The Practitioner's Guide to Mediation A Client Centered Approach

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Edition: 1st
Format: Hardcover
Pub. Date: 2000-10-30
Publisher(s): Wiley
List Price: $84.21

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Summary

"The breadth of this book is astounding-they have taken so much of what mediators do and put it all into just this one book." -Diane Neumann, diane neumann&associates, divorce mediation services What is mediation and why is it needed? Who can become a mediator? How can you incorporate mediation into your practice? Are there any pitfalls? The Practitioner's Guide to Mediation answers all of these critical questions and much more as it guides you through the process of breaking into this lucrative field. Written by the leading experts on the subject and founders of the Erickson Mediation Institute, this practical guidebook will provide you with all the information you'll need to incorporate mediation into your existing range of services and build a successful practice. Packed with helpful advice and tips, Erickson and McKnight clearly show you how to confidently mediate family, divorce, and workplace disputes. They also take you step-by-step through their client-centered approach so that you can develop new ways of thinking to resolve conflicts that will benefit everyone.

Author Biography

STEPHEN K. ERICKSON, JD, and MARILYN S. McKNIGHT, MA, are the founders of Erickson Mediation Institute, a leading mediation facility. They hold numerous training workshops and lectures throughout the year on mediating a variety of conflicts. Erickson and McKnight are also the authors of Mediating Divorce published by Jossey-Bass.

Table of Contents

What Is Mediation?
1(22)
Introduction
1(2)
Mediation Is Not New; It Is a New Way of Thinking
3(1)
Blueprint for Becoming a Mediator
4(1)
Mediation's Bright Future
5(4)
Litigation Does Not Work
6(3)
Considering Mediation as a Professional Practice
9(8)
Mental Health Professionals
9(5)
Family Law Attorneys
14(3)
Not All Mediators Practice Client-Centered Mediation
17(4)
Conclusion
21(2)
The Client-Centered Mediation Model
23(32)
Introduction
23(1)
Client-Centered Divorce Mediation
24(3)
A Future-Oriented Approach
25(2)
Characteristics of Client-Centered Mediation
27(26)
Opportunity versus Contest
28(2)
Old Thinking
30(1)
New Thinking
31(22)
Conclusion
53(2)
The Mediation Process and the Mediator's Role
55(28)
Overview of Divorce Mediation
55(5)
Initial Consultation
56(2)
Working Mediation Sessions
58(1)
Finalizing the Mediation Process
59(1)
The Role of the Mediator
60(7)
Connecting Emotionally with Clients
61(1)
Managing the Mediation Process
62(1)
Addressing the Issues
63(1)
Mediator Tools, Skills, and Techniques
64(3)
Mediator Neutrality
67(1)
Being Neutral About Divorce
68(12)
Building Blocks for Settlement
71(3)
Offering Ideas and Options
74(1)
Gender Neutrality
75(2)
Power Imbalance
77(3)
Conclusion
80(3)
The ABCs of Divorce Mediation
83(30)
Introduction
83(2)
What Is Divorce Mediation?
85(5)
Why Divorce Mediation Is a Growing Field
88(1)
Relationship Circle
88(2)
Mediating Parenting Agreements
90(9)
What's the Difference?
91(2)
History
93(3)
The Reason Mediation Was Needed in the First Place
96(2)
Client-Centered Divorce Mediation
98(1)
The Community of Professionals
99(13)
Neutral Experts
100(1)
Therapists
101(2)
Accountants and Financial Planners
103(3)
Real Estate Appraisers
106(1)
Mortgage Bankers
106(1)
Career Consultants
107(1)
Business Appraisers
108(1)
Actuaries
108(1)
Doctors and Other Medical Specialists
109(1)
Chemical-Dependency Counselors
109(1)
How to Become a Neutral Expert
110(2)
Conclusion
112(1)
Mediating Workplace and Other Nondivorce Disputes
113(30)
Introduction
113(4)
The Problem
114(3)
Case Study
117(15)
Background
117(1)
Orientation
118(2)
Deciding Who Should Attend
120(1)
Discussing Confidentiality
121(1)
Setting the Stage for Cooperation
122(2)
Signing the Agreement to Mediate
124(1)
Unfolding their Stories
125(1)
Managing the Discussions
126(2)
Uncovering Needs and Interests
128(2)
Considering Options
130(1)
Choosing Options
131(1)
Client-Centered Community Mediation
132(8)
Conclusion
140(3)
Mediation Training
143(30)
Characteristics of a Mediator
144(13)
Being Nonjudgmental
145(2)
Being a Holistic Listener
147(1)
Being Willing to Understand and Manage Conflict
148(1)
Being Able to Clarify Communication
149(3)
Being Intuitive
152(2)
Being Nondirective
154(2)
Being Able to Think Creatively
156(1)
Believing Passionately in the Value of Mediation
157(1)
Believing in the Capacity of People to Mediate
157(1)
What Motivates Someone to Become a Mediator?
157(5)
Choosing a Client-Centered Mediation Training
162(9)
The Trainers
162(2)
The Curriculum
164(1)
Conflict-Resolution Theory
165(3)
Conceptual Framework of Mediation
168(3)
Conclusion
171(2)
Building a Mediation Practice
173(22)
Rest, Rest, and More Rest
174(1)
Continuing to Learn About Divorce Mediation
175(3)
Networking with Divorce Professionals
178(1)
Join Mediation and Other Organizations
179(2)
Mentoring
181(1)
Practice Models
181(5)
Expand Your Practice to Include Mediation
182(2)
Offer to Work with Another Professional Practice
184(1)
Establish a Mediation Group Practice
184(2)
Opening Your Own Mediation Practice
186(7)
Develop a Business Plan
187(1)
Meet with the SBA
187(1)
Plan a Marketing and Public Relations Strategy
187(5)
Web Page
192(1)
Conclusion
193(2)
Ethical Standards and Accountability
195(24)
Preamble
196(1)
Initiating the Process
196(2)
Procedures
198(1)
Impartiality and Neutrality
199(1)
Mediator Comments About Violence and Intimidating Behavior
200(1)
Costs and Fees
200(1)
Confidentiality and Exchange of Information
201(4)
Self-Determination
205(4)
Professional Advice
209(1)
Parties' Ability to Negotiate
210(1)
Concluding Mediation
211(2)
Training and Education
213(1)
Advertising
213(1)
Relationship with Other Professionals
214(1)
Advancement of Mediation
215(1)
Other Standards of Practice
216(1)
Mediator Accountability
217(1)
Conclusion
217(2)
The Future Impact of Mediation Practice
219(4)
Future Predictions
220(2)
Conclusion
222(1)
Appendix A. Agreement to Mediate 223(6)
Appendix B. Mediation Service Fee Schedule 229(2)
Appendix C. Divorce Mediation Questionnarie 231(10)
Appendix D. Memorandum of Agreement 241(14)
Appendix E. Academy of Family Mediators 255(6)
References 261(2)
Resources 263(4)
Index 267

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