Jennifer E. Beer - The Mediators Handbook: Revised & Expanded

The Mediators Handbook

Copyright 2012 Jennifer E. Beer and Caroline C. Packard

All rights reserved. Published November 2012.

Cover design by Diane McIntosh
Images iStock

First printing and copyright, January 1982.
Revised 1984, 1987, 1990, 1994, 1997, 2012.

Previous editions copyright Friends Conflict Resolution Programs,
Philadelphia Yearly Meeting of the Religious Society of Friends.

ISBN: 978-0-86571-722-0
eISBN: 978-1-55092-516-6

Book design: Gregory Green and John McKercher with Jennifer Beer.
Illustrations: Elizabeth Elwood Gates, Jennifer Beer

LIBRARY AND ARCHIVES CANADA CATALOGUING IN PUBLICATION

Beer, Jennifer E.
The mediators handbook / Jennifer E. Beer & Caroline
C. Packard ; with Eileen Stief.Rev. and expanded 4th ed.

Includes index.
ISBN 978-0-86571-722-0

1. Conflict management. 2. Mediation. 3. Negotiation.
4. Interpersonal conflict. I. Packard, Caroline C.
II. Stief, Eileen III. Title.

BF637.I48B33 2012303.6'9C2012-903793-1

New Society Publishers mission is to publish books that contribute in fundamental ways to building an ecologically sustainable and just society, and to do so with the least possible impact on the environment, in a manner that models this vision. We are committed to doing this not just through education, but through action. The interior pages of our bound books are printed on Forest Stewardship Council-registered acid-free paper that is 100% post-consumer recycled (100% old growth forest-free), processed chlorine free, and printed with vegetable-based, low-VOC inks, with covers produced using FSC-registered stock. New Society also works to reduce its carbon footprint, and purchases carbon offsets based on an annual audit to ensure a carbon neutral footprint. For further information, or to browse our full list of books and purchase securely, visit our website at: www.newsociety.com

THE MEDIATORS HANDBOOK ONLINE

Want more details? To keep The Mediators Handbook portable, we have put additional topics and resources online at mediatorshandbook.com, including materials for teachers and trainers.

Table of Contents

If you have enjoyed The Mediators Handbook you might also enjoy other

BOOKS TO BUILD A NEW SOCIETY

Our books provide positive solutions for people who want to
make a difference. We specialize in:

Sustainable Living Green Building Peak Oil Renewable Energy Environment & Economy Natural Building & Appropriate Technology Progressive Leadership Resistance and Community Educational & Parenting Resources

New Society Publishers

ENVIRONMENTAL BENEFITS STATEMENT

New Society Publishers has chosen to produce this book on recycled paper made with 100% post consumer waste, processed chlorine free, and old growth free. For every 5,000 books printed, New Society saves the following resources:

Environmental benefits are calculated based on research done by the Environmental Defense Fund and other members of the Paper Task Force who study the environmental impacts of the paper industry.

For a full list of NSPs titles, please call 1-800-567-6772 or check out our website at:

www.newsociety.com

SAMPLE SITUATIONS

Toms Toys has not yet paid for a major rewiring job because they claim the work was not finished properly. The electrician, Morgan, hotly denies this, saying that Tom is just inventing excuses not to pay because his business is doing poorly. After three months, Morgan contacts a small-business mediator, hoping to deal with the matter quietly and not take it to court.

The governing board of GoodWorks is split between its visionary founder and the new chair of the board. The group is trying to set up a mediation between the two leaders, before a consultant works with the larger board.

Mediation is...

A process

for resolving disputes

where an intermediary helps

conflicting parties

have a conversation

to jointly resolve their concerns.

Process: Mediation follows an organic sequence that unfolds differently in each situation, but still has recognizable phases.

Disputes: Usually parties have specific incidents, disagreements, and concerns that have brought them to mediation, things they want changed. The mediation may also address underlying conflicts and systemic causes, if the parties want to take on that larger project.

Intermediary: Literally, one who goes between, by definition a mediator has some degree of impartiality and detachment from the outcome. Mediators guide the process; however, the parties do the work of coming up with the solutions and making the decisions.

Parties: These may be a person, a group, or a whole nationwho come as a unit to the mediation, or are represented there, and who share a common identity or interests.