The Mediation Process E-Book

Christopher W. Moore

• Herausgeber: John Wiley & Sons
• Kategorie: Fachliteratur
• Sprache: Englisch

Seitenzahl: 1252

Veröffentlichungsjahr: 2014

Beschreibung

The Fourth Edition of a seminal work in the field of mediation and conflict resolution For almost thirty years, conflict resolution practitioners, faculty, and students have depended on The Mediation Process as the all-inclusive guide to the discipline. The most comprehensive book written on mediation, this text is perfect for new and experienced conflict managers working in any area of dispute resolution--family, community, employment, business, environmental, public policy multicultural, or international. This is the expert's guide, and the Fourth Edition has been expanded and revised to keep pace with developments in the field. It includes new resources that will promote excellence in mediation and help disputants reach durable agreements and enhance their working relationships. * Includes expanded information on the latest approaches for providing mediation assistance * Features comprehensive guidelines for selecting the right strategy for both common and unique problems * Utilizes updated, contemporary case studies of all types of disputes * Offers expanded coverage of the growing field and practice of intercultural and international mediation

Leseprobe

Table of Contents

Title page

Copyright page

Dedication

Preface

Audience

Overview of the Contents

Acknowledgments

Part One: Understanding Disputes, Conflict Resolution, and Mediation

1: Approaches for Managing and Resolving Disputes and Conflicts

The Whittamore-Singson Dispute

Conflict Management and Resolution Approaches and Procedures

2: The Mediation Process: Mediator Roles, Functions, Approaches, and Procedures

A Definition of Mediation

Some Variations in Mediator Relationships to Parties and Assistance

Variations of Mediators' Targets, Focus, Levels of Interventions, and Direction

“Schools” of Mediation

The Focus of the Remainder of This Book

3: The Practice of Mediation

Historical and Cultural Roots of Mediation: Religious and Customary Practices

Contemporary Practice of Mediation

Mediation Around the World

4: Conflict Analysis: Understanding the Causes of Conflicts and Opportunities for Collaboration

The Circle of Conflict: Causes of Disputes and Opportunities for Collaboration

Factors That Are Sources or Causes of Conflict and Opportunities for Collaboration

Options, Understandings, Agreements, and Outcomes

Note

5: Negotiation and Conflict Resolution

Transactional and Conflict Resolution–Oriented Negotiations

How Mediators Work with Various Orientations and Procedures for Negotiations

Part Two: Laying the Groundwork for Effective Mediation

6: The Mediation Process: An Overview

The Stages of the Mediation Process

Preparation Stages, Goals, Tasks, and Activities

Mediation Session Stages, Tasks, and Activities

7: Making Initial Contacts with Disputing Parties

Tasks of the Mediator in the Entry Stage

Implementation of Entry

8: Collecting and Analyzing Background Information

Framework for Analysis

Timing of Data Collection

The Data Collector

Data Collection Methods

Direct Observation and Site Visits

Data Collection Strategies

Interviewing Approaches

Communication and Interviewing Procedures and Skills

Recording Information

Data Collection by Co-Mediators and in Multiparty Disputes

Conflict Analysis

Presentation of Data and Analysis to Disputing Parties

Making a Go/No-Go Decision on Whether or Not to Proceed with Mediation

9: Designing a Plan for Mediation

Participants in Negotiations

Location and Venue for Mediation

Physical Arrangement of the Venue

General Consideratons for Designing a Plan for Mediatiation

Detailed Planning to Begin the First Joint Mediation Session

Thinking about Mutual Education of Parties

Developing Strategies to Respond to Possible Deadlocks

Part Three: Conducting Productive Mediation Meetings

10: Beginning Mediation

Welcoming the Parties

Handling Introductions and Opening Communications

The Mediator's Opening Statement and Discussion of Aspects of the Mediation Process

