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Test Bank (Downloadable Product) for Mediation Theory and Practice 3rd Edition By Suzanne McCorkle, Melanie J. Reese, ISBN: 9781506363547

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Downloadable Instructor Test Bank for Mediation Theory and Practice 3rd Edition McCorkle

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Test Bank for Mediation Theory and Practice 3rd Edition McCorkle

Downloadable Instructor Test Bank for Mediation Theory and Practice 3rd Edition By Suzanne McCorkle, Melanie J. Reese, ISBN: 9781506363547

Table Of Content

List of Cases, Views, and Role-Play Scenarios
Preface
Acknowledgments
About the Authors
Chapter 1: Introduction to Mediation
Why Mediation?

Benefits for the Disputants

Benefits for the Mediator

How Do People Find Their Way to Mediation?

Family Mediation

Community Mediation

Victim–Offender Mediation

School-Based Peer Mediation

Organizational Mediation

Government and Court-Annexed Mediation

Power, Rights, and Interests

Resolving through Power

Resolving through Rights

Resolving through Interests

The Dispute Resolution Continuum

Litigation

Arbitration

Med-Arb

Mediation

Informal Conflict Management

A Disclaimer about Mediation Training

Summary

Chapter Resources

Portfolio Assignment 1.1: Starting Your Mediator Portfolio

Portfolio Assignment 1.2: Personal Reflections

Chapter 2: The Basic Components of Mediation

Philosophical Assumptions

Facilitative Approach

Transformative Approach

Evaluative Approach

Comparing the Three Approaches

Functional Models

Integrating Philosophies

Variables That Make a Difference in Mediation Models

Premediation or No Premediation

Allow Uninterrupted Disputant First Statements or Control When and How Long Each Person Speaks

Allow, Require, or Forbid Private Meetings between the Mediator and the Parties

Require an Agenda before Negotiating, Negotiate as You Go, or Slide Back and Forth between Issue Identification and Negotiation

Consider the Parts of the Mediation as Functional Phases or as Chronological Steps

Focus on the Problem, Focus on the Emotions, or Balance Problems and Emotions

Prescribe Automatic First Moves within Phases or Allow Mediator Choice

Allowing or Prohibiting Parties to Speak to Each Other

Writing and Signing or Not Signing Agreements

Phases in the Balanced Mediation Model

Premediation

Mediation Session

Postmediation

Does Culture Matter in Mediation?

