The Elements of Mediation: Conflict Resolution 101
Author(s): Sharon C Leviton , James L Greenstone
Edition: 1
Copyright: 2024
Pages: 129
Edition: 1
Copyright: 2024
Pages: 126
Choose Your Platform | Help Me Choose
We would like to acknowledge the helpful comments and suggestions of the following: Susanne C. Adams, The Mediation Group, Inc.; Richard Evarts, Settlement Consultants International; W. Rodney Fowler, University of Tennessee at Chattanooga; James R. Mahalik, Boston College; Mary Finn Maples, University of Nevada; Peter E. Maynard, University of Rhode Island; Patricia McCarthy, University of Minnesota; Michael J. McMains, San Antonio Police Department, ret.; Jane R. Rosen-Grandon, Rosen Grandon As¬sociates, Inc.; Edward S. Rosenbluh, The American Academy of Crisis Interveners; Justin P. Brumit, Tarrant County College; Tyler Godoff, Yale University; Daniel Rudofossi, NYPD ret., St. John University; Melanie Grimes, Texas Mediator Credentialing Association; John Allen Chalk, Whitaker-Chalk, Attorneys at Law; and John Palmer, Texas Mediator Credentialing Association. Finally, our thanks to Claire Verduin, without whom this book would not have been possible. Special thanks from the authors to Suzanne Nardecchia Raif, our Amanuensis and “right arm.”
Sharon C. Leviton & James L. Greenstone
REVIEWS OF THE ELEMENTS OF MEDIATION: CONFLICT RESOLUTION 101:
The Elements of Mediation: Conflict Resolution 101 (“Elements”) is a treasure chest of
wisdom and practice for mediators and conflict resolvers. The authors are veterans of conflict resolution – formally and informally. They are longtime practitioners about which they also write and teach. Elements is a guide for effective mediation and conflict resolution in many walks of life and varied relationships. Elements is a handbook for tired, worn-out, and worried persons who practice peacemaking. Elements provides the reader highly practical encouragement to keep learning and working in human conditions that need renewal…The book describes hostilities, stresses, and crises that affect mediation. The authors have extensive experience with crisis intervention and that shows in the special attention given to mediator preparation for and actions in hostility and violence that can occur in mediations. Mediators are urged to take safety seriously for all the mediation participants. Mediation involves stress in party remarks and reactions. The book provides suggested actions and statements by the mediator when crisis intervention is required.John Allen Chalk, Sr. | Attorney at Law
Mediator and Arbitrator
Whitaker Chalk Attorneys and Counselors
A book such as this lends a third ear of insight with time and patience to take hold
of a combined experience of both the anima and animus of Dr’s Greenstone and Leviton as brilliant light to explore the caverns of conflict ranging from mundane, he/she said quibbles to events set in ecological niches where both parties vie for ethnological survival and winning at all costs. This combination of hubris and dominate as winners versus losers steals the elegance of peace and compromise. While this necessary book proffers the wide-ranging readership a practical guide it is marked by wisdom and creativity that mediates the desire at the core of most human beings, to paraphrase Ann Frank, most people are fundamentally good…Please get this guide and use it as a significant contribution toward our shared insight for resolution in which no winners or losers walk away sullen or gleaming but in humility of our shared interests as being all too human and I suggest, humane!Dr Daniel M Rudofossi, Psy.D., Ph.D. Licensed Psychologist NY & CA
(Retired NYPD Sgt/Uniform Psychologist) Clinical Professor St John University
About The Authors
Preface
CHAPTER ONE
Approach to Mediation
Other Interventions
Referrals from Mediation to Other Processes
Mediation + Arbitration
Mediation + Counseling
Litigation
Determine Whether the Parties Are Appropriate for Mediation
CHAPTER TWO
Prepare to Mediate
When Do Parties Choose Mediation?
How Do Cases Come to Mediation?
Who Is Eligible to Be a Mediator?
What Does the Mediator Do?