Cultural Variations

11: Presenting Parties' Initial Perspectives and Developing an Agenda

Opening Statements by Parties

Facilitation of Communication and Information Exchange in Opening Statements

Creation of a Positive Emotional Climate

Cultural Variations in Parties' Opening Statements

Framing Issues and Setting an Agenda

Identifying and Framing Issues

Variables in Framing and Reframing Issues

Framing and Reframing Broad Topic Areas for Discussion

Developing the Agenda

Handling Difficult Framing and Agenda Develolpment Issues

Cultural Approaches to Agenda Formation

12: Educating about Issues, Needs, and Interests and Framing Problems to Be Resolved

Determining What Information Needs to Be Presented and Exchanged

Where Information Should Be Presented and Exchanged

How to Promote Effective Presentations and Exchange of Information

Difficulties in Identifying Needs and Interests

Cultivating Positive Attitudes Toward Interest Exploration

Procedures for Assisting Parties to Educate Each Other and Present and Clarify Needs and Interests

Direct Procedures for Identifying Interests

Positions, Interests, and Bluffs

Interest Identification, Acceptance, and Agreement

Framing Joint Problem Statements

Cultural Approaches

13: Generating Options and Problem Solving

Development of an Awareness of the Need for Multiple Options

Detachment of Parties from Unacceptable Positions

General Approaches and Strategies for Option Generation

General Strategies for Generating Options

Specific Option-Generation Procedures

Forums for Option Generation

Option Generation in the Whittamore-Singson Case

Cultural Approaches

14: Evaluating and Refining Options for Understandings and Agreements

Evaluating Settement Ranges, Positions, and Options

Evaluation Criteria and Procedures

Recognizing and Enhancing a Positive Joint Settlement Range

Review Possible Outcomes to a Conflict

Refining Options

Option Evaluation and Refining Options in the Whittamore-Singson Case

Cultural Approaches

15: Reaching Understandings and Agreements and Achieving Closure

Strategies for Reaching Final Agreements

Incremental Convergence

Links, Trades, and Joint Development of Package Agreements

Formulas and Agreements in Principle

Leap to Agreement

Procedural Means to Reach Substantive Agreements

Mediator Assistance to Recognize and Confirm Understandings and Agreements

Reaching Substantive Closure and Formalizing the Agreement

Procedural Closure

Psychological Closure and Redefinition of Parties' Relationships

Closure, Ritual, and Symbolic Conflict Termination Activities

Reaching Agreements and Achieving Closure in the Whittamore-Singson Case

Cultural Approaches

16: Implementing and Monitoring Understandings and Agreements

Procedural Closure, Implementation, and Monitoring

Criteria for Compliance and Implementation Steps

Monitoring the Performance of Agreements

Provisions and Procedures for Resolving Future Disputes

Implementing and Monitoring Agreements in the Whittamore-Singson Case

Cultural Approaches to Monitoring

Part Four: Strategies for Responding to Special Situations

17: Strategies for Responding to Special Situations

Private Meetings

Time, Timing, and Deadlines

Mediators and Deadline Management

Exerting Mediator Influence

Management of the Negotiation Process

Power Balance between Parties

Mediation, Culture, and Gender

Grand Strategies for Responding to Temporal Sources of Conflicts

Approaches for Mediating Disputes Involving Strong Beliefs or Values

Responding to Beliefs or Values without Trying to Change Them

Respond to Beliefs and Values by Trading Satisfaction of Values or Translating Them into Interests

Respond to Beliefs and Values by Creating Tensions between Those Held by One Party

Identify Shared Superordinate Beliefs, Values, or Principles—or Create New Ones

Refer Belief and Value Conflicts to a Third-Party Decision Maker

18: Strategies for Multiparty Mediation

Negotiations and Teams

Spokesperson Models

Multiparty Negotiation Forums, Formats, and Procedures

Teams with Constituents

Part Five: Toward an Excellent Practice of Mediation

19: Toward an Excellent Practice of Mediation

Codification of the Practice of Mediation and a Written Body of Knowledge

Formal Training, University Courses, and Degrees

Private Independent Practitioners and Organizations That Provide Professional Mediation Services

Mediation and Dispute Resolution Associations

Codes of Ethics and Standards of Practice

Qualifications for Specific Areas of Practice

Regulating Entry, Practice, and Performance of Practitioners

Resource A: Professional Practice Guidelines

The Model Standards of Conduct for Mediators—2005

Notes

Resource B: Mediation Services Agreement

Resource C: Checklist for Mediator Opening Remarks/Statement

Resource D: Settlement Documentation Form

References

About the Author

More from Wiley

Index

End User License Agreement

List of Tables

Table 2.1.  Types of Mediators.

