Written by: Laurence Boulle and Miryana Nesic
Winner of the 2010 CEDR Awards for Excellence in ADR Award
"...this is an important book in the mediation field. Reading its contents repays the reader handsomely whether that reader is a newly trained or an experienced mediator" Journal of the Chartered Institute of Arbitrators, May 2010
"This is a key work both for experienced practicing mediators and for those who aspire to be."Michael Leathes "IMI"
The skills, techniques and strategies for mediation - everything you need to successfully tackle a mediation The mediation process has become an increasingly important method of tackling problems, complaints and disputes. Ensure you have the latest techniques and strategies in your armoury This practical book outlines the skills and techniques required to prepare for, participate in, and conduct mediation. By using its examples and checklists, you will be able to approach any mediation with complete confidence.
Essential new tools and resources
You will benefit from exercises, tools and resources giving you the opportunity to learn, and update, the skills, techniques and strategies needed when mediating.
This user-friendly guide will enable you to:
- Master mediation skills and techniques
- Create an environment conducive to mediation
- Design a fair and effective negotiation process
- Diagnose problems, complaints and disputes
- Assist the parties to identify their interests and priorities
- Provide momentum for settlement
- Avoid mediator traps
- Access key ADR tools and resources including mediation agreements, mediation rules and procedures, sample settlement agreements, a range of guidance notes and up-to-date reading materials
- Develop a mediation practice
- Gain an overview of the practice of mediation across Europe
Essential new material for all mediators, lawyers representing clients in mediation, organisations in dispute, users of dispute resolution services, ADR organisations, as well as anybody studying mediation.
Laurence Boulle is currently Director of the Mandela Institute and the Issy Wolfson Professor of Law at the University of the Witwatersrand in Johannesburg. He is an accredited mediator in Australia, has advised governments on mediation policy and has extensive publications in the field.
Miryana Nesic is a commercial litigation lawyer by background. She is a mediator and ADR consultant, who has worked on ADR cases and development issues across Europe, the US, Africa, the Middle East and Australasia since the early 1990s. Miryana is a CEDR and AMA accredited mediator, and is on CORE’s International Panel of Mediators.
CONTENTS
This Book’s Approach to Mediation Skills and Techniques
Establishing the Foundations for Mediation: Intake, Screening, Early Contact and Preparation
Maintaining a Favourable Climate
Diagnosing, Defining, Designing Managing the Mediation Process
Assisting the Communication Process
Facilitating the Negotiations
Encouraging Settlement
Variations in the Mediation Process
Special Issues in Mediation
Avoiding Mediator Traps
Developing a Practice and Practising Mediation
European Comparisons
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