This text provides an overview of the field of mediation by recognizing that it is both an “art” (the practice) and a “science” (the theory). Beginning with an overview of the nature of conflict, the text progresses through the theoretical elements of mediation as a dispute resolution technique, including a discussion of its relationship with negotiation and justice, and ends with a discussion of the practical skills required to conduct a successful mediation. The text integrates theory and practical information, using examples taken from real-life cases, activities, and discussion questions.

This text provides an overview of the field of mediation by recognizing that it is both an ôartö (the practice) and a ôscienceö (the theory). Beginning with an overview of the nature of conflict, the text progresses through the theoretical elements of mediation as a dispute resolution technique, including a discussion of its relationship with negotiation and justice, and ends with a discussion of the practical skills required to conduct a successful mediation. The text integrates theory and practical information, using examples taken from real-life cases, activities, and discussion questions.

Mediators are often pulled in many directions—they want to help their clients reach a speedy agreement, ensure the agreement is fair, and avoid coercion so they can honor mediation’s primary value of party self-determination. Can we have it all? In this groundbreaking resource, Dan Simon and Tara West illustrate how self-determination can mean much more than the absence of coercion—it can mean the opportunity for participants to increase their sense of agency as they gain clarity and confidence to make their own decisions, including those that express their highest values. Offering psychological research, philosophical principles, and real-life mediation stories, the authors examine where self-determination belongs in relation to other values, such as fairness, protection, and efficiency, as they wrestle with how to apply their principles in particularly challenging divorces, workplace conflicts, and more. Readers will be challenged to think deeply about how their values and assumptions guide their practice, and they will be inspired to more fully embrace their commitment to self-determination.

"How to resolve conflicts and get the best out of bargaining." -- T.p. cover.

The Art of Family Mediation, now in its second edition, is a foundational text for the mediation classroom at all levels-- graduate, undergraduate, and post-graduate. Expert mediator and trainer Lynn MacBeth explains family mediation theory and technique in a clear and compelling text that blends an overview of the research and literature with her unique insights and experience in the field. To understand the magic of mediation is to understand the mysteries of family dynamics, human communication, emotional processes, and conflict management and intervention. The therapeutic aspects of mediation, together with the legal and ethical fundamentals necessary to practicing family mediation are set forth concisely in one comprehensive source, with consideration given to the laws and practices of multiple U.S. states. Important updates and additions include legal updates, new role plays, new advanced skills, and an expanded history of family mediation. A new chapter The Science of Mediation explains groundbreaking neuroscience research confirming mediation principles that have developed over the last three decades. For students, this book provides an understanding of the evolution of thought, practices, and legislation affecting family mediation. For instructors, an organized approach to the subject with case scenarios, materials, teaching tips, and questions for discussion provides one source for an established course that has endured and evolved over two decades. Professor MacBeth designed and teaches The Art of Mediation at Duquesne Law School in Pittsburgh, Pennsylvania. She is a pioneer in the mediation movement, having first received her training from the adherents of O.J. Coogler, the father of family mediation in America. She is a graduate of the University of Pittsburgh School of Law and Chatham University in Pittsburgh, Pennsylvania. She has been a mediator, trainer, and attorney for over thirty years.