This book provides valuable advice for sound conflict diagnosis and a professional mediation proposal, along with many practical hints and tips based on years of experience and research. Mediation in the right situations can resolve conflicts effectively. The facilitating role played by referrers is crucial. The art of referral deserves to be on the skills palette of professionals who deal with other people's conflicts in their everyday work, whether they are managers, lawyers, judges, or HR staff. They should all be able to identify opportunities for an effective mediation proposal. Research has shown that a decision to proceed to mediation is best taken in consultation with the parties to the conflict. The consultation should be preceded by a thorough diagnosis of the conflict, an investigation of the parties' interests in finding a solution by mutual agreement, and a review of the available options.
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Editorial Reviews
About the Author
As Director of the Netherlands Court-Annexed Mediation Agency, Machteld Pel has been involved in referring literally thousands of cases to mediation. She was instrumental in setting up and supervising the court-annexed mediation system in the Netherlands, and is currently supervising its consolidation nationwide. In addition to designing numerous Effective Dispute Resolution (EDR) courses for judges and lawyers, she has been directly involved in launching and assessing the performance of mediation services in the judiciary and in other fields, first in the Netherlands, and then in various other European countries. She teaches judicial settlement skills and conflict diagnosis at the Netherlands Training and Study Centre for the Judiciary (SSR), and has acted as an EDR expert in several European countries. She has been an appellate court judge and vice-president (commercial and family cases) for twenty years. She was previously a district court judge for eight years, and has, for the past twenty years, lectured on various subjects related to law and judiciary skills at universities and the SSR. Machteld Pel is an arbitrator, qualified mediator and mediation trainer. She mediates contract, commercial, employment, education, medical and family matters. She is a writer in the field, as well as a frequent speaker on EDR issues.
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Most Helpful Customer Reviews
1 of 1 people found the following review helpful:
5.0 out of 5 stars
Job well done!,
By Giuseppe De Palo (Rome, ITALY) - See all my reviews
This review is from: Referral To Mediation: A Practical Guide For An Effective Mediation Proposal (Paperback)
Very few people know the field of alternative resolution, and particularly of court-connected processes, as the author of this book - a "must read" for all interested in mediation.
This work helps understand the importance and complexity of mediation referral, and the need of specific skills in doing it effectively. Getting parties locked into a dispute to consider their options in an objective way turns out to be a very sophisticated art. In this useful and concise guide, the author shares insights and tips based on years of research and practice, focussing on asking litigants the right questions to move from impasse to resolution. Giuseppe De Palo Chairman of the Board, ADR Center (Rome, ITALY) International Professor of ADR Law and Practice, Hamline University School of Law (St Paul, USA)
5.0 out of 5 stars
Helpful resource,
By
This review is from: Referral To Mediation: A Practical Guide For An Effective Mediation Proposal (Paperback)
No other work lays out the range of times, places and people who can help parties thoughtfully consider engaging in mediation. The dynamics of conflict and the role of the person making the referral are all keenly understood and analyzed. An equal emphasis is placed on giving parties room to make their own informed decision. Obviously an author with extensive first hand knowledge to share. I found the work thought provoking as well as enormously practical.
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Inside This Book
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Key Phrases - Statistically Improbable Phrases (SIPs):
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conflicting parties and conflicts, oral referral, referral style, opting for mediation, mediation officer, mediation venue, team mediation, referral interview, mediation contract, conflict diagnosis, mediation participants, potential referrers, mediation proposal, conflict management method, proposing mediation, mediation progress, choice drivers, mediated outcome, mediation outcome, referral quality, escalation ladder, mediation option, mediation styles, employment conflicts, referral method Key Phrases - Capitalized Phrases (CAPs): (learn more)
Sdu Uitgevers, Ter Voert, Supreme Court, Multiplicity of Parties, District Court, Other Possible, Negotiated Agreement, Court of Appeal, Negotiating Space Browse Sample Pages:
Front Cover | Table of Contents | First Pages | Index | Back Cover | Surprise Me!
conflicting parties and conflicts, oral referral, referral style, opting for mediation, mediation officer, mediation venue, team mediation, referral interview, mediation contract, conflict diagnosis, mediation participants, potential referrers, mediation proposal, conflict management method, proposing mediation, mediation progress, choice drivers, mediated outcome, mediation outcome, referral quality, escalation ladder, mediation option, mediation styles, employment conflicts, referral method Key Phrases - Capitalized Phrases (CAPs): (learn more)
Sdu Uitgevers, Ter Voert, Supreme Court, Multiplicity of Parties, District Court, Other Possible, Negotiated Agreement, Court of Appeal, Negotiating Space Browse Sample Pages:
Front Cover | Table of Contents | First Pages | Index | Back Cover | Surprise Me!
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