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What can a mediator do when negotiations stall? How can a mediator help participants reach the finish line? How should a mediator best respond when the parties confess that they are too far apart to settle? Is there anything a mediator can do to help the high-conflict litigant achieve resolution of his emotional case?
Mastering Mediation answers these and other pertinent questions. It delivers 50 practical, advanced tools you can use today to improve your mediation skills and to obtain more satisfying results for the participants. Within these pages you will learn innovative ways to guide negotiations, move through impasse, and stay optimistic in the midst of chaos and crisis-in short, how to become a more effective mediator or settlement conference judge. Even the most experienced mediators or judges will learn to question old assumptions, improve shop-worn techniques, and try cutting-edge approaches.
Written by a Superior Court judge and a private mediator, Mastering Mediation offers tried-and-true, practical advice for use in the real world. These techniques were gained from the authors' actual experiences and observations from conducting thousands of settlement conferences and mediations. Mastering Mediation will benefit anyone who conducts settlement negotiations in court, in private mediation, in the workplace, or any other venue where conflict exists.
About the Authors
Lynn Duryee is a Superior Court judge and Matt White is a litigator and a mediator. Both practice in San Rafael, California.
- Sales Rank: #808190 in Books
- Brand: Brand: Thomson Reuters Westlaw
- Published on: 2012-04-01
- Original language: English
- Number of items: 1
- Dimensions: .70" h x 5.40" w x 8.30" l, .83 pounds
- Binding: Paperback
- 264 pages
- Used Book in Good Condition
Most helpful customer reviews
5 of 5 people found the following review helpful.
Much More Than A "How-To" Book
By Lawrence G. Townsend
Page after page of this book is crammed with practical tools and tips on how to prepare for, participate in and successfully conclude mediations. But this is much more than a "how-to" book. While explaining in straightforward, refreshingly unpretentious and quite frequently humorous terms all the familiar scenarios of mediation reaching an impasse, the authors seem to hear and observe much more that's going on, and they share those insights in this book. It's as if coming to see nothing more than the familiar standoff--the no-way-forward impasse--is an illusion, a trap for the untrained and the unwary, bringing with it certain predictable and equally familiar assumptions and reactions from the parties and, worse yet, a mediator stuck in his ways. The authors supply fresh insights into what's really at play and what's possible, along with tools that can and will work to help the parties break through.
If you're serious about wanting to learn successful mediation, you need to have at your disposal more than superficial "techniques," checklists, or rote decision trees. What's in this book that you simply won't find in any other on the subject of mediation: an extraordinarily clear and complete understanding of not just process but of human behavior, namely, real people who find themselves in mediation, whether grizzled veterans (e.g., lawyers and insurance adjusters) or first-timers. Mastering Mediation is the lost "user manual" that details how people operate in these conditions, what drives them, what motivates them, their care and maintenance, and what the mediator can do to help them discover for themselves ways to move when they were sure they couldn't and wouldn't go any farther. That's the relatively easy task for the mediator. What's harder is moving the one in the mirror: being willing to adapt, learn, experiment, take uncharted new directions, and grow as a mediator. Time after time break-through requires the lessons taught here: the power of observation, the discipline of truly listening, knowing when and how to take action--but only as a facilitator who's checked his or her ego at the door--and when and how to get out of the way. It takes the essential ability to always see a path to settlement when absolutely no one else in the room can see it. In sum, this book teaches like no other that consistent success at the highest level is the province of only the practitioner who is versed in and committed to Mastering Mediation.
4 of 4 people found the following review helpful.
Excellent primer on how to excel at mediation
By John Corcoran
This book provides an excellent overview of techniques and strategies for bringing two or more warring parties together in agreement. In very easy-to-understand language, Superior Court Judge Lynn Duryee and private mediator and attorney Matt White explain how to ensure mediations will be successful, even if the parties have been unable to come to agreement for years and years.
What's more, the book is also filled with real world examples of past mediations where parties had specific objections to settling a dispute, and the authors explain how they were able to use creativity and persuasion to forge a lasting resolution.
I also love that the authors did a great job of injecting a dose of humor into what could otherwise be a bit dry subject, making the book quite an enjoyable read. I highly recommend it!
3 of 3 people found the following review helpful.
Behind the Curtain--How Mediators Really Work Their Magic
By Peter
This book, written by an experienced California trial judge and private mediator, offers valuable insight and suggestions for mediators intent on improving their skills. But practicing attorneys and parties headed to mediation will benefit from its behind the scenes look at the mediation process. In lucid, entertaining prose, the authors explain the tricks of the trade and what techniques the mediator may be using to persuade or cajole the parties to find common ground. With more and more civil matters now being referred to mediation, this is one book that every attorney needs to read. It is that important--and that good!
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