…for the new edition

As writing progresses, we’ll keep this Table of Contents file updated.
The new edition will be 24 pages longer, and probably just a half inch smaller in height & width.

We ARE leaving some things out of the new edition. If you see a favorite page missing, lobby us!
Likewise, if you see a grievous oversight in terms of something we should be adding, let us know.

Topics for each page in each chapter are listed in their proposed order.

Front Matter

Chapter 1: Overview

What is mediation?
Why does mediation work?
A basic mediation process
Our approach
Guiding principles
Process-centered mediation
The Mediator

Chapter 2: Getting to the Table

Conflicts: what’s happening?
Crossing a boundary
The conflict core
The conflict spiral
The conflict triangle
Assessing the conflict
Mediation might be fruitful when…
Be cautious about mediating when…
What Intermediary do they want?
How parties get to mediation
Bringing Parties to the table
Initial Conversations
Approaching the other parties
When YOU initiate
Address their hesitations
Should I be the mediator?
Mediating as a team or panel
Contracting With the Parties
Forms & Records
Preparing them to Participate

Chapter 3: The Mediation Process

Preparing Yourself,
Setting up,
Meeting & Seating,
Seating arrangements,
Opening,

Talking it Out

Talking it out
Listening to each perspective
Exploring the situation
Separate Meetings
When to use Separate Meetings
Separate Meetings
Building agreement
Deciding the topics
Sorting concerns into topics

Building Agreement

Building the agreement
Generating ideas
Testing for fit with Interests
Testing for workability / reality-testing
Drawing up the Agreement
Reviewing the Agreement
Sample agreement
Writing an agreement
Agreement variations
Session summary
Closing and Next Steps
Multiple sessions
Afterward: wrapping up

Mediator’s Toolbox

Working with yourself
Who you are
Staying Impartial
Staying Impartial
Your self presentation
Setting a tone
Establishing authority: yours, theirs
Confidentiality in practice
Working with others here?
Training & Evaluating?
Your mediator’s toolbox

Chapter 4: Supporting the People

Supporting the People
Setting a tone
Establishing authority: yours, theirs
Giving good attention
Elements of good attention
Watching, Noticing
Attending to the physical/energy/attention Needs
Language and hearing difficulties
Analyzing how they communicate
Understanding the dynamics of culture, Identity, and Power
Acknowledging
Encouraging
Choosing your words
Avoid this Kettle of Fish
Dealing with defensiveness and shame
Emotionally Difficult Situations

Chapter 5: Overseeing the Process

Managing the session
Directing
Directing
Should I intervene?
Setting boundaries & groundrules
Summarizing
Restating
Confronting
Protecting
Is it time to quit?
When things get out of control

Chapter 6: Solving the Problem

Asking the right questions
Negotiation terms
Interests
Layers of interests
Interests: speak to what matters
Positions
From positions to interests
Negotiation basics
Mediatable issues
Defining Issues to be resolved
Reframing their words
Eliciting ideas
Exploring alternatives
Testing for agreement
Sample agreements
When no resolution is in sight

Chapter 7: Mediation in different settings

Designing/adapting the process
Who benefits?
Who Benefits?
Mediating informally
Mediation as a profession
Mediation fields
Access
Mediating in the shadow of the law
Mediating family conflicts
Mediating divorce and custody
Elder mediation
Mediating with children or teenagers
Mediating in the workplace
Mediating employee conflicts
Multiparty mediation
Labor Mediation
Mediating in organizations
Mediating commercial disputes
Mediating public disputes
Mediating international conflicts

Appendix

Conflict intervention roles: main terms
Mediation resources
Case records
Letter to the participants
Mediator confidentiality policy
Liability and confidentiality agreement
Mediation session evaluation
Mediator evaluation
Index

Potential extra appendix pages

Sample contracts — probably online, participant evaluation