The Mediator's Toolkit

Formulating and Asking Questions for Successful Outcomes

Author: Gerry O'Sullivan

Publisher: New Society Publishers


Category: Law

Page: 208

View: 995

Learn how to formulate and ask penetrating, paradigm-shifting questions for successful outcomes in any conflict. Knowing how to formulate and ask incisive questions to get to the core of a conflict, challenge entrenched thinking, and shift perspectives are the main challenge for mediators and the key to successful conflict resolution. The Mediator's Toolkit employs the author's powerful "S Questions Model," to provide readers with the skills and tools to develop and ask strategic questions that result in successful outcomes in any context. The S Questions Model tool kit dives into four dimensions of successful questions for mediation: the subject matter dimension, the structure dimension, the information seeking dimension, and the shifting thinking dimension. The tool kit clearly explains: The theory behind each question type, including exploration of relevant neuroscience and psychology The purpose of different types of questions How the questions work When to use different types of questions How to build and apply questions to mediation in a non-threatening way. This essential practical guide will radically sharpen, focus, and improve the questioning skills of qualified mediators, students, lecturers, trainers, and those using questions to challenge and effect change, in any context.

The Mediators' Toolbox for Developing and Asking Questions


Publisher: Bloomsbury Professional



Page: 200

View: 841

With mediations throwing up so many different scenarios and no one mediation following the same structure as another, how do mediators know which questions to ask and when?Innovative in its approach The Mediator's Toolbox for Developing and Asking Questions provides mediators with a new model that enables them to manage the relationship between the disputing parties by 'drilling' down into their issues and identifying their needs using effective questioning thereby ensuring that the most successful outcome is achieved at the mediation.Developed by the author, the 'S Questions Model' incorporates an extensive range of question types that can be utilised by a mediator before and during a mediation. It has four stages:S1: Subject Matter Dimension of QuestionsS2: Structure Dimension of QuestionsS3: Seeking Information Dimension QuestionsS4: Shift Thinking Dimension of QuestionsWhilst there are several mediation books that include some information about the subject content of questions (S1) and the structure of a question (S2), no books have been written about the use of Clean Language questions as a tool in mediation (S3) or the model or framework that identifies and describes the types of questions that will specifically and strategically shift the thinking and perspectives of parties in mediation (S4). These are completely unique to The Mediator's Toolbox for Developing and Asking Questions.Split into two parts with Part I looking at the theoretical context for the 'S Questions Model' and its applicability to mediation and Part II illustrating how the 'S Questions Model' works in practice in mediations, The Mediator's Toolbox for Developing and Asking Questions shows mediators (whether experienced or in training) how to develop and ask powerful questions that shift the perspective and thinking of parties in conflict. It shows them how to work with integrity in a highly emotional mediation context. It emphasises that mediators will be able to get to the core of a party's conflict by using the emotions displayed by parties to reach their underlying interests, as this is where the most effective and sustainable solutions lie.The theory behind the question types, why they are asked, how they work, when they are used, and how they are built and applied to mediation are illustrated.

Mediation Ethics

From Theory to Practice

Author: Rachael Field

Publisher: Edward Elgar Publishing


Category: Law

Page: 264

View: 898

Traditional ideas of mediator neutrality and impartiality have come under increasing attack in recent decades. There is, however, a lack of consensus on what should replace them. Mediation Ethics offers a response to this question, developing a new theory of mediation that emphasises its nature as a relational process.

Nordic Mediation Research

Author: Anna Nylund

Publisher: Springer


Category: Law

Page: 269

View: 527

This open access book presents twelve unique studies on mediation from researchers in Denmark, Finland, Norway and Sweden, respectively. Each study highlights important aspects of mediation, including the role of children in family mediation, the evolution and ambivalent application of restorative justice in the Nordic countries, the confusion of roles in court-connected mediation, and the challenges in dispute systems. Over the past 20-30 years, mediation has gained in popularity in many countries around the world and is often heralded as a suitable and cost-effective mode of conflict resolution. However, as the studies in this volumes show, mediation also has a number of potential drawbacks. Parties’ self-determination may be jeopardized, affected third parties are involved in an inadequate way, and the legal regulations may be flawed. The publication can inspire research, help professionals and policymakers in the field and be used as a textbook.

