Index
Stephen B. Goldberg
(Professor Emeritus, Pritzker School of Law, Northwestern University, Chicago, IL, USA)
Jeanne M. Brett
(Professor, Kellogg School of Management, Northwestern University, Evanston, IL, USA)
Beatrice Blohorn-Brenneur
(Mediator, Council of Europe, Judge (ret.), Paris, France)
ISBN: 978-1-78714-223-7, eISBN: 978-1-78714-222-0
Publication date: 20 April 2017
This content is currently only available as a PDF
Citation
Goldberg, S.B., Brett, J.M. and Blohorn-Brenneur, B. (2017), "Index", How Mediation Works, Emerald Publishing Limited, Leeds, pp. 113-118. https://doi.org/10.1108/978-1-78714-222-020171003
Publisher
:Emerald Publishing Limited
Copyright © 2017 Emerald Publishing Limited
INDEX
Active listening
, 37
Adler, Peter
, 97–98
ADR (alternative dispute resolution) processes
, 11, 93, 99, 102, 103
blogs
, 107–111
organizations and journals, links to
, 105–106
“ADR as a 1st Career”
, 99, 107
Agreement(s)
between parties with continuing relationship
, 47–48
confidentiality
, 82–83
contingent
, 46
disputing parties’ inability to reach
, 59–62
limited duration
, 46
narrowing/expanding scope of issue in dispute
, 48
non-precedent setting
, 47
splitting the difference
, 49–50
tentative
, 74
trade-off
, 46
Alternatives
, 103
American Arbitration Association
, 84
American Bar Association (ABA)
, 84, 103, 107
Model Rules of Professional Conduct
, 89
Section on Dispute Resolution
, 103
Arbitration
, 6–7, 11
distinguished from court
, 7
Arbitrator
, 6
Association for Conflict Resolution (ACR)
, 84, 103
Association of Family and Conciliation Courts
, 103
BATNA (Best Alternative to a Negotiated Agreement)
, 13, 14, 30, 51–54, 60–62, 70–72
mediator aiding parties to evaluate BATNA
, 51–54
Behavioral issues
disruptive behavior
, 68–69
irrelevant issues, raising
, 68
silence
, 67
Bias, mediator avoiding appearance of, See Mediator(s)
Bingham, Gail
, 101
Buckley, M.
, 103
Candor in mediation
, 79–84
Carrel, Alyson
, 99
Carter, Jimmy
, 99
Case of the Travelling Mechanic
, 40–43
Coaching of parties by mediator
, 43–44
Commitment to abide by mediation rules
, 29
Confidentiality agreements
, 82–83
Mediator’s responsibilities regarding
, 83–85
Conflict, defined
, 1
Conflict Resolution Quarterly
, 104
Conflicts of interest
, 87–88
Contingent agreements
, 46
Continuing education
, 91–92
Court
distinguished from arbitration
, 7
provision of mediators by
, 18
Court-connected mediation
, 80
Credentials to mediate
, 101–102
Day job
“don’t quit”
, 104
Defining issues
, 30–31
Disputants
choice whether to settle in mediation, preservation of
, 90–91
obligations to attend/engage in mediation
, 85–87
Dispute resolution
three approaches
, 2–3
Dispute Resolution Journal
, 103
Dispute Resolution Magazine
, 103
Dispute resolution processes
, 5–14
arbitration
, 6–7
choosing
, 10–14
court
, 6
hybrid
, 10
mediation. See Mediation
negotiation
, 5–6
Disputes, defined
, 1
Disruptive behavior
, 68–69
DVDs, mediation
, 55, 75
Echo or mirror reformulation
, 38
Economic force
, 2
Emotions
, 63–64
Entry-level mediator qualifications
, 91
Ethical standards for mediators, See Mediators
Evaluative mediation. See Rights-based approach to mediation
Evidence, rules of
, 29
Facilitative mediation. See Interest-based approach to mediation
Family Court Review
, 104
Federal Rule of Civil Procedure 26(b)
, 79
Federal Rule of Evidence
, 408, 79
Fees for mediator services
, 23
structure of
, 88
First offer, unwillingness to make
, 62–63
Greenbaum, Marcia
, 98
Harvard Negotiation Law Review
, 103
Hybrid dispute resolution processes
, 10
Impasse, mediator techniques for dealing with
, 69–73
Interest-based approach to mediation
, 8–9, 12, 65–66
Interests
, 3
techniques for identifying
, 30–39
Irrelevant issues, raising
, 68
Isaacson v. Isaacson
, 88
Joint or separate meetings to begin mediation
, 25–26
Journal of Dispute Resolution
, 103
Law and mediation
, 77–93
Lawyer representation in mediation
, 18
Legal standards applicable to mediation, enforcement of
, 90
Limited duration agreements
, 46
Liquidated damages
, 83
Marketing of mediation services
, 102–103
Mayer, Bernie
, 98
McEwen, Craig
, 97
Mediation
agreements, different types
, 46–50
beginning
, 27
behavioral issues
, 67–69
candor in
, 79–84
communications
, 80, 83, 89
cost of
, 12
defining and ordering issues
, 30–31
developments in
, 103–104
disputants’ obligations to attend and engage in
, 85–87
distinguished from negotiation
, 19
DVDs demonstrating mediation
, 55, 75
ending
, 54
exclusion of disputes from
, 92
getting to
, 17
impasse, techniques for breaking
, 69–73
inability of parties to reach agreement, mediator’s goal
, 59–62
interest-based approach to
, 8–9, 12, 65–66
interests and priorities, techniques for identifying
, 30–39
joint or separate meetings
, 25–26, 31–32
law and
, 77–93
lawyer representation in
, 18
one party more sympathetic/appealing
, 69
opening statements
, 30
organizations and journals, links to
, 105–106
place and time of, choosing
, 23–24
positions to interests, moving from
, 30
pre-mediation discussions/agreements
, 24–26
privilege
, 80–82
provider organizations
, 57
quality enhancement
, 91–92
reasons for choosing
, 11–14, 17
reluctance to mediate, addressing
, 18–21
rights-based approach to
, 9–10, 13, 65
rules of
, 28–30
rules of evidence, relevance
, 29
self-determination, parties’ right to
, 53–59
separate sessions
, 31–34
services, marketing of
, 102–103
venting
, 63–64
voluntary nature
, 30
Mediation service providers
list of
, 57
provision of mediators by
, 18
Mediator(s)
appearance of bias, avoiding
, 28
BATNA, aiding parties to evaluate
, 51–54
becoming
, 97–104
coaching the parties
, 43–44
confidentiality, mediator responsibility
, 83–85
conflicts of interest
, 87–88
continuing education and evaluation
, 91–92
credentials
, 101–102
disclosure by
, 22, 35–37
entry-level qualifications
, 91
ethical standards
, 77–93
fees
, 23, 88
first career, mediation as
, 99
goal
, 59–62
guidelines for conducting separate sessions
, 32–34
impartiality of
, 87–90
integrity of
, 87–90
listening, active
, 37–38
marketing of services
, 102–103
mentors
, 102
mixed professional practices
, 89
Model Standards of Conduct for Mediators
, 83–84, 87–90
Model Standards of Practice for Family and Divorce Mediation
, 84
proposals
, 48–50, 71–72
provision of by mediation service firms and courts
, 18
quality
, 91–92
questioning
, 35–37
rewards of serving as
, 97–98
role of
, 27
selection of
, 21–22
success, keys to
, 27, 100
training courses
, 100–101
unfair tentative agreement, dealing with
, 74
warning to parties of termination of mediation
, 71
Mitchell, George
, 99
Mixed professional practices
, 89
Model Standards of Conduct for Mediators, (see Mediators)
Model Standards of Practice for Family and Divorce Mediation, (see Mediators)
National Association for Community Mediation
, 103
Negotiation
, 5–6, 11
distinguished from mediation
, 19
failure of
, 13
Negotiation Journal
, 103
Non-precedent setting agreements
, 47
No separate sessions
, 34
Ohio State Journal on Dispute Resolution
, 103
Opening statements
, 30
Ordering issues
, 30–31
Over-promising
, 89–90
Parties
ability to determine mediation procedures
, 25
availability in mediation, ensuring
, 28
behavioral issues
, 67–69
best settlement proposals, encouraging
, 50–51
bringing together for final settlement effort
, 70–71
coaching of
, 43–44
continuing relationship
, 47–48
creative proposals, seeking
, 44–45
inability to reach agreement
, 59–62
involvement in mediators’ separate session
, 66–67
one more sympathetic/appealing
, 69
proposals, working with
, 45–46
self-determination in mediation
, 53–54
Place of mediation
, 23–24
Positive reformulation
, 38–39
Power
, 2
Pre-dispute resolution provisions
, 11
Pre-mediation briefs
, 24
Pre-mediation discussions/agreements
, 24–26
briefs
, 24
joint or separate meetings, begin mediation with
, 25–26
written agreements
, 24–25
Priorities, techniques for identifying
, 30–39
Privilege, mediation
, 80–82
Quality of mediation
, 91–92
Questioning by mediator
, 35–37
Reactive devaluation
, 49
Reformulation
echo or mirror
, 38
positive
, 38–39
synthesis
, 39
Reluctance to mediate, addressing
, 18–21
Rights
, 2–3
Rights-based approach to mediation
, 9–10, 13, 65
Rules of evidence in mediation
, 29
Rules of mediation
, 28–30
Self-determination in mediation
, 53–54
Separate meetings/sessions
mediation with
, 25–26, 31–32
mediator guidelines for conducting
, 32–34
parties not candid with mediator
, 66–67
Settlement
agreements between parties with continuing relationship
, 47–48
contingent agreements
, 46
creative proposals from parties, seeking
, 44–45
encouraging by focus on interests and priorities
, 50–51
freedom of choice whether to settle
, 53–54
limited duration agreements
, 46
mediator proposals
, 48–50, 71–73
trade-offs
, 46
working with parties’ proposals
, 45–46
Skills
, 100
State v. Castellano
, 81
Sympathetic parties
, 69
Synthesis reformulation
, 39
Tentative agreement
, 74
Term sheet. See Written agreements
Time of mediation
, 23–24
Trade-offs
, 46
Training courses, mediation
, 100–101
Uniform Mediation Act
, 80–82, 84, 89, 91
Venting, see Mediation
Voluntary nature of mediation
, 30
World Arbitration and Mediation Report
, 103
Written agreements
, 24–25
Zone of potential agreement (ZOPA)
, 69–70
- Prelims
- Chapter 1 Conflict, Disputes, and Their Resolution
- Chapter 2 Dispute Resolution Processes
- Chapter 3 The Roles of the Mediator and the Disputing Parties at Each Step of the Mediation Process
- Chapter 4 Dealing with Difficulties
- Chapter 5 Mediation and the Law
- Chapter 6 So You’d Like to Be a Mediator?
- Index