Table 8.1.  Types of Questions.

Table 8.2.  Party/Stakeholder Conflict Analysis.

Table 14.1.  Strengths of Agreements.

List of Illustrations

Figure 1.1.  Continuum of Conflict Management and Resolution Approaches and Procedures.

Figure 4.1.  The Circle of Conflict: Causes of Disputes and Opportunities for Collaboration.

Figure 4.2.  The Triangle of Satisfaction.

Figure 4.3.  Conflict Approaches, Procedures, Strategies, and Outcomes.

Figure 6.1.  The Mediation Process Roadmap.

Figure 12.1.  Joint Problem Statement.

Guide

Cover

Table of Contents

Start Reading

Preface

CHAPTER 1

Index

Pages

iv

viii

ix

x

xi

xii

xiii

xiv

xv

xvi

xvii

xviii

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

30

31

32

33

34

35

36

37

38

39

40

41

42

43

44

45

46

47

48

49

50

51

52

53

54

55

56

57

58

59

60

61

62

63

64

65

66

67

68

69

70

71

72

73

74

75

76

77

78

79

80

81

82

83

84

85

86

87

88

89

90

91

92

93

94

95

96

97

98

99

100

101

102

103

104

105

107

108

109

110

111

112

113

114

115

116

117

118

119

120

121

122

123

124

125

126

127

128

129

130

131

132

133

134

135

136

137

138

139

140

141

142

143

144

145

146

147

148

149

150

151

152

153

154

155

156

157

158

159

160

161

162

163

164

165

166

167

168

106

169

170

171

172

173

174

175

176

177

178

181

182

183

184

186

185

187

188

189

190

191

192

193

194

195

196

197

198

199

200

201

202

203

204

205

206

207

208

209

210

211

212

213

214

215

216

217

218

219

220

221

222

223

224

225

226

227

228

229

230

231

232

233

234

235

236

237

238

239

240

241

242

243

244

245

246

247

248

249

250

251

252

253

254

255

256

257

258

259

260

263

264

261

262

265

266

267

268

269

270

271

272

273

274

275

276

277

278

279

280

281

282

283

284

285

286

287

288

289

290

291

292

293

294

295

296

297

298

301

302

303

304

305

306

307

308

309

310

311

312

313

314

315

316

317

318

319

320

321

322

323

324

325

326

327

328

329

330

331

332

333

334

335

336

337

338

339

340

341

342

343

344

345

346

347

348

349

350

351

352

353

354

355

356

357

358

359

360

361

362

363

364

365

366

367

368

369

370

371

372

373

374

375

376

377

378

379

380

381

382

383

384

385

386

387

388

389

390

391

392

393

394

395

396

397

398

399

400

401

402

403

404

405

406

407

408

409

410

411

412

413

414

415

416

417

418

419

420

421

422

423

424

425

426

427

428

429

430

431

432

433

434

435

436

437

438

439

440

441

442

443

444

445

446

447

448

449

450

451

452

453

454

455

456

457

458

459

460

461

462

463

464

465

466

467

468

469

470

471

472

473

474

475

476

477

478

479

480

481

482

483

484

485

486

489

490

491

492

493

494

495

496

497

498

499

500

501

502

503

504

505

506

507

508

509

510

511

512

513

514

515

516

517

518

519

520

521

522

523

524

525

526

527

528

529

530

531

532

533

534

535

536

537

538

539

540

541

542

543

544

545

546

547

548

549

550

551

552

553

554

555

556

557

558

559

560

561

562

563

564

565

566

567

568

569

570

573

574

575

576

577

578

579

580

581

582

583

584

585

586

587

588

589

590

591

592

593

594

595

596

597

598

599

600

601

602

603

604

605

606

607

608

609

610

611

612

613

614

615

616

617

618

619

620

621

622

623

624

625

626

627

628

629

630

631

632

633

634

635

636

637

638

639

640

641

642

643

644

645

646

647

648

649

650

651

652

653

654

655

656

657

658

659

660

661

662

663

664

665

666

667

668

669

670

671

672

673

674

675

676

677

678

679

680

681

682

683

684

685

686

Cover design by Adrian Morgan

Cover image: © thinkstock

