Mediation Negotiation by Other Moves

When negotiation fails, mediation avails other moves for an amicable resolution. Whether you are a current or future mediator or a party to a conflict, this is your essential companion to the theory, concepts, and best practices of mediation.

In a world ridden by social divisions, responsible resolution of conflicts is more timely than ever. What happens when parties are unable to negotiate an agreement together? The next move is to invite a third party to reset the negotiations, facilitate the exchanges, rebuild a working relationship and empower the parties to explore the past, surface their present needs, invent, evaluate and choose the best solutions for the future.

Mediation: Negotiation by Other Moves brings decades of critical analysis and experience that the authors tested worldwide in international organizations, governments, NGOs, universities and corporations. You will understand mediation better, and its significance in your personal and professional life. You will be able to develop a flexible mindset and a broad outlook to achieve sustainable outcomes. This book will cover:

• Models and principles from various domains of mediation: family, business & labor, public affairs, international relations
• A mediation framework to prepare for mediation and to run its process smoothly
• A step-by-step approach to a mediation session, from the opening until a possible settlement, via the various phases of problem solving
• Mediation traps and how to avoid them—for mediators and parties alike
• Ethics of mediation and questions of responsibility

Mediation: Negotiation by Other Moves is essential reading for anyone who wishes to develop a pragmatic approach to mediation.

Alain Lempereur has 27 years of experience as a mediator and negotiation practitioner and academic, with a worldwide practice for international organizations, governments, and corporations. He has given conferences and training sessions on negotiation and conflict resolution to diplomats, government and business leaders in more than 30 countries. He has been in charge of consulting missions for national and international administrations, including the European Commission, the FAO, UNDP, and the World Health Organization. He has been a consultant for companies such as the Boston Consulting Group and McKinsey & Company. He is also professor and director of the conflict resolution program at Brandeis University; affiliate faculty, executive committee member and global instructor at the Harvard Program on Negotiation (PON); facilitator in the Middle East and in Africa.

Jacques Salzer has 35 years of research and experience in conflict management and mediation. As creator of the Cnam mediation training, he coordinates and collaborates in mediation courses all over the world. He participates in national and international conferences and training in various countries in Europe, Africa (North, Central and West), Middle East (last experience--Northern Iraq, July 2919).

Aurélien Colson has 22 years of experience in the field of conflict resolution as practitioner (international & European organizations, public sector, corporate sector, NGOs, in 50+ countries to date) and academic (professor of political science at ESSEC Business School, director of the Institute for research & education on negotiation-IRENE). He has done research, consulting and training for companies, public administrations, and international organizations (European Commission, The World Bank, UNDP, United Nations Institute for Training and Research, etc.), and has served as Advisor to the French Prime Minister.

Acknowledgments ix

Introduction xi

1 The Perimeter: Explore Existing Mediation Practices Before Seeking Methods 1

2 The Pertinence: Weigh the Pros and Cons of Mediation Before Engaging in It 27

3 The Principles: Set Up Operating Principles Before Acting 59

4 The Preparation: Structure Pre-Mediation Before Starting a Session 91

5 The PORTAL: Set the Stage Before Problem Solving 131

6 The Past Toward the Present: Grasp the Problems Before Seeking Mutual Recognition 165

7 The Present Toward the Future: Generate Possible Solutions Before Potentially Committing 203

8 The Pitfalls: Question Practices Before Acting 241

Detailed Table of Contents 287

Conclusion: An Ethical Perspective and Questioning 291

Bibliography 307

Index 317

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