Mediation Negotiation by Other Moves 1st Edition by Alain Lempereur, Jacques Salzer, Aurelien Colson, Michele Pekar, Eugene Kogan ISBN 9781119805359 111980535X

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ISBN 10: 111980535X
ISBN 13: 9781119805359
Author: Alain Lempereur, Jacques Salzer, Aurelien Colson, Michele Pekar, Eugene Kogan

In a world ridden by social divisions, responsible resolution of conflicts is more timely than ever. What happens when parties are unable to negotiate an agreement together? The next move is to invite a third party to reset the negotiations, facilitate the exchanges, rebuild a working relationship and empower the parties to explore the past, surface their present needs, invent, evaluate and choose the best solutions for the future.

Mediation: Negotiation by Other Moves brings decades of critical analysis and experience that the authors tested worldwide in international organizations, governments, NGOs, universities and corporations. You will understand mediation better, and its significance in your personal and professional life. You will be able to develop a flexible mindset and a broad outlook to achieve sustainable outcomes. This book will cover:

• Models and principles from various domains of mediation: family, business & labor, public affairs, international relations
• A mediation framework to prepare for mediation and to run its process smoothly
• A step-by-step approach to a mediation session, from the opening until a possible settlement, via the various phases of problem solving
• Mediation traps and how to avoid them–for mediators and parties alike
• Ethics of mediation and questions of responsibility

Mediation: Negotiation by Other Moves is essential reading for anyone who wishes to develop a pragmatic approach to mediation.

Mediation Negotiation by Other Moves 1st Edition Table of contents:

CHAPTER 1: THE PERIMETER: Explore Existing Mediation Practices Before Seeking Methods

The Origins of a Practice and Its Words

A Variety of Mediations

Conclusion: An Overflow of Methods or a Lack Thereof?

CHAPTER 2: THE PERTINENCE: Weigh the Pros and Cons of Mediation Before Engaging in It

Mediation Among Other Types of Third‐Party Interventions

A Past to Overcome: Seven Justifications in Favor of Mediation

A Future to Reconstruct: Seven Justifications in Favor of Mediation

CHAPTER 3: THE PRINCIPLES: Set Up Operating Principles Before Acting

The Principle of Independence Versus the Reality of Situations

The Principle of Neutrality Versus the Resort to Fairness

The Principle of Impartiality Versus the Need for Proximity

The Principle of Confidentiality Versus Potential Exceptions

The Principle of Respect for the Law Versus Spaces of Creativity

The Principle of Fairness Versus the Parties’ Self‐Determination

The Principle of Self‐Determination Versus the Mediator’s Push

CHAPTER 4: THE PREPARATION: Structure Pre‐Mediation Before Starting a Session

An Itinerary for the Pre‐Mediation Phase

A Preparation Itinerary for the Parties’ Mediation

A Preparation Itinerary for the Mediator

Notes

CHAPTER 5: THE PORTAL: Set the Stage Before Problem‐Solving

P for Presentations

O for Objectives

R for Rules of Engagement

T for Time and Stages

A for Agreement to Mediate

L for Launch!

CHAPTER 6: THE PAST TOWARD THE PRESENT: Grasp the Problems Before Seeking Mutual Recognition

First Move: Identify the Problems to Negotiate

Second Move: Uncover Motivations

Third Move: Seek Mutual Understanding

CHAPTER 7: THE PRESENT TOWARD THE FUTURE: Generate Possible Solutions Before Potentially Committing

First Move: Invent as Many Solutions as Possible

Second Move: Evaluate Solutions

Third Move: Decide – Toward a Commitment Among Parties

CHAPTER 8: THE PITFALLS: Question Practices Before Acting

The Mediator’s Initiatives: Measuring Risky Behaviors

The Parties’ Initiatives: Facing up to Critical Moments

CONCLUSION: AN ETHICAL PERSPECTIVE AND QUESTIONING

Questioning: The Philosophical Foundation of the Mediator’s Actions

The Mediator as a Powerful Ethical Model

BIBLIOGRAPHY

ABOUT THE AUTHORS

DETAILED TABLE OF CONTENTS

INDEX

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Alain Lempereur,Jacques Salzer,Aurelien Colson,Michele Pekar,Eugene Kogan,Mediation Negotiation,Other Moves