Focal Points in Negotiation

Author: Rudolf Schuessler

Publisher: Springer Nature


Category: Mathematics

Page: 232

View: 754

​Focal Points in Negotiation is the first work of its kind to analyze the use of focal points beyond the controlled setting of the laboratory or the stylized context of mathematical game theory, in the real world of negotiation. It demonstrates that there are many more ways focal points influence real life situations than the specific, predetermined roles ascribed to them by game theory and rational choice. The book establishes this by identifying the numerous different, often decisive, modes in which focal points function in the various phases of complex negotiations. In doing so, it also demonstrates the necessity of a thorough understanding of focal points for mediators, negotiators, and others. A scholarly work in nature, Focal Points in Negotiation is also suitable for use in the classroom and accessible for a multidisciplinary audience.

The Blackwell Handbook of Mediation

Bridging Theory, Research, and Practice

Author: Margaret S. Herrman

Publisher: John Wiley & Sons


Category: Business & Economics

Page: 472

View: 557

This handbook invites readers who are interested in mediation,negotiation and conflict resolution to share the perspectives ofexperts in the field. Contributors include scholars, mediators, trainers andnegotiators, all of whom are passionate about their work. Emphasises both internal and external factors as importantsources of influence when negotiating conflicts. Explores the cultural and institutional frameworks that haveshaped intervention processes. Considers what techniques might work when, how and why. Demonstrates the sophistication of contemporary studies ofmediation, negotiation and conflict resolution.

Mediation Pocketbook

Author: Richard Boardman

Publisher: Management Pocketbooks


Category: Business & Economics

Page: 128

View: 743

Early intervention in a dispute, before the disagreement escalates, is often the most effective form of mediation. Consequently, the line manager or supervisor responsible for those individuals at loggerheads is frequently the best person to spot a growing problem and then to intervene. The Mediation Pocketbook will help such managers to understand what creates and sustains conflict and describes a step-by-step approach for dealing with it. The book sets out the skills that are required and what tools and techniques are available and how they can be deployed to achieve positive outcomes. The ideas and methods featured will also be helpful to HR specialists and those people with training in the subject, for when a problem demands formal mediation procedures. Individuals facing conflict and the need to persuade others to see their point of view will also benefit from the practical advice. Conflict in the workplace causes dissatisfaction and demotivation which in turn leads to greater absenteeism and affects performance. Resolving disputes constructively, rather than simply persuading people to 'agree to differ', will impact positively throughout the organisation.

Debriefing Mediators to Learn from Their Experiences

Author: Simon J. A. Mason

Publisher: US Institute of Peace Press


Category: Business & Economics

Page: 54

View: 242

The goal of this handbook is to enhance the practice of mediation by showing how lessons from individual mediators can be identified and made available both to their home organization (e.g., a foreign ministry, intergovernmental organization, or nongovernmental organization) and to a wider practitioner audience. More particularly, the handbook gives guidance to staff debriefing mediators who are or have been directly involved in peace negotiations. The focus here is not on self-assessments by the mediators themselves, nor on evaluations of the mediator's performance by external donors, nor on political or psychological debriefing. Instead, this handbook examines methodological debriefing: that is, interviews conducted with the goal of learning lessons about the mediation method from the experience of a specific mediator that are useful for future mediation processes. Methodological debriefing is typically conducted by individuals who have not been directly involved in the mediator's work and who do not seek to judge it but who want to learn the mediator's perspective on what was done and why it was done. Ideally, the mediator will also benefit from the interview by discovering something new through the questions posed, by having the opportunity to recount a challenging experience, or at least by having her or his experiences documented in a structured and objective manner.

Context Mediation Among Knowledge Discovery Components

Author: Alex Büchner

Publisher: Universal-Publishers


Category: Language Arts & Disciplines

Page: 216

View: 316

Context Mediation is a field of research that is concerned with the interchange of information across different environments, which provides a vehicle to bridge semantic gaps among disparate entities. Knowledge Discovery is concerned with the extraction of actionable information from large databases. A challenge that has received relatively little attention is knowledge discovery in a highly disparate environment, that is multiple heterogeneous data sources, multiple domain knowledge sources and multiple knowledge patterns. This thesis tackles the problem of semantic interoperability among data, domain knowledge and knowledge patterns in a knowledge discovery process using context mediation. All presented techniques, methods and models are applied in real-world scenarios, covering disciplines from a wide range of industry, namely web mining and marketing, manufacturing, meteorology and internationalisation. When feasible, industry standards were utilised, for instance ODMG, PMML and KQML. The carried out research has resulted in almost fifty international publications, including the co-authorship of a book, a journal editorship and one conference best paper award.