Dr. Jennifer E. Beer, PhD, combines mediation experience with her cultural anthropology background to lead courses and workshops in mediation, conflict resolution, and cross-cultural communication. She regularly teaches a negotiation course at Wharton (University of Pennsylvania). Author of the Mediator's Handbook and of Peacemaking in Your Neighborhood, she has mediated conflicts and facilitated meetings for communities and organizations for 30 years.

PrefaceOverview

What is mediation?

A useful tool

What makes mediation work?

The mediator's role

The anatomy of the mediation process

The anatomy of a session

Process-centered mediation

Guiding principles

Mediation terms

THE PROCESSGetting to the Table

Can mediation help this situation?

How people find a mediator

Voluntary or mandatory?

Initial conversations

Do they want to participate?

Defining the scope

Approaching the other parties

Should I be the mediator?

Pre-mediation agreements and review

Choosing a location The Mediation Session Part I: Exploring the SituationPreparing yourself, co-mediators

Setting up

Opening

Opening: Welcome & warm-up

Opening: Logistics

Opening: Orientation

Opening: Participants' role, willingness

Listening to Each Perspective

The Exchange

The Exchange: Facilitating

The Exchange: Tasks & flow

Clarify information

Check out interpretations

Listen for their concerns

Example + impact

Restate their interests

Note other relevant interests

Encourage empathy and reconciliation

Transition to Reaching Resolution

Separate Conversations

Uses for Separate Conversations

Breaking for Separate Conversations

Separate Conversations: TemplateThe Mediation Session Part II: Reaching ResolutionReaching Resolution

Reaching Resolution: Sequence

Topic List

Topic List: Why it is crucial

Topic List: Drafting

Topic List: Wording

Midpoint check-in

Options

Options: Together come up with ideas

Options: Gut, interests, workability

Options: Reality testing

Decisions

Decisions: Gut, interests, workability

Decisions: Emotions, hesitations

Writing the Agreement

Writing the Agreement: Specifics

Writing the Agreement: Positive framing

Closing

Afterwards: Wrapping up

Multiple sessions

THE TOOLBOXUnderstanding ConflictDisputes & conflicts

Metaphors for understanding conflict

The conflict core

Common effects of conflict

The pleasures of conflict

When things heat up

The way out is through

The Conflict Triangle

People, Process, Problem

Which mode are you in?Supporting the PeopleSupporting the people: Main skills

Setting the tone

Level of formality, taking notes

Confidentiality in practice

Giving your full attention

Elements of full attention

Acknowledging

Handling judgmental remarks

Protecting

From adversarial mode to cooperative mode

Avoid this Kettle of Fish

Attending to comfort & accessibility

Language and hearing difficulties

Working with people in all their variety

Finding commonalities

Scenarios: Emotionally difficult situations 111Facilitating the ProcessFacilitating the process

Impartial facilitation

Structuring the session

Structuring the discussion

When you can be directive

When to consult

Keeping on track

Crafting questions

Crafting questions: Word with care

Crafting questions: Spin it positive

Crafting questions: Follow up for clarification

Kinds of rewording

Reflecting back

Summarizing

Summarizing: Its many uses

Working visually

When to intervene

When to intervene: Stopping the momentum

When to intervene: Slowing the process down

Is it time to quit?

Ending a mediation

Scenarios: Facilitation challengesSolving the ProblemParticipants' starting point: Power & rights

Changing the "positions" mindset

Interests

Layers of interests

Why interests matter

Finding space for solutions

Reframing

Checking out (mis)interpretations

Lies, perceptions, deceptions

Plain description of facts and needs

Flip it! ? Outcome-focused interests

Tactful wording of interests and topics

Summary of interests

Topic List examples

Eliciting ideas: Brainstorming

Eliciting ideas: Opening up possibilities

Can mediators suggest options?

Visual aids for making decisions

Types of resolution

"Typical" or "good enough" resolutions

What-ifs

Fallbacks: Contingencies, uncertainties

Step-down agreements: Smaller scope

When there's no agreement

Final review: Workability

Final review: Future

Sample agreements

Scenarios: problem-solving challenges 173Going FurtherGoing further

Adapting the process

Mediating with children & teens

Mediating across generations

Mediating family conflicts

Mediating employee conflicts

Participant evaluation

Mediator evaluation of a mediation

Evaluating yourself

The Handbook "soup pot"

Authors & contributors

Organizational supportIndex