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Commercial Mediation Part I: General Mediation and Negotiation Theory

1h 5m

Created on February 20, 2015

Beginner

Overview

Every building begins with a good architect and input from skilled engineers.   So, too, is the mediation process powerfully influenced by the vision, understanding and fundamental orientation of the mediator.

 

This first part of Mr. Baum's eight-part commercial mediation course opens by examining the position of mediation in the dispute resolution spectrum and considering the nature of conflict resolution.  We consider modes of coercion and freedom, processes of varying formality and informality, and degrees of autonomy or privileging of non-parties with evaluative and decision making authority.  We explore the nature of participatory processes, individual control, and the transformative nature of the mediation process.  Part I considers various views of the orientation, purpose, and role of the mediator and the nature and potential of the mediation process.  Mediator as facilitator, appropriateness of evaluation and direction, and a range of theories of mediation are considered, including: settlement master, facilitated negotiation, dialogue, understanding-based, transformative, Protean and skills-based models.  

 

Recognizing that mediators grease the wheels of parties' negotiations, Part I also provides an overview of Negotiation Theory and Skills.  We draw on contemporary insights from Fisher & Ury's "Getting to Yes" and other works from the Harvard Negotiation project as well as from time-honored wisdom traditions.  We also consider five classic modes of handling conflict and five core concerns that can trigger emotional reactions in mediation or negotiation.

 

Learning Objectives

I.    Understand mediation in the broader context of conflict resolution

II.   Develop a vision of mediation and its possibilities

III.  Comprehend the role of the mediator

IV.  Review core negotiation theory and skills

V.   Identify five conflict modes

VI.  Handle emotional triggers

VII. Foster a constructive negotiation

 

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