Copyright © 2014 by John Wiley and Sons. All rights reserved.

Published by Jossey-Bass

A Wiley Brand

One Montgomery Street, Suite 1200, San Francisco, CA 94104–4594—www.josseybass.com

No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording, scanning, or otherwise, except as permitted under Section 107 or 108 of the 1976 United States Copyright Act, without either the prior written permission of the publisher, or authorization through payment of the appropriate per-copy fee to the Copyright Clearance Center, Inc., 222 Rosewood Drive, Danvers, MA 01923, 978-750-8400, fax [phone], or on the Web at www.copyright.com. Requests to the publisher for permission should be addressed to the Permissions Department, John Wiley & Sons, Inc., 111 River Street, Hoboken, NJ 07030, 201-748-6011, fax [phone], or online at www.wiley.com/go/permissions.

Limit of Liability/Disclaimer of Warranty: While the publisher and author have used their best efforts in preparing this book, they make no representations or warranties with respect to the accuracy or completeness of the contents of this book and specifically disclaim any implied warranties of merchantability or fitness for a particular purpose. No warranty may be created or extended by sales representatives or written sales materials. The advice and strategies contained herein may not be suitable for your situation. You should consult with a professional where appropriate. Neither the publisher nor author shall be liable for any loss of profit or any other commercial damages, including but not limited to special, incidental, consequential, or other damages. Readers should be aware that Internet Web sites offered as citations and/or sources for further information may have changed or disappeared between the time this was written and when it is read.

Jossey-Bass books and products are available through most bookstores. To contact Jossey-Bass directly call our Customer Care Department within the U.S. at 800-956-7739, outside the U.S. at 317-572-3986, or fax [phone].

Wiley publishes in a variety of print and electronic formats and by print-on-demand. Some material included with standard print versions of this book may not be included in e-books or in print-on-demand. If this book refers to media such as a CD or DVD that is not included in the version you purchased, you may download this material at http://booksupport.wiley.com. For more information about Wiley products, visit www.wiley.com.

Library of Congress Cataloging-in-Publication Data

    Moore, Christopher W., 1947–

    The mediation process : practical strategies for resolving conflict / Christopher W. Moore. — 4th Edition.

        1 online resource.

    Includes index.

    Description based on print version record and CIP data provided by publisher; resource not viewed.

    ISBN 978-1-118-41974-8 (pdf) — ISBN 978-1-118-42152-9 (epub) — ISBN 978-1-118-30430-3 (pbk.)    1.  Mediation.    2.  Conflict management.    I.  Title.

    HM1126

    303.6'9—dc23

                                                                              2014003584

Dedication

For Susan, my life and professional partner—in play, learning, and peacemaking—and Ben and Bess, my parents, who gave me their values and supported my aspirations throughout their lives.

Preface

All interpersonal relationships, communities, organizations, societies, and nations experience disputes or conflicts at one time or another. Conflict and disputes exist when people or groups engage in competition to achieve goals that they perceive to be, or that actually are, incompatible. Conflict is not necessarily bad, abnormal, or dysfunctional; it is a fact of life. But when it goes beyond competitive behavior and acquires the additional purpose of inflicting serious physical or psychological damage on another person or group, it is then that the negative and harmful dynamics of conflict exact their full costs.

