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ISBN: 9781632814104
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This workbook is designed for basic mediation training. Authors Scott Hughes, Mark Bennett, and Michele Hermann take NITA's performance-based training for trial lawyers and adapt it to training for mediators. The authors have used these materials extensively in their mediation training classes at law schools and in programs open to the public.

The Art of Mediation, Second Edition, sets the mediation process in context, provides basic definitions, contrasts mediation with other forms of dispute resolution, describes varieties of mediation, and lays out roles and functions of the mediators. The book contains forms that illustrate sample agreements to mediate and final mediation agreements, plus a section containing hypothetical situations for performance training.

Reviews

"I have used the first edition of The Art of Mediation in my classes for almost a decade and I definitely intend to use the Second Edition in the future. Students like the book because it is so practical and easy to read. I like it because it presents a variety of perspectives so that students learn that there is no one right or easy way to mediate."

       — John Lande, Associate Professor and Director, LL.M. Program in Dispute Resolution, University of Missouri-Columbia School of Law Columbia

Authors / Contributors

Table of Contents

CONTENTS

PREFACE

ACKNOWLEDGMENTS

SECTION ONE: INTRODUCTION TO MEDIATION

Introduction to Section One
Mediation Defined
A Brief History of Mediation
Forms of Alternative Dispute Resolution
The Many Faces of Mediation
Selecting a Dispute Resolution Process
Mediator Job Description

SECTION TWO: THE PROCESS OF MEDIATION
Introduction to Section Two
The Process of Mediation — Overview 2
The Process of Mediation — Detailed Description

SECTION THREE: ELEMENTS OF MEDIATION
Introduction to Section Three
The Nature of Conflict
The Negotiation Process

SECTION FOUR: PRACTICAL ISSUES
Introduction to Section Four
The Profession of Mediation
The Ethics of Mediation
The Business of Mediation
The Process of Mediation

SECTION FIVE: APPENDICES
Introduction & Table of Contents
Appendix One: Ethical Materials
Appendix Two: Worksheets
Appendix Three
Part One: Agreements to Mediate
Part Two: Final Agreements
Part Three: Helpful Information
Appendix Four: Selected Bibliography

October 13, 2010