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Table of Contents
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