Conflicts and disputes do not inherently have to follow a destructive course; they can lead to growth and be productive for those who are involved. Whether this happens or not often depends on the participants' ability to devise mutually acceptable procedures for cooperative problem solving, their capacity to lay aside distrust and animosity while they work together to resolve differences, and on their ability to develop solutions that satisfactorily meet their individual and common needs and interests. Many people in conflict are unable to do this on their own. They often need the help of a third party, an individual or group of people who are not directly involved in the conflict, to assist then to reach mutually acceptable solutions.

Mediation, one form of third-party assistance, has long been used to help disputants voluntarily settle their differences. It has been effectively practiced in almost all periods of history, in most cultures, and used to resolve a wide variety of types of disputes. Until relatively recently, however, there have been few works that detail what mediators actually do to aid people in conflict to reach agreements.

For the past thirty-five years, I have been actively engaged as a mediator of international, public policy, environmental, ethnic, organizational, personnel, community, and family disputes, and as a conflict management consultant, trainer, and designer of dispute resolution systems. My practice has taken me across the United States, more than fifty countries in Africa, Asia, Latin America, North America, the Middle East, Eastern and Western Europe, and the South Pacific, and to multiple indigenous communities. This broad experience has convinced me that there are some common mediation principles and procedures that can be applied effectively to help address and resolve a wide range of conflicts in many contexts and cultures. My belief has been confirmed by the expanding experience and literature in the field of mediation.

There is a continuing need for integrative “how-to” books on the various ways that mediation is and can be practiced. The Mediation Process: Practical Strategies for Resolving Conflict is my contribution to meet this need. It integrates the practice and research of others and my personal experience and describes some of what we have learned about the mediation process as it has been applied in diverse contexts and settings. The contents for this fourth edition have been greatly expanded and significantly rewritten since the first, second, and third editions, to encompass some of the exciting new developments and applications of mediation in the commercial, interpersonal, and public disputes arenas, and incorporate some of what I have learned about the practice of mediation in different cultures. The book outlines how mediation fits into the larger field of dispute resolution and negotiation and presents a comprehensive, stage-by-stage sequence of activities that can be used by mediators to assist disputants to reach mutually beneficial agreements.

Audience

This book has been written for several important groups of people. First are potential or practicing mediators who are or will work in a wide variety of arenas and who have repeatedly expressed a need for a comprehensive description of mediation theory and process. The book should be helpful to future or current practitioners in international, public policy, environmental, organizational, community, family, and interpersonal mediation, as well as in many other areas of practice.

Second are professionals—lawyers, managers, therapists, social workers, planners, and teachers—who handle conflicts on a daily basis. Although these professionals may choose to become full-time mediators, they are more likely to use mediation principles and procedures as additional tools to help them within their chosen fields of work. The material presented here will aid any professional who wishes to promote cooperative problem solving between or among people or groups with whom he or she engages.

Third are people who have to negotiate solutions to complex problems. Because mediation is an extension of the negotiation process and, in fact, is a collection of techniques to promote more efficient negotiations, an understanding of the mediation process can be tremendously helpful to people directly involved in bargaining. Mediation can teach negotiators how to be cooperative rather than competitive problem solvers, facilitative negotiators, and how to achieve win-win rather than win-lose outcomes. An understanding of mediation can also aid negotiators in deciding when to call in a third party and what an intermediary can do for them. For readers who want more information on negotiation, I suggest reading The Handbook of Global and Multicultural Negotiation (San Francisco: Jossey-Bass, 2008) written by my colleague Peter Woodrow and me, as a companion volume to The Mediation Process.

Fourth are university, professional school, or college faculty members and students, and trainers and trainees presenting or participating in academic programs on dispute resolution or shorter mediation training programs. This book is suitable for use as a text in mediation, conflict resolution, law, business, management, planning, social work, counseling, education, sociology, and psychology seminars or training programs. Undergraduates as well as graduate students will find it useful in learning mediation and dispute resolution concepts and skills.

