Mastering Mediation: 50 Essential Tools for the Advanced Practitioner

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This Aspatore legal title delivers 50 practical, advanced tools you can use today to improve your mediation skills and to obtain more satisfying results for the participants. Within these pages you will learn innovative ways to guide negotiations, move through impasse, and stay optimistic in the midst of chaos and crisis – in short, how to become a more effective mediator or settlement conference judge. Even the most experienced mediators or judges will learn to question old assumptions, improve shop-worn techniques, and try cutting-edge approaches.

Mastering Mediation: 50 Essential Tools for the Advanced Practitioner Review

Page after page of this book is crammed with practical tools and tips on how to prepare for, participate in and successfully conclude mediations. But this is much more than a "how-to" book. While explaining in straightforward, refreshingly unpretentious and quite frequently humorous terms all the familiar scenarios of mediation reaching an impasse, the authors seem to hear and observe much more that's going on, and they share those insights in this book. It's as if coming to see nothing more than the familiar standoff--the no-way-forward impasse--is an illusion, a trap for the untrained and the unwary, bringing with it certain predictable and equally familiar assumptions and reactions from the parties and, worse yet, a mediator stuck in his ways. The authors supply fresh insights into what's really at play and what's possible, along with tools that can and will work to help the parties break through.

If you're serious about wanting to learn successful mediation, you need to have at your disposal more than superficial "techniques," checklists, or rote decision trees. What's in this book that you simply won't find in any other on the subject of mediation: an extraordinarily clear and complete understanding of not just process but of human behavior, namely, real people who find themselves in mediation, whether grizzled veterans (e.g., lawyers and insurance adjusters) or first-timers. Mastering Mediation is the lost "user manual" that details how people operate in these conditions, what drives them, what motivates them, their care and maintenance, and what the mediator can do to help them discover for themselves ways to move when they were sure they couldn't and wouldn't go any farther. That's the relatively easy task for the mediator. What's harder is moving the one in the mirror: being willing to adapt, learn, experiment, take uncharted new directions, and grow as a mediator. Time after time break-through requires the lessons taught here: the power of observation, the discipline of truly listening, knowing when and how to take action--but only as a facilitator who's checked his or her ego at the door--and when and how to get out of the way. It takes the essential ability to always see a path to settlement when absolutely no one else in the room can see it. In sum, this book teaches like no other that consistent success at the highest level is the province of only the practitioner who is versed in and committed to Mastering Mediation.

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