Summary

Chapter Resources

Portfolio Assignment 2.1: Personal Reflections on Mediation Philosophy

Portfolio Assignment 2.2: Personal Reflections on Culture

Chapter 3: Essential Skills for Mediators

An Overview of Mediator Skills

Trusting and Controlling the Process

Trusting the Process

Controlling the Process

Listening: A Bedrock Skill for Mediators

Types of Listening

Variables That Affect Listening

Skills for Listening to Content, Emotion, and Relationship

Reframing Messages

Listening to Nonverbal Communication

Clarifying and Asking Questions

Open versus Closed Questions

Genuinely Curious Questions

Honoring Silence

Listening Interculturally

Ethical Issues and Listening

Summary

Chapter Resources

Portfolio Assignment 3.1: Emotional Paraphrases

Portfolio Assignment 3.2: The Open-Ended Question

Chapter 4: Premediation Activities

Contacting Disputants

Goals to Accomplish During Intake

Education Role

Information-Gathering Role

Assessment Role

Setting the Stage

Time and Timing

Place

Environment

Summary

Chapter Resources

Portfolio Assignment 4.1: The Referral Sourcebook

Portfolio Assignment 4.2: Intake and Agreement to Mediate Forms

Chapter 5: Ethical Considerations and Tactical Preparations

Mediator Roles

Ethical Considerations in the Mediation Community

Ethical Considerations for Mediators

Neutrality and Impartiality

Reality Testing

Competence

Dual-Role Relationships

Truthfulness

Informed Choice

Conclusions about Mediator Ethics

Disputant Roles

Analyzing Stakeholders

The Mediation Plan

Common Causes of Conflict

Conflict Causes and Mediator Moves

Cultural Awareness

Summary

Chapter Resources

Portfolio Assignment 5.1: Ethical Codes of Conduct

Portfolio Assignment 5.2: Mediator Supplies

Portfolio Assignment 5.3: Personal Reflections That Deepen Cultural Awareness

Chapter 6: The Mediator’s Opening Statement

Managing Arrivals and Seating

Opening Statement Functions

Opening Statement Styles

Monologue Style

Interactive Style

Opening Statement Dynamics

Length

Order

Key Components of the Opening Statement

Welcoming

Introductions

Building Credibility

Establishing Stakeholders

Explaining the Nature and Scope of Mediation

Explaining the Mediator’s Role

Explaining the Caucus

Explaining Impartiality and Neutrality

Giving a Confidentiality Statement

Disclosing Notetaking Purposes

Establishing Ground Rules

Discuss Facilities

Discovering Time Constraints

Explaining the Role of Outside Experts

Securing the Commitment to Begin

Transitioning to Storytelling

Building Credibility and Rapport

The Relationship between Opening Statements and Mediator Control

Notetaking for Mediators

Summary

Chapter Resources

Portfolio Assignment 6.1: Creating Your Personal Opening Statement

Portfolio Assignment 6.2: Creating Your Personal Notetaking Form

Chapter 7: Storytelling and Issue Identification

Theories of Storytelling

Symbolic Interaction

Attribution Theory

Emotional Intelligence

Functions of Storytelling

The Individual

The Mediator

Mediator Strategies in Storytelling

One Storyteller at a Time

Co-Constructing Stories

General Inquiry Questions

Whole Picture Questions

The Naïve Detective

Specific Inquiry Questions

Establishing Agreed-Upon “Facts”

Weighing the Importance of Disagreements

Perspective Taking

Humor

Recognizing Turning Points

Overcoming Common Pitfalls during Storytelling

Pitfall 1: Unchecked Power Differences

Pitfall 2: Allowing Blaming and Attacking

Pitfall 3: Acting on Overstatements or Generalizations

Pitfall 4: Taking Sides

Pitfall 5: Permitting Interrupting and Bickering

Pitfall 6: Mismanaging Emotional Outbursts

Pitfall 7: Letting One Party Monopolize Time or Control the Process

Pitfall 8: Being Overwhelmed with Evidence

Conflict Causes and Mediator Moves

Summary

Chapter Resources

Portfolio Assignment 7.1: The Vision Quest

Portfolio Assignment 7.2: Reframes

Portfolio Assignment 7.3: Personal Reflection

Chapter 8: Setting the Agenda for Negotiation

Mediator’s Notes Are the Building Blocks of the Agenda

When to Shift to the Agenda Step

Components of the Agenda

The Commonality Statement

The Agenda List

Sequencing the Agenda List

Who Decides the Order of the Agenda?

Considerations When Choosing the Agenda Sequence

Adding an Issue for Continuing Relationships

Alternate Methods of Creating the Agenda

Framing the Agenda Neutrally and Mutually

Summary

Chapter Resources

Portfolio Assignment 8.1: Methods of Ordering the Agenda

Portfolio Assignment 8.2: Transitioning to the Agenda

Chapter 9: Problem Solving and Negotiation

The Two Worlds of Negotiation

Directiveness vs. Intrusiveness

Mediator Techniques to Foster Disputant Problem Solving

Starting the Negotiation

Techniques for Cooperative Negotiation

Techniques for Traditional Negotiation

Using the Caucus to Respond to Common Problems

Not Bargaining in Good Faith

Hidden Agendas

Reality Check

Lying or Withholding Information

Shuttle

Breaking Deadlocks

Analyze the Impasse

Techniques to Break through Impasse

Face-Saving

Ending the Negotiation Phase

Mediator Ethics and the Negotiation Phase

Summary

Chapter Resources

Portfolio Assignment 9.1: Questions to Start Negotiation

Portfolio Assignment 9.2: Going into Caucus

Portfolio Assignment 9.3: Personal Reflections on Face

Chapter 10: Settlement and Closure

Why Write Agreements?

Is the Agreement Legally Binding or Legally Nonbinding?

A Format for Writing Mediation Agreements

Choosing the Phrasing of the Agreement

Agreements Use Direct Language

Agreements Are Clear

Agreements Generally Are Positive

Agreements Are Impartial

Agreements Are Concrete

Agreements Arise from the Parties’ Words

Creating Durable Agreements

Contingency Agreements

Future Communication Clauses

Reality Testing

Partial Agreements

Final Reading and Signing

Closing a Nonagreement Mediation

Debriefing the Session

Summary

Chapter Resources

Portfolio Assignment 10.1: Memorandum of Agreement Form

Chapter 11: The World of the Mediator

Variations on Basic Mediation

Co-Mediation

Panels

Extended Premediation

Mediation and the Internet

Mediation as a Profession

Employment Opportunities for Mediators

Cross-Training and Life Skills

Standards of Professional Conduct

Professional Mediator Competencies

Mediation Skills in Everyday Life

Summary

Chapter Resources

Portfolio Assignment 11.1: My Current Skill Level

Appendix A: Practice Cases
Appendix B: Mediator Skills Checklist
Glossary
References
Index