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.

Settlement and Closure

Settlement and Closure

10 Settlement and closure
  • Why Write Agreements? 166
  • Is the Agreement Legally Binding or Legally Nonbinding? 166
  • A Format for Writing Mediation Agreements 168
  • Choosing the Phrasing of the Agreement 168
  • Creating Durable Agreements 172
  • Final Reading and Signing 175
  • Closing a Nonagreement Mediation 176
  • Debriefing the Session 176
  • Summary 177
  • Chapter Resources 178
  • Portfolio Assignment 10.1: Memorandum of Agreement Form 178

The final phase of the mediation process establishes the path the disputants will take after the session. Depending on how the negotiation phase unfolds, the mediator either helps the parties craft an agreement or ends the mediation without an agreement. This chapter covers the basics of agreement writing, differences in writing agreements and contracts, choosing the language for the agreement, ...

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