Mediation: Skills and Strategies

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Mediation: Skills and Strategies

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Mediation: Skills and Strategies focusses on the practical operation of the mediation process, with particular reference to the skills and techniques which can be used by mediators in their formal and informal roles as helper, facilitators, and supporters of decision making.

Recognising that mediation is not only an ‘art’ but also a process that can be “understood, analysed, learned, practiced and improved”, the authors have developed this work to assist practitioners and students of mediation to develop the problem solving, negotiation and decision making skills that are so critical for effective mediation.

Adapted for New Zealand students and practitioners from the work Mediation Skills and Techniques by Boulle and Alexander, Mediation: Skills and Strategies complements the well regarded and comprehensive work Mediation: Principles, Process, Practice also by Boulle, Goldblatt and Green. It provides an invaluable addition to the library, learning and reference resources of current and aspiring mediators.

Features

All mediator skills and techniques link to the New Zealand professional standards
Text is written in plain English
Focus is on the practical knowledge and skills
Illustrations and case studies are provided to explain important points
A range of documents and precedents are provided in the appendices

Each chapter contains:

Case illustrations
Mediator learning (highlighting key points contained in each chapter)
Tasks for new mediators
Footnotes
References
Bibliography

Professor Laurence Boulle AM is Professor of Law at the Australian Catholic University and Adjunct Professor at both the University of the Witwatersrand, Johannesburg and Bond University Australia. He is also former chair of NADRAC and a part-time member of the National Native Title Tribunal.

Virginia Goldblatt is the Director of the University Mediation Service at Massey University and a Fellow of the Arbitrators' and Mediators' Institute of New Zealand. As well as being a teacher of mediation, Virginia has been a practicing mediator for some 20 years. She also has the academic leadership of the family law mediation programme delivered under the auspices of the New Zealand Law Society though NZLS Continuing Legal Education.

Phillip Green is a practicing Barrister, Mediator and Chartered Arbitrator, Founding President and Fellow of the Arbitrators' and Mediators' Institute of New Zealand, and Director of Professional Studies for that Institute. He has over 30 years active experience in alternative dispute resolution lectured in arbitration and mediation at both Victoria University and Massey University.

Chapter 1 Mediation Skills and Strategies*

Chapter 2 Intake, Screening and Other Preliminaries*

Chapter 3 Maintaining a Favourable Climate*

Chapter 4 Diagnosing, Defining, Designing

Chapter 5 Managing the Mediation Process

Chapter 6 Assisting the Communication Dynamics

Chapter 7 Facilitating the Negotiations

Chapter 8 Encouraging Settlement

Chapter 9 Variations in the Mediation Process

Chapter 10 Special Issues in Mediation

Chapter 11 Avoiding Mediator Traps

Chapter 12 Developing a Practice and Practising Mediation