In the last three decades, mediation has been increasingly used in the United States and elsewhere. Much has been written about the philosophical underpinnings and ethical dilemmas of mediation as well as its applications both within judicial systems and beyond the limits of these systems. However, some very basic challenges remain: How can entrenched positions, strong emotions, and cultural differences be dealt with? Mediation expertise is truly achieved when a mediator learns to overcome these challenges through experience and intuition. To speed up the learning curve of mediation expertise, Jean Poitras and Susan Raines have benchmarked the mediation process in Expert Mediators: Overcoming Mediation Challenges in Workplace, Family, and Community Conflicts. Tapping the experience and wisdom of over 175 highly qualified mediators from across different realms of the mediation practice (e.g., family mediation, workplace mediation, commercial mediation) and across geographic regions (e.g., U.S., Australia, Europe, Israel, Canada), this book integrates best practices in order to improve the performance of mediators.
For each proposed strategy, this book discusses conditions under which each practice should be used as well as approaches to mitigate risks associated with using each strategy and technique.
Acknowledgments IntroductionWhy do we need to benchmark mediation? CHAPTER 1 Tapping expert mediators' knowledge CHAPTER 2 Dealing with parties' resistance to mediation CHAPTER 3 Dealing with mistrust among parties CHAPTER 4 Dealing with difficult attorneys CHAPTER 5 Dealing with cultural differences CHAPTER 6 Maintaining neutrality in mediation CHAPTER 7 Dealing with parties' emotions CHAPTER 8 Moving from past to future focus CHAPTER 9 Dealing with entrenched positions ConclusionHow do expert mediators mediate? References Appendix 1 Mediator Biographies About the Authors Index