Part One draws from several traditional disciplines to provide the theoretical framework. Chapters 2 and 3 introduce systems theoretical framework to commercial mediation. Chapter 4 outlines the most common sources of conflict encountered by commercial mediators, and Chapters 5 and 6 focus on the group and personal dynamics involved in every mediation session.
Part Two provides a practical outline of the components of a commercial mediation session, from preparation to agreement, step by step, and includes sections that differentiate between positional negotiation and interest-based negotiation along with proven techniques for breaking impasse. Part Three provides practical information about the role players common to commercial mediations: lawyers, insurance adjusters, and experts, and addresses the mediator’s ethical considerations.
Finally, the Appendix contains commercial mediation forms in a ready-to-use format, ranging from scheduling and confirmation letters to a Confidential Mediation Submission and an Agreement to Mediate. The Appendix also introduces and explains the Commercial Mediator's Diagram, which allows the practitioner to conceptualize the parties' dispute graphically.
