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The Mediation Field Guide: Transcending Litigation and Resolving Conflicts in Your Business or Organization

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The Mediation Field Guide: Transcending Litigation and Resolving Conflicts in Your Business or Organization

Barbara Ashley Phillips

ISBN: 978-0-787-96098-8 March 2004 Jossey-Bass 352 Pages

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Description

At last--the definitive one-stop guide for anyone who wants to know what mediation is and how it works. The Mediation Field Guide is a comprehensive primer that is filled with practical strategies for elevating conflict resolution to a process that can effectively resolve business, personal, community, and institutional disputes on multiple levels. Throughout the book, expert mediator Barbara Ashley Phillips provides insights into both the simplicity and complexity of the inner workings of mediation that will enable you to use the process with the skill and finesse of a professional mediator.
Introduction: Mediation and Wholeness.

PART ONE: WAY BEYOND LITIGATION.

Chapter 1: The Big Shift.

Chapter 2: Mediation in Action.

Chapter 3: Strategies for War and Peace.

Chapter 4: Transformation in Mediation.

PART TWO: OBSTACLES TO RESOLUTION.

Chapter 5: Self-Made Stumbling Blocks.

Chapter 6: The Lawyer Culture.

Chapter 7: Selecting a Lawyer for Your Mediation.

PART THREE: PUTTING PRINCIPLES TO WORK.

Chapter 8: Evaluating Mediation.

Chapter 9: Selecting a Mediator.

Chapter 10: Preparing to Mediate.

Chapter 11: The Art of Mediating.

Chapter 12: Mediating Employment Matters.

Chapter 13: The Construction Industry: A Model to Ponder.

Chapter 14: Turbo-Charging Contract Negotiations.

Chapter 15: Charting Public and Private Policy.

Chapter 16: The Emerging Synthesis.

Appendix A. Exercise for Testing Perspective.

Appendix B. Writing Agreements in Mediation.

Appendix C. Cutting the Baby -
Beyond Solomon's Solution.

Appendix D. The Emotional Stages of Letting Go of Conflict.

Appendix E. Love of the Dance.

Appendix F. Simple Mediation Confidentiality Agreement.
"Those Texas Mediators who wish to spread the culture of mediationshould give this book to clients and non-mediator friends." (TheTexas Mediator, 1/02)

"It is rare to find a book that is both practical andprofound..." (ACResolution, Winter 2003)"Barbara Ashley Phillips brings together her extensive fieldexperience as a mediator and her wise, analytical perspective toprovide a practical guide about conflict and its resolution. TheMediation Field Guide exposes the feminine face of disputeresolution in a way all of us can embrace and from which we can alllearn. This is a book that should be read by anyone in a dispute orwho wants to stay out of one." --Jay Folberg, professor,University of San Francisco Law School

"This is a first-rate work on both the 'why' and the 'how' ofmediation. It is meaty, written in a refreshingly readable style,and is deserving of a very wide audience of professionals andinterested members of the public." --David B. Wexler,professor of law and director, International Network on TherapeuticJurisprudence, University of Puerto Rico, and Lyons Professor ofLaw and professor of psychology, University of Arizona

"If you want to explore below the surface of conflict, if youwant to open your heart as well as your mind; if you want todiscover real wisdom from a master mediator, this is the book foryou. Barbara Phillips is clear and profound, intelligent andattuned, expansive and insightful. Buy this book and find out why."--Kenneth Cloke, coauthor of Resolving Conflicts at Work andauthor of Mediating Dangerously

"The Mediation Field Guide has something for everyone interestedin learning about mediation's promise. Barbara Ashley Phillips'sinsights offer a lens that views the majesty of mediation in itsbroadest societal and historical context. The informed reader willbe inspired and the uninitiated will be convinced." --James J.Alfini, professor of law, Northern Illinois University and pastchair, American Bar Association Section of Dispute Resolution

"This book will be extremely useful and enlightening for anyoneinvolved or interested in mediation, whether as a client, party,lawyer, law student, or mediator. I would also highly recommend itto anyone involved in litigation, just to provide a freshperspective. Phillips does an excellent job of mixing practical,real-life examples with theory. She also has an excellent grasp ofthe historical context of and deeper philosophical issuesunderlying the new mediation paradigm she describes. One can onlyhope that her ideas and approaches to resolving human conflictsbecome widespread and universally embraced." --Susan Daicoff,associate professor of law, Florida Coastal School of Law