An Introduction to Mediation - Teresa Clyne

Mediation can be defined as; A -process- not -a meeting-. Mediation is a process in which an impartial third party facilitates communication and talks which promotes voluntary decision making by the parties to the dispute. Mediation is a process whereby parties to a conflict wish to engage in a win-win settlement. -Conflict is a state of human interaction where there is disharmony or a perceived divergence of interests, need or goals. There is a perception that interests, needs or goals cannot be achieved due to interference from the other person or people, - This introductory Mediation book provides a foundation for anyone seeking to understand the mediation process. Alternative Dispute Resolution - this book deals with: All fields of mediation, including civil and commercial, workplace and employment, family and community Mediation concepts - including interests, framing, and dialogue-building-and use them not just at the mediation table but also in your marketing. The Concept of Mediation -understand the psychology and behaviours which produce Constructive or destructive outcomes resulting from situations of Conflict -recognise the differences between mediation and other forms of conflict/dispute resolution -demonstrate an in-depth understanding of the values and ethics underpinning mediation such as empowerment, mutual respect and the equity of exchange -demonstrate ability to apply theory to the development of effective mediation practice -differentiate between party autonomy, mediator authority and power, and the protection of a fair process -understand the relationship between mediation and the law in different contexts and within different jurisdictions. -critically analyse the various stages of the mediation process -evaluate the benefits of mediation for each of the stakeholders engaged with the process. The various stages of the mediation process -Convening process and preliminary arguments. -Mediation introduction and laying down the ground rules for mediation. -Statements by party spokesperson, followed by a repeat of the unsolved issue by the mediator. -Setting the agenda for mediation. -Facilitating the mediation. -Reaching a negotiated settlement. The Psychology and Philosophy of Mediation It's not the money, it's the principle Different Types of Conflict Task-Oriented Conflict Personal Conflict Mediate or Not..! ? The Advantages and Disadvantages of Mediation Constructive behaviour Win-win solutions. Non-judgmental actions. Active resolution of conflict Thoughtful, not impulsive, responses. Destructive behaviour. Feelings of anger and frustration. Judgmental actions. The differences between negotiation, mediation, and arbitration. Independent Confidentiality Equality and empowerment The relationship between mediation and the law Analyse the various stages of the mediation process Facilitating the Mediation. Mediation Agreement Models of Mediation Do's and Don'ts of Mediation: Family Mediation Plan the Separation Agreement Wills & inheritance Organisational and Workplace Mediation Management/staff difficulties Staff/patient conflicts Community Mediation Homeless young people and their families Elderly people and their carers Families and local education authorities Peer Mediation Restorative Justice Post-sentencing Victim-offender mediation Reparative mediation Models of Mediation Co-Mediation Shuttle Mediation Facilitative Mediation Mediation Practice Matching Pacing Leading Non-verbal communication Non-verbal Vocal Space Objects Colour Facial Expressions Movement Time Touch Impartiality and Mediation Prejudices and philosophy in Mediation Co-mediation.