영문목차
Map of The Middle Voice=ix
Preface=xiii
Acknowledgments=xv
Part 1. Responses to Conflict
Chapter 1. The Middle Voice=3
Chapter 2. Intervener Models=5
The Compliance Officer=6
The Coach=6
Chapter 3. Patterns in Conflict : Perceptions, Parties, Problems, Processes, Principles and Practicalities=9
Perceptions=9
Parties=11
Problems=11
Processes=12
Principles=13
Practicalities=17
Power=17
Self-Interest=18
Psychological Distortions and Strategic Posturing=19
Self-protection=19
Part 2. Setting the Stage
Chapter 4. The Mediator's Job=25
Job Description of a Mediator=25
Chairperson=25
Communicator=26
Educator=27
Resource Expander=27
Agent of Reality=28
Guardian of Durable Solutions=29
Scapegoat=29
Protector of the Process=30
Job Qualifications of a Mediator=31
Chapter 5. Assessing Entry=37
PRIOR-TO Mediating : Anatomy of a Conflict=37
Parties (and Other Participants)=38
Resources=40
Issues=41
Options for Process=41
Rules Governing Behavior=42
Time Constraints for Resolution=42
Outcomes=43
The Decision to COMMIT=45
Why Would Disputants Use Mediation?=48
BADGER=50
Part 3. BADGER : Mediator Skills and Strategies
Chapter 6. Begin the Discussions=53
Set the Procedural Framework=53
Get Started=58
Informal=59
Formal=59
Chapter 7. Accumulate Information=63
Listen Carefully=64
Record Notes Selectively=64
Ask Helpful Questions=66
Start-Up Questions=66
Open-Ended Questions=67
Open-Ended but Focused Questions=67
Justification Questions=67
Leading Questions=68
Support Conversation=69
Nonverbal Communication=69
Verbal Reinforcement and Clarification=70
Mine the Conversation for "Gold"=72
Interests=74
Negotiating Issues=74
Proposals=74
Feelings=75
Principles, Values and Rules=75
Chapter 8. Develop the Discussion Strategy=77
Find Common Interests=77
Identify and Frame the Issues=78
Develop a Bargaining Agenda=83
Highlight Common Interests=84
Easy Issues First=84
Logical Categories and Sequence=86
Priority for Pressing Deadlines=87
Stability and Balance=87
Chapter 9. Generate Movement=91
Common Interests and Ideals=91
Information=93
Perspective=95
Negotiating Practices=97
The Big Picture : The Costs of Not Settling=100
Chapter 10. ELECT Separate Sessions=103
Why and When to Caucus=103
Expand the Information Base and Settlement Options=106
Lessen Intransigence=106
Encourage Evaluation=107
Confirm Movement=108
Take a "Time-Out"=108
How to Conduct a Caucus=108
The Initial Caucus Session=110
The Second Caucus Session=112
Protecting Offers of Movement=112
Protecting the Source=114
Displaying the Agreement=115
By the Parties=115
By the Mediator=116
Chapter 11. Reach Closure=119
Outcomes=119
Agreement=120
No Agreement=122
Forms of Agreement=122
Written Agreements=123
Appealing=123
Clear=125
Verbal Agreements=127
Closure to the Session=129
Part 4. The Lessons of Experience
Chapter 12. Embracing Diversity Dynamics=135
The Context of "Culture"=135
What Differences Matter?=137
Customs=137
Communication Styles=137
Habits and Practices=139
Convictions=142
Mediator Chants for Constructive Interventions : 4 B's=144
Be Aware=144
Be Careful=145
Be Respectful=146
Build Trust=146
Chapter 13. Practical Challenges and Ethical Dilemmas=149
1. Can mediation begin only after the negotiating parties have tried and failed to resolve their dispute?=149
2. Should a mediator agree to serve if the parties have unequal bargaining power?=150
3. Is the mediator responsible for the quality of the parties' agreement?=152
4. Can a mediator be neutral?=153
5. Should a mediator be active or passive?=155
6. Should a mediator identify "new" negotiating issues if the parties have not raised them themselves?=155
7. What if parties, during the mediated discussions, act in uncooperative or disruptive ways―interrupting, calling each other names, or threatening one another?=156
8. What if parties ask the mediator for her assessment of whether a particular offer of settlement is fair or reasonable?=157
9. Should a mediator ever make a formal "mediator's proposal" for settlement?=158
10. What does a mediator do if the parties have reached impasse?=159
11. What should the mediator do if she learns, as a result of caucusing with the parties, that there is overlap in what the parties are willing to settle on?=162
12. How firm and detailed must mediated agreements be?=163
13. Should a mediator agree to assume a formal role in the implementation of the agreement if the parties so request?=164
14. Must all mediated discussions take place in private?=166
15. Should mediators be licensed?=167
16. When should co-mediation be considered?=168
17. If one or more participants do not speak the language in which the mediation is being conducted, should an interpreter be used?=169
18. Does a mediator have a duty to make certain that a party makes a decision based on complete information?=170
19. Should the mediator give legal (or other professional) advice she is qualified to give when the parties request that service?=170
20. Should a mediator let one party pay her entire mediator fee?=171
Chapter 14. Conclusion=173
Recommended for Further Reading=175
Appendix Model Standards of Conduct for Mediators=177
About the Authors=185