal Mediation and Conciliation Service (1979) and the American Arbitration Association (1976). He has worked as a mediator, facilitator, and consultant in over 50 countries and has extensive experience developing dispute resolution systems. He is the coauthor ofThe Handbook of Global and Multicultural Negotiation andA Guide to Designing and Implementing Grievance Mechanisms for Development Projects, in addition to numerous journal articles and manuscripts on dispute resolution.

Preface ix

Part One: Understanding Disputes, Conflict Resolution, and Mediation 1

1 Approaches for Managing and Resolving Disputes and Conflicts 3

2 The Mediation Process: Mediator Roles, Functions, Approaches, and Procedures 19

3 The Practice of Mediation 61

4 Conflict Analysis: Understanding the Causes of Conflicts and Opportunities for Collaboration 106

5 Negotiation and Conflict Resolution 169

Part Two: Laying the Groundwork for Effective Mediation 179

6 The Mediation Process: An Overview 181

7 Making Initial Contacts with Disputing Parties 216

8 Collecting and Analyzing Background Information 237

9 Designing a Plan for Mediation 277

Part Three: Conducting Productive Mediation Meetings 299

10 Beginning Mediation 301

11 Presenting Parties Initial Perspectives and Developing an Agenda 325

12 Educating about Issues, Needs, and Interests and Framing Problems to Be Resolved 363

13 Generating Options and Problem Solving 387

14 Evaluating and Refining Options for Understandings and Agreements 413

15 Reaching Understandings and Agreements and Achieving Closure 435

16 Implementing and Monitoring Understandings and Agreements 477

Part Four: Strategies for Responding to Special Situations 487

17 Strategies for Responding to Special Situations 489

18 Strategies for Multiparty Mediation 555

Part Five: Toward an Excellent Practice of Mediation 571

19 Toward an Excellent Practice of Mediation 573

Resource A: Professional Practice Guidelines 593

Resource B: Mediation Services Agreement 603

Resource C: Checklist for Mediator Opening Remarks/Statement 607

Resource D: Settlement Documentation Form 609

References 611

About the Author 655

Index 657