Overview of the Contents

The Mediation Process is divided into five sections and appendices. Part One, “Understanding Disputes, Conflict Resolution, and Mediation,” provides an overview of dispute resolution procedures, defines mediation, presents a variety of mediator orientations toward providing dispute resolution assistance, and describes how mediation is practiced around the world. Chapter 1, “Approaches for Managing and Resolving Disputes,” describes a spectrum of dispute resolution approaches and procedures, and when each may be appropriate means for the resolution of conflicts.

Chapter 2, “The Mediation Process: Mediator Roles, Functions, Approaches, and Procedures,” describes three broad types of mediators—social network, authoritative, and independent—the kinds of relationships they have with disputing parties, and their orientation toward providing mediation assistance in terms of eliciting input from disputants or being directive. It examines potential areas of mediator focus—substantive issues in dispute, enhancing negotiation procedures, or the psychological/relational concerns of disputants—and a number of “schools” of mediation related to each.

Chapter 3, “The Practice of Mediation,” provides an overview of the different types of disputes where mediation is being applied, and examples of the diverse practices of the process around the world. Chapter 4, “Conflict Analysis,” provides a detailed framework and process for analyzing and understanding multiple potential causes of conflicts as well as factors that promote collaboration. It presents core concepts related conflict drivers, “dividers,” and “connectors” (factors that push disputants apart or pull them together) and information about issues, needs, and interests as well as potential options and outcomes of mediation.

Chapter 5, “Negotiation and Conflict Resolution,” defines negotiation and explains how it is the context for mediation. It presents various negotiation approaches and procedures focused on relationships, positions, needs, and interests that are commonly used by negotiators to try and achieve their goals and desired outcomes.

Part Two, “Laying the Groundwork for Effective Mediation,” focuses on work conducted by mediators separately with parties to help them determine whether mediation is the appropriate method to use to resolve a specific dispute and, if so, how to prepare for joint engagement. Chapter 6, “The Mediation Process,” provides an outline of mediation procedures that will be explored in detail in the rest of the book. Chapter 7, “Making Initial Contacts with Disputing Parties,” explores various means of mediator entry. Chapter 8, “Collecting and Analyzing Background Information,” presents a range of methods, procedures, and skills that are useful for gathering data about the parties, issues and needs, and interests involved in disputes. Chapter 9, “Designing a Plan for Mediation,” explores considerations of mediators and disputing parties as they prepare for direct engagement.

Part Three, “Conducting Effective Mediation Meetings,” includes seven chapters focused on how to conduct mediation sessions with parties principally working together. Chapter 10, “Beginning Mediation,” focuses on the mediator's opening comments or statements in a joint session, and how they are used to promote productive talks. Chapter 11, “Presenting Parties' Initial Perspectives and Developing an Agenda,” explores how mediators help parties to begin talking, identify topics for future discussions, and order them into a sequence that will help promote productive deliberations.

Chapter 12, “Educating about Issues, Needs, and Interests and Framing Problems to Be Resolved,” presents a range of procedures for how to elicit detailed information about parties' issues, and understand the critical needs and interests that are important to them. It also introduces procedures for describing them—either framing or reframing—in a manner that makes them more amenable to joint problem solving.

Chapter 13, “Generating Options and Problem Solving,” explores a range of procedures that can be used by parties to develop possible solutions to their dispute. Chapter 14, “Evaluating and Refining Options for Understandings and Agreements,” presents methods that mediators can use with parties to help them to assess the viability and acceptability of some of the potential solutions or outcomes that they have developed.

Chapters 15, “Reaching Understandings and Agreements and Achieving Closure,” and 16, “Implementing and Monitoring Agreements and Understandings,” focus on the final stages of the mediation process: reaching accords and executing them. They explore in depth how mediators help parties reach substantive, procedural, or psychological/relational closure, write agreements, and promote voluntary compliance with the terms of their agreements.

Part Four, “Strategies for Responding to Special Situations,” contains two chapters. Chapter 17, with the same name as this part of the book, explores how mediators use private meetings; handle time and timing; work with cultural and gender-related issues; manage and exercise power and influence; develop grand strategies for responding to past, present, and potential future conflicts; and help parties with differing beliefs or values to productively engage with each other. Chapter 18, “Strategies for Multiparty Mediation,” examines intermediary strategies for assisting in disputes that involve multiple participants—teams, groups, or large numbers of individuals.

