Mediation. Alain Lempereur
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Library of Congress Cataloging‐in‐Publication Data
Names: Lempereur, Alain, author. | Salzer, Jacques, author. | Colson, Aurélien, author. | Pekar, Michele, author. | Kogan, Eugene B., author.
Title: Mediation : negotiation by other moves / Alain Lempereur, Jacques Salzer, Aurélien Colson, Michele Pekar, Eugene B. Kogan.
Description: Chichester, West Sussex, United Kingdom : Wiley, 2021. | Includes bibliographical references and index.
Identifiers: LCCN 2021008530 (print) | LCCN 2021008531 (ebook) | ISBN 9781119768425 (cloth) | ISBN 9781119805366 (adobe pdf) | ISBN 9781119805359 (epub)
Subjects: LCSH: Mediation.
Classification: LCC K2390 .L46 2021 (print) | LCC K2390 (ebook) | DDC 303.6/9—dc23
LC record available at https://lccn.loc.gov/2021008530 LC ebook record available at https://lccn.loc.gov/2021008531
Cover Design: Wiley
I say nothing to one that I cannot say to the other, at the right time, with only a slight difference in emphasis and I report only the things that are indifferent, or known, or serve both in common. There is no reason for which I would permit myself to lie to them.
Michel de Montaigne, The Essays, 794B
Table of Contents
1 COVER
5 INTRODUCTION Conflict Authority The Other Methods An Overview of the Book
6 CHAPTER 1: THE PERIMETER: Explore Existing Mediation Practices Before Seeking Methods The Origins of a Practice and Its Words A Variety of Mediations Conclusion: An Overflow of Methods or a Lack Thereof?
7 CHAPTER 2: THE PERTINENCE: Weigh the Pros and Cons of Mediation Before Engaging in It Mediation Among Other Types of Third‐Party Interventions A Past to Overcome: Seven Justifications in Favor of Mediation A Future to Reconstruct: Seven Justifications in Favor of Mediation
8 CHAPTER 3: THE PRINCIPLES: Set Up Operating Principles Before Acting The Principle of Independence Versus the Reality of Situations The Principle of Neutrality Versus the Resort to Fairness The Principle of Impartiality Versus the Need for Proximity The Principle of Confidentiality Versus Potential Exceptions The Principle of Respect for the Law Versus Spaces of Creativity The Principle of Fairness Versus the Parties' Self‐Determination The Principle of Self‐Determination Versus the Mediator's Push
9 CHAPTER 4: THE PREPARATION: Structure Pre‐Mediation Before Starting a Session An Itinerary for the Pre‐Mediation Phase A Preparation Itinerary for the Parties' Mediation A Preparation Itinerary for the Mediator Notes
10 CHAPTER 5: THE PORTAL: Set the Stage Before Problem‐Solving P for Presentations O for Objectives R for Rules of Engagement T for Time and Stages A for Agreement to Mediate L for Launch!
11 CHAPTER 6: THE PAST TOWARD THE PRESENT: Grasp the Problems Before Seeking Mutual Recognition First Move: Identify the Problems to Negotiate Second Move: Uncover Motivations Third Move: Seek Mutual Understanding