Negotiation, Facilitation and Mediation:
Principles and Practices
2nd November 2011
AGENDA AND READINGS FOR MORNING
How Mediation Works
- Moore, C. W. 2003. "How mediation works" in The Mediation
Process: Practical Strategies for Resolving Conflict. San Francisco: Jossey-Bass
(3rd Edition) pp. 43-81.
- Kolb, D.M. 1994. When Talk Works: Profiles of Mediators. San Francisco:
Jossey-Bass. (i-11, 459-493) (Negotiation Materials).
Fisher, R. and Sharp, A. 1998. Getting It Done: How To Lead When You're
Not In Charge. New York: Harper.
Bush, R. and Folger, J. 2005. The Promise of Mediation: The Transformative Approach to Conflict. San Francisco: Jossey-Bass (new and revised edition from 1994)
Transformative Mediation: A Source Book - Resources for Conflict Resolution Practitioners and Programs Institute for the Study of Conflict Transformation, Inc. 2010
Bibliography of mediators
- Unassisted vs assisted negotiations.
- Video: Mediation and the dynamics of conflict (48 minutes) Chris Moore and CDR Associates.
- Circle of Conflict (Video and Figure 2.1) and GTY and hypothesis testing.
- Twelve Stages of Mediator Moves (Figure 2.3) and your case studies.
- 40-hour courses and the canon of mediation.
- Philosophies and types of negotiation and mediation.
- Types of mediator (Table 2.1, p. 42).
- Directive vs non-directive: "orchestrator" (e.g. Belman)
vs "dealmaker" (e.g. Susskind).
- Focus, goal of mediation: problem solving vs relationship building (Bush
- Insights from Kolb
- Who are the leaders in the field?
- professionals, builders of the field, users.
- Mediation process and practice is highly contingent, adaptive and responsive.
- Many factors influence choices about mediation approaches.
- "We learned that even within similar fields, little consensus is apparent on how to practice mediation" p.4
- Challenge the mythic view of mediation - a standard canon.
- Five major conclusions:
- Mediators are not a homogeneous group.
- Settlement is not primary criteria of success.
- Settlement and communication frames are used.
- They use pressure tactics and arm twisting.
- The job is inordinately stressful.