Part Five, “Toward an Excellent Practice of Mediation,” includes Chapter 19 with the same name as this part of the book, focuses on the process, issues, and problems related to the professionalization of mediation and how the practice has become a profession. It looks at the development of literature in the field, educational developments, qualifications of trainees and trainers, and the development of ethical codes and standards.

At the conclusion of the book are several appendices that present Professional Practice Guidelines: Model Standards of Conduct for Mediators, a sample Mediation Services Agreement, a Checklist for Mediator Opening Remarks/Statement, and a sample Settlement Documentation Form. There is also an extensive list of references for readers' further reading and research.

Acknowledgments

All knowledge is socially produced. Although I bear responsibility for the identification, elaboration, and development of the ideas presented in this book, I have clearly drawn on the experiences and advice of colleagues and researchers engaged in the practice of mediation.

The first group of people to whom I am indebted is my fellow mediators. Since 1973, when I first became involved in mediating an intense interracial community dispute, I have worked with four active groups of mediators and conflict resolvers. Each group has contributed significant insights and pushed me to develop my thinking.

First and foremost are my partners and colleagues at CDR Associates in Boulder, Colorado—Susan Wildau, Mary Margaret Golten, Bernard Mayer, Louise Smart, and Peter Woodrow—and our other program staff, notably Jonathan Bartsch, CDR's CEO, and Laura Sneeringer, my co-mediator of a recent federal regulatory negotiation. They have been my colleagues in developing and practicing many of the ideas contained in this book.

Susan Carpenter and W.J.D. Kennedy of ACCORD Associates also provided insights and support in researching and refining mediation theory and practice while I worked in the late 1970s as a mediator and director of training for that organization.

The members of the Training Action Affinity Group of the Movement for a New Society—Suzanne Terry, Stephen Parker, Peter Woodrow, and Berit Lakey—and my coauthors on the Resource Manual for a Living Revolution—Virginia Coover, Charles Esser, and Ellen Deacon—worked with me to develop intervention skills for multiparty disputes and effective training techniques in conflict resolution.

Bill Lincoln and Josh Stulberg provided my first excellent exposure to mediation training. Norman Wilson, Paul Wehr, and Martin Oppenheimer, academic colleagues, encouraged and supported my research on mediation as a graduate student. P. H. Gulliver, John Paul Lederach, Roger Fisher, and William Ury also made significant contributions to my understanding of dispute resolution, negotiation, and mediation theory and processes.

