Negotiation, Facilitation and Mediation:

Principles and Practices

2nd November 2011

AGENDA AND READINGS FOR MORNING

8.00-11.30AM

How Mediation Works

Today's Reading

1. 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. (Negotiation Materials)
2. Kolb, D.M. 1994. When Talk Works: Profiles of Mediators. San Francisco: Jossey-Bass. (i-11, 459-493) (Negotiation Materials).
   

Supplementary Reading

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

Key Links

Bibliography of mediators recommended reading.

Agenda

1. Unassisted vs assisted negotiations.
2. Video: Mediation and the dynamics of conflict (48 minutes) Chris Moore and CDR Associates.
3. Circle of Conflict (Video and Figure 2.1) and GTY and hypothesis testing.
4. Twelve Stages of Mediator Moves (Figure 2.3) and your case studies.
5. 40-hour courses and the canon of mediation.
6. Philosophies and types of negotiation and mediation.
7. Types of mediator (Table 2.1, p. 42).
8. Directive vs non-directive: "orchestrator" (e.g. Belman) vs "dealmaker" (e.g. Susskind).
9. Focus, goal of mediation: problem solving vs relationship building (Bush and Folger).
10. 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.