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Mediation Theory and Practice

  • Edition : 3rd ed., 2013
  • Author(s) : Alfini, Press, et al.
    • ISBN: 9780769863801
    • SKU: 94012
    • Condition: New
    • Format: Hardcover

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    • ISBN: 9780769862842
    • SKU: 94012L
    • Condition: New
    • Format: Looseleaf

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    • ISBN: 9780769863801
    • SKU: 94012R
    • Condition: New
    • Format: Hardcover

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Mediation Theory and Practice is a comprehensive guide to the growing field of mediation, combining theoretical, practical, and policy perspectives. Classic mediation and negotiation topics and techniques are presented from a fresh perspective. The authors weave together excerpts from key books and articles, relevant cases, statutes, and rules and regulations to provide a systematic look at the historical background, theory, ethics, and policy underlying mediation in the United States. They also provide practice guidance for mediators.

The authors devote substantial attention to negotiation theory, to issues of mediator roles and styles, and to critical issues related to mediator behavior including diversity, fairness, and power concerns. The book embraces and encourages class discussion of the emerging and hotly debated issues relating to mediation. Some of the topics examined in detail include:
Mediator certification and suggested approaches to certification;
The debate regarding facilitative, evaluative, and transformative approaches to mediation;
Critiques of mediation based on fairness and diversity concerns;
The appropriate scope of confidentiality and privilege provisions;
Conflicts of interest and mediator impartiality;
Expedited enforcement of mediated agreements;
Disputes over whether there should be an obligation to mediate in good faith;
The role of lawyers in the mediation process;
Impact of institutionalizing mediation processes, particularly in the court context.

An entire chapter is devoted to identifying and discussing fundamental mediator performance skills and strategies. Breaking mediation down into its fundamental components, this chapter walks the student through the dynamics and challenges that a mediator confronts when executing each process segment. In doing so it also helps students understand how, as advocates, they can most effectively use a mediator's services to achieve their client's goals. While focusing primarily on a facilitative approach to mediation, the chapter also discusses how evaluative and transformative approaches would differ. Exercises and practice simulations presented within the Teacher's Manual (available only to professors) can be used to enhance the chapter. Finally, the concluding chapters discuss the many contexts in which mediation is currently being used and the anticipated future and career opportunities of this burgeoning field.

Table of Contents includes:
Historical Context and Conceptual Framework;
Negotiation;
Mediation Process and Skills;
Mediator Roles, Orientations, and Styles;
Legal Issues in Mediation;
Diversity, Power, and Fairness;
Mediator Certification and Ethics;
Mediation and the Lawyer;
The Institutionalization of Mediation;
Mediation in Many Contexts;
Mediation's Promise.
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