Since writing the first edition of The Mediation Process, I have had the pleasure of working with a significant number of colleagues and mediators on institutional, public policy, international, and multicultural projects. Each has broadened and influenced my views about the range of effective mediation approaches that are practiced in diverse institutional, political, and national cultures. I would specifically like to thank the following individuals for their insights, being wonderful partners and terrific practitioners in the field: Jack Lang y Marques of the Colorado Civil Rights Commission; Cindy Cruz, Zell Steever, Richard Ives, Chris Kenney, and Kevin Price of the US Bureau of Reclamation; Jerome Delli Priscoli, Lester Edelman, and Frank Carr of the US Army Corps of Engineers; Ken Acton of the Saskatchewan Mediation Service; Jack Knight and Ellen Smeiser of the Continuing Legal Education Societies of British Columbia and Saskatchewan; Mary Ann DeSoet of the Rikswaterstaat in the Netherlands; Vasu Gounden, Karthi Govender, and Jerome Sachane of the African Center for the Constructive Resolution of Disputes (ACCORD); Sandra Fowkes, a private consultant in South Africa; H. W. van der Merwe of the Centre for Intergroup Studies (currently the Centre for Dispute Resolution) in South Africa; Azikwewa Zikhalala of the Negotiation Skills Project in South Africa; Loet Dowes Dekker of the University of Witwatersrand in South Africa; Athol Jennings and Vuyi Nxasana of the Vuleka Trust in South Africa; P. B. Herat, Dhara Wijayatilake, and Kamalini de Silva, Ministry of Justice, Sri Lanka; Nilan Fernando, Dinesha de Silva, Ramani Jayasundere, Niro Nayagam, Eric Jensen, Nick Langton, and Kim Mckay, Asia Foundation, Sri Lanka; P. Dematagoda, M.N.S. Gunawardena, M. Thirunavukarusu, L. Amarajeewa, K. Ganisha Raja, M. Bandula, T.Y. Sylva, M.T. Mubaris, S. Parathasarathy, and A. De Seram of the Center for Mediation and Me­­diation Training (CMMT) in Sri Lanka; Sandra Dunsmore, Roberto Menendez, and Philip Thomas of the PROPAZ Program, Organization of American States in Guatemala; Zbjeck and Ela Czwartos, colleagues at the University of Warsaw, and Kinga Markert of Markert Mediacje in Poland; Rumen Valchev and colleagues of the Bulgarian Center for Negotiations and Conflict Resolution; Mas Achmad Santosa, Wiwiek Awiati, Mega Adam, and Takdir Ramadi of the Indonesian Center for Environmental Law (ICEL) and Indonesian Center for Conflict Transformation (ICCT); Mehmet and Ipek Gurkanyak of the Hope Foundation in Turkey: John Marks and Bonnie Pearlman of Search for Common Ground; Connie and Jeff Peck, Tim Murithi, Tricia Reidy, Hiroko Nakayama, Gao Pronove, and Lata Chandiramani, United Nations Institute for Training and Research; Gillian Martin, LEAD International; Winfried Hamacher and Stephan Paulus, GTZ Germany; Meg Taylor, Amar Inamdar, Kate Kopishke, Rachel Kyte, and Henrik Linders, Office of the Compliance Advisor/Ombudsman at the International Finance Corporation; Steve Del Rosso, Pew Charitable Trusts; Pedro de Sousa, and Edwin Urresta, Land and Property Directorate, Ministry of Justice, East Timor: Jonathan Stromseth and Ji Hongbo of the Asia Foundation, People's Republic of China; Szilard Frickska, and Antony Lamba, UN HABITAT; Fernando de Medina Rosales, Monica Sanchez Bermudez, Laura Cunial, Greg Kitt, Ana Palao, Zamina Khalilova, Greg Norton, Gabriel Sostein Bathuel, and Barbara Cole of the Norwegian Refugee Council; Dr. C.T.O. Brandy, Commissioner Lwopu Kandakai, and Kuloboh Jensen of the Liberia Land Commission; and James MacPherson, of the Bahrain Chamber of Dispute Resolution.

The individuals mentioned above are the theoretical and experiential contributors to this book. Also important are the people who edited the drafts and provide clerical support. I would like to thank my editors at Jossey-Bass—Kathe Sweeney, Mark Karmendy, and Donna J. Weinson—who ably helped me see this work through to completion, and Lieschen Gargano, CDR Associates' office manager, who provided research for references and clerical support.

A final word of thanks to Susan Wildau, my life and professional partner, for her support during writing this, and previous editions of The Mediation Process.

Christopher W. Moore

Boulder, Colorado

March, 2014

Part OneUnderstanding Disputes, Conflict Resolution, and Mediation

1Approaches for Managing and Resolving Disputes and Conflicts

disputes or conflicts occur in all human relationships, societies, and cultures. From the beginning of recorded history, there is evidence of disputes between children, spouses, neighbors, coworkers, superiors and subordinates, organizations, communities, people and their governments, ethnic and racial groups, and nations. Because of the pervasive presence of conflict and the emotional, physical, and other costs that are often associated with it, people have always sought ways to peacefully handle their differences. In seeking to manage and resolve conflicts, they have tried to develop procedures that are effective and efficient, satisfy their interests, build or change relationships for the better, minimize suffering, and control unnecessary expenditures of emotional and physical energy or tangible resources.