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.

Acknowledgments xi

Introduction xiii

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

Conclusion: An Ethical Perspective and Questioning 287

Bibliography 303

About the Authors 313

Detailed Table of Contents 317

Index 323

ALAIN LEMPEREUR is Alan Slifka Professor and Director of the Conflict Resolution Program, Brandeis University, and Affiliate Faculty of the Program on Negotiation at Harvard Law School. He is a crisis mediator and has set up responsible mediation and negotiation programs worldwide for 27 years, including for humanitarian organizations.

JACQUES SALZER is a world expert in mediation, with 35 years of research and experience. He has mediated over 80 conflicts, and co-created mediation programs in universities and institutes on four continents. Most recently, he has been involved in post-war conflicts within communities of Northern Iraq, training facilitators.

AURÉLIEN COLSON is Professor of Political Science at ESSEC Business School and Director of the Institute for Research and Education on Negotiation (Paris, Brussels, Singapore). He has 22 years of experience in conflict resolution for international and European organizations from the public and private sectors.

MICHELE PEKAR is Associate Fellow at the Saïd Business School, University of Oxford. She has 25 years of experience as a leadership, negotiation and mediation practitioner, senior trainer and coach in over 20 countries. She is executive director of Co-Dev, Inc.

EUGENE B. KOGAN is a negotiation strategist who enables senior executives globally to achieve high-impact outcomes. He teaches at Harvard University’s Professional Development Programs and conducts research on crisis leadership at Harvard Business School.