The Effective Negotiation and Mediation of Conflict: Applied Theory and Practice Handbook

Robert D. Benjamin, M.S.W., J.D.

PART ONE: Theoretical Foundations and Practice Skills

1. Systems Theory, Conflict Systems, and Modes of Conflict Management

2. The Role of the Mediator

3. Communications Theory & Skills

4. The Conflict Terrain: Conflict Analysis and Management Strategies

5. Negotiation Theory, Strategies, and Skills

6. "Power Balance" in the Mediation Process PART TWO: Structuring the Mediation Process in Various Dispute Contexts (Forms, Graphics, Exercises, and Agreement Formats)

7. Overview of the Structure Mediation Process 8. Family and Divorce Conflicts

8.0 Applied Systems Theory: The Family Picture (Graphic)

8.1 The Initial Contact

8.2 The Consultation Session: Gaining Commitment to the Process

8.3 The First Working Session: Structuring and Organizing the Process

8.4 Parenting Responsibility Issues, Family Systems and Child Development

8.5 An Overview of the Conceptual Framing of Property Division and Financial Responsibility Issues

8.6 Property Division Issues: Basic Assets

8.7 Property Division Issues: Complex Assets

8.8 Financial Responsibility Issues

8.9 Administrative Issues and Tax Considerations

8.10 Confirming the Understanding: Preparing Effective Agreements  and the Integration of the Mediation Process with the Formal Legal Process

9. Overview: Mediation in Business and Civil Dispute Contexts (Employment/Organizational, Lane Use/Environmental, Personal Injury/Damage Claims, Health Care/Treatment)

10. Personal Injury/Damage Claims

11. Employment and Organizational Disputes

12. Health Care/Treatment Disputes

13. Environmental/Land Use Disputes PART THREE:  The Professional Practice of Mediation: Ethics, Economics, and Law

14. Ethical and Professional Issues and Standards of Practice

15. "The Law" and Legislation Relevant to Mediation Practice/Court-Related Mediation Practice

16. The Economics of Practice and the Marketing of Mediation PART FOUR:  Resources and Reference Materials

17. Professional Organizations in Dispute Resolution 18. Bibliography & Internet Resources 19. List of Forms Index

All materials contained herein are copyright Resourceful Internet Solutions, Inc., 2004.