Mediation Theory and Practice

Suzanne McCorkle (Ph.D., University of Colorado at Boulder, rhetoric & argumentation; M.A. & B.S., Ball State University, rhetoric & argumentation; speech & secondary education) is director of the Dispute Resolution Program at Boise State University where she is a professor in the Public Policy and Administration department. McCorkle is the co-author of Mediation Theory and Practice, Second Edition (SAGE), Personal Conflict Management (Allyn & Bacon), and People Skills for Public Managers (M.E. Sharpe).

List of Cases, Views, and Role-Play Scenarios Preface Acknowledgments About the Authors Chapter 1: Introduction to Mediation Why Mediation? Benefits for the Disputants Benefits for the Mediator How Do People Find Their Way to Mediation? Family Mediation Community Mediation Victim-Offender Mediation School-Based Peer Mediation Organizational Mediation Government and Court-Annexed Mediation Power, Rights, and Interests Resolving through Power Resolving through Rights Resolving through Interests The Dispute Resolution Continuum Litigation Arbitration Med-Arb Mediation Informal Conflict Management A Disclaimer about Mediation Training Summary Chapter Resources Portfolio Assignment 1.1: Starting Your Mediator Portfolio Portfolio Assignment 1.2: Personal Reflections Chapter 2: The Basic Components of Mediation Philosophical Assumptions Facilitative Approach Transformative Approach Evaluative Approach Comparing the Three Approaches Functional Models Integrating Philosophies Variables That Make a Difference in Mediation Models Premediation or No Premediation Allow Uninterrupted Disputant First Statements or Control When and How Long Each Person Speaks Allow, Require, or Forbid Private Meetings between the Mediator and the Parties Require an Agenda before Negotiating, Negotiate as You Go, or Slide Back and Forth between Issue Identification and Negotiation Consider the Parts of the Mediation as Functional Phases or as Chronological Steps Focus on the Problem, Focus on the Emotions, or Balance Problems and Emotions Prescribe Automatic First Moves within Phases or Allow Mediator Choice Allowing or Prohibiting Parties to Speak to Each Other Writing and Signing or Not Signing Agreements Phases in the Balanced Mediation Model Premediation Mediation Session Postmediation Does Culture Matter in Mediation? Summary Chapter Resources Portfolio Assignment 2.1: Personal Reflections on Mediation Philosophy Portfolio Assignment 2.2: Personal Reflections on Culture Chapter 3: Essential Skills for Mediators An Overview of Mediator Skills Trusting and Controlling the Process Trusting the Process Controlling the Process Listening: A Bedrock Skill for Mediators Types of Listening Variables That Affect Listening Skills for Listening to Content, Emotion, and Relationship Reframing Messages Listening to Nonverbal Communication Clarifying and Asking Questions Open versus Closed Questions Genuinely Curious Questions Honoring Silence Listening Interculturally Ethical Issues and Listening Summary Chapter Resources Portfolio Assignment 3.1: Emotional Paraphrases Portfolio Assignment 3.2: The Open-Ended Question Chapter 4: Premediation Activities Contacting Disputants Goals to Accomplish During Intake Education Role Information-Gathering Role Assessment Role Setting the Stage Time and Timing Place Environment Summary Chapter Resources Portfolio Assignment 4.1: The Referral Sourcebook Portfolio Assignment 4.2: Intake and Agreement to Mediate Forms Chapter 5: Ethical Considerations and Tactical Preparations Mediator Roles Ethical Considerations in the Mediation Community Ethical Considerations for Mediators Neutrality and Impartiality Reality Testing Competence Dual-Role Relationships Truthfulness Informed Choice Conclusions about Mediator Ethics Disputant Roles Analyzing Stakeholders The Mediation Plan Common Causes of Conflict Conflict Causes and Mediator Moves Cultural Awareness Summary Chapter Resources Portfolio Assignment 5.1: Ethical Codes of Conduct Portfolio Assignment 5.2: Mediator Supplies Portfolio Assignment 5.3: Personal Reflections That Deepen Cultural Awareness Chapter 6: The Mediator's Opening Statement Managing Arrivals and Seating Ope