CHAPTER THREE
Preparing the Physical Setting
Choosing a Site
Arranging the Office
Arranging the Furniture
Looking for Clues
Mediator Guidelines for the Field Trip
CHAPTER FOUR
Beginning the Mediation
Purposes of the Opening Statement
Presentation of the Opening Statement
Introducing the Mediator
Establishing the Credibility of the Mediator
Introducing the Participants
Disclaiming Bias or Partiality
Explaining the Mediator’s Role and Authority
Emphasizing the Informal and Consensual Nature of the Process
Reviewing the Mediation Process
Outlining the Procedure to Be Followed
Designating the Order of Initial Presentation
Setting the Ground Rules
Explaining the Caucus and When It Might Be Used
Addressing Confidentiality and Privilege
Clarifying the Parties’ Ability and Authority to Resolve the Case
Dealing with the Logistics
Clarifying Time Commitments
Clarifying the Parties’ Willingness to Mediate in Good Faith
Answering Questions
Getting a Commitment to Begin
CHAPTER FIVE
Ventilation, Information-Gathering, Problem-Solving, and Bargaining
Bargaining and Negotiation
CHAPTER SIX
Techniques for Empowering, Caucusing, and Breaking Deadlocks
Empowering the Parties
Techniques for Equalizing and Stabilizing Power in Mediation
Using the Caucus as an Adjunct to Mediation
Thirty Reasons to Caucus
Phrases for Use in Caucusing
Mediator Guidelines for Preparing to Caucus
Breaking Deadlocks
Reasons for Impasse
Techniques for Getting Movement to Occur
Potential Outcomes of Not Reaching an Agreement
CHAPTER SEVEN
Family Conflicts
Examples of Mediation Along the Family Life Cycle
Twelve Guidelines for Use in Family Mediations
CHAPTER EIGHT
Co-Mediation
Illustrations of the Above
Mediator Guidelines for Effective Co-Mediation
CHAPTER NINE
Ethical Considerations in Mediation
CHAPTER TEN
Dealing With Hostility
CHAPTER ELEVEN
Stressors, Stress Management, and Crisis Intervention
A Proactive Approach to Minimizing the Disputants’ Stress
Crisis Recognition
Procedure for Crisis Intervention
CHAPTER TWELVE
Practical Tips for the Mediator
CHAPTER THIRTEEN
Violence in the Courtroom: Culpability, Personal Responsibility, Sensitivity, and Justice
Courtroom Risk Analysis
CHAPTER FOURTEEN
One Big Elevator: Life’s Ups and Downs
Resolving Personal Conflict
Elements of Personal Responsibility
The Conclusion
CHAPTER FIFTEEN
Conflict Defusing and De-Escalating
References
BIBLIOGRAPHY and Additional Related Readings
Sharon C. Leviton served as an Adjunct Professor of Law at Texas Wesleyan University School of Law where she taught Family Law Mediation and Crisis Management, and she is a member of the faculty of the Attorney—Mediator Institute of Houston, Texas. She was a family dispute mediator and crisis specialist in private practice in Dallas, Texas. She was one of the first mediators and trainers for the Dispute Mediation Service of Dallas in the 1980’s. She was a Practitioner Member of the Academy of Family Mediators and served as one of the organization's early training supervisors.
Dr. Leviton served as the vice chairman of the American Board of Examiners in Crisis Intervention, Executive Director of the Southwestern Academy of Crisis Interveners, and a Fellow of both the American Academy of Crisis Interveners and the Southeastern Academy of Crisis Interveners.
Dr. Leviton is a coauthor of Winning Through Accommodation: The Mediator's Handbook; Elements of Crisis Intervention; Hotline: A Crisis Intervention Directory; The Crisis Intervener's Handbook; and Crisis Intervention: Handbook for Interveners. She has edited the Crisis Intervener's Newsletter and the journal Emotional First Aid. Audiocassette series include Crisis Management and Intervener Survival; Stress Reduction: Personal Energy Management; and Training the Trainer. She has contributed chapters to Innovative Psychotherapies, The Wiley Encyclopedia of Psychology, and The Crisis Intervention Compendium and Mediation Quarterly. Dr. Leviton is a graduate of the Harvard Law School, Program on Negotiations. She has published articles, papers, and editorials in family and marital dispute mediation, psychotherapy, crisis intervention, and stress management. Dr. Leviton can be reached at Drleviton1@juno.com
James L. Greenstone served as the Fort Worth, Texas, Police Department Psychologist. He has been in active practice for 57 years. Currently, he is Professor of Disaster and Emergency Management for the Kiran C. Patel College of Osteopathic Medicine, Nova Southeastern University. His courses include conflict management, psychosocial dimensions, and law. He served as an Adjunct Professor of Law at Dallas-Fort Worth School of Law where he taught Family Law Mediation and was a member of the faculty of the Attorney–Mediator Institute of Houston, Texas. Since 1966 he has been a marriage and family psychotherapist and a family dispute mediator in private practice in Dallas, Texas and in Fort Worth, Texas. Dr. Greenstone served as national vice president of the American Academy of Crisis Interveners and the chairman of the American Board of Examiners in Crisis Intervention. He served as president of the Southwestern Academy of Crisis Interveners and editor-in-chief of The Journal of Crisis Intervention. Dr. Greenstone is a certified Master Peace Officer in the state of Texas and was the chief hostage and crisis negotiations instructor at the North Central Texas Regional Police Academy.
Dr. Greenstone served as editor-in-chief of The Journal of Police Negotiations, Crisis Management and Suicidology, and is the former editor-in-chief of The Journal of Crisis Negotiations. He has been the senior editor of the Crisis Intervener's Newsletter and editor-in-chief of the journal Emotional First Aid. He is a coauthor of Winning Through Accommodation: The Mediator's Handbook; Elements of Crisis Intervention; The Crisis Intervener's Handbook; Hotline: A Crisis Intervention Directory; Crisis Intervention: Handbook for Interveners; and The Crisis Intervention Compendium. Audiocassette series include Crisis Management and Intervener Survival; Stress Reduction: Personal Energy Management; and Training the Trainer. Dr. Greenstone has also contributed chapters to Innovative Psychotherapies, The Wiley Encyclopedia of Psychology, and Police Psychology into the Twenty-First Century. His most recent books include The Courage to Commit and Pandemia. Dr. Greