The Mediation Field Guide: Transcending Litigation and Resolving Conflicts in Your Business or Organization / Edition 1

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Overview

Mediation is changing the way we do business around disputes. As more and more people view conflicts as problems to be solved rather than victories to be won, legal and business practices have shifted away from litigation and toward mediation as a means of dispute resolution. In The Mediation Field Guide, Barbara Ashley Phillips reveals the inner workings and potential of the mediation process and shows how to apply this versatile and powerful tool to matters touching business, organizational life, and the family. Phillips exposes the traps and stumbling blocks-such as the "lawyer culture"-that create obstacles to resolution. She explains the differences between various types of mediators and tells how to evaluate and select the right one. She examines the technique of writing agreements in mediation as well as the problems of mediating with difficult people and in difficult situations. She also documents the effectiveness of the techniques in the book with examples of specific applications in the insurance business, the construction industry, environmental and employment disputes, community disputes, business conflicts, and institutional disputes, both public and private. After a long history of moving disputants further and further apart from each other and making their exchanges increasingly ritualized and formal, the tide has turned. Conflict resolution is now everyone's business, and The Mediation Field Guide empowers everyone involved in the process—client, party, lawyer, law student, and mediator'to consciously participate in the design and development of dispute resolution systems worth having. THE AUTHOR Barbara Ashley Phillips served as Assistant United States Attorney in federal district court, Oregon, before becoming a mediator. In over twenty years of mediation practice, she has resolved complex, multi-party disputes and a wide range of sensitive issues, including cases of sexual harassment, discrimination, wrongful termination, partnership disputes, and environmental issues, in such fields as construction, computers, insurance, medicine, securities, real estate, and aviation. She offers training in the U.S. and Canada through American West Institute for Conflict Resolution and the North American Institute for Conflict Resolution. She can be contacted at www.mediate.com/baphillips.

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Editorial Reviews

From the Publisher
"Those Texas Mediators who wish to spread the culture of mediation should give this book to clients and non-mediator friends." (The Texas Mediator, 1/02)

"It is rare to find a book that is both practical and profound..." (ACResolution, Winter 2003)

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Product Details

  • ISBN-13: 9780787955717
  • Publisher: Wiley
  • Publication date: 6/20/2001
  • Edition description: 1 ED
  • Edition number: 1
  • Pages: 352
  • Product dimensions: 6.34 (w) x 9.31 (h) x 1.13 (d)

Meet the Author

BARBARA ASHLEY PHILLIPS served as Assistant United States Attorney in federal district court, Oregon, before becoming a mediator. In over twenty years of mediation practice, she has resolved complex, multi-party disputes and a wide range of sensitive issues, including cases of sexual harassment, discrimination, wrongful termination, partnership disputes, and environmental issues, in such fields as construction, computers, insurance, medicine, securities, real estate, and aviation. She offers training in the U.S. and Canada through American West Institute for Conflict Resolution and the North American Institute for Conflict Resolution. She can be contacted at www.mediate.com/baphillips.

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Table of Contents

Introduction: Mediation and Wholeness.

PART ONE: WAY BEYOND LITIGATION.

Chapter 1: The Big Shift.

Chapter 2: Mediation in Action.

Chapter 3: Strategies for War and Peace.

Chapter 4: Transformation in Mediation.

PART TWO: OBSTACLES TO RESOLUTION.

Chapter 5: Self-Made Stumbling Blocks.

Chapter 6: The Lawyer Culture.

Chapter 7: Selecting a Lawyer for Your Mediation.

PART THREE: PUTTING PRINCIPLES TO WORK.

Chapter 8: Evaluating Mediation.

Chapter 9: Selecting a Mediator.

Chapter 10: Preparing to Mediate.

Chapter 11: The Art of Mediating.

Chapter 12: Mediating Employment Matters.

Chapter 13: The Construction Industry: A Model to Ponder.

Chapter 14: Turbo-Charging Contract Negotiations.

Chapter 15: Charting Public and Private Policy.

Chapter 16: The Emerging Synthesis.

Appendix A. Exercise for Testing Perspective.

Appendix B. Writing Agreements in Mediation.

Appendix C. Cutting the Baby -
Beyond Solomon's Solution.

Appendix D. The Emotional Stages of Letting Go of Conflict.

Appendix E. Love of the Dance.

Appendix F. Simple Mediation Confidentiality Agreement.

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