New to the Third Edition: Expanded content on the role of evaluative mediation reflects the latest changes to the alternative dispute resolution field, helping students to distinguish between various approaches to mediation. Additional discussions around careers in conflict management familiarize students with employment opportunities for mediators, standards of professional conduct, and professional mediator competencies. New activities and case studies throughout each chapter assist students in developing their mediation competency. KEY FEATURES: The Balanced Mediation Model is used throughout as the philosophical approach and integrating model. Examples and case studies in every chapter illustrate key concepts and practices. The benefits of mediation training in everyday life, as well as career opportunities for mediators, are covered in Chapter 11. Chapter-ending discussion questions provide readers with opportunities to explore the intricacies of the theoretical discussions and to draw insights about the mediation process. Full role-play practice cases are provided in an Appendix.

Problem Solving and Negotiation

Problem Solving and Negotiation

9 Problem solving and negotiation
  • The Two Worlds of Negotiation 144
  • Directiveness vs. Intrusiveness 147
  • Mediator Techniques to Foster Disputant Problem Solving 148
  • Using the Caucus to Respond to Common Problems 157
  • Breaking Deadlocks 159
  • Face-Saving 161
  • Ending the Negotiation Phase 162
  • Mediator Ethics and the Negotiation Phase 163
  • Summary 164
  • Chapter Resources 164
  • Portfolio Assignment 9.1: Questions to Start Negotiation 165
  • Portfolio Assignment 9.2: Going into Caucus 165
  • Portfolio Assignment 9.3: Personal Reflection on Face 165

Be patient. Some negotiators dance fast. Some negotiators dance more slowly.

—ADR expert Eric R. Galton

Once the emotional and other barriers to settlement have moderated and the agenda is formulated, the mediator assists the disputants with problem solving and negotiation. If hurt feelings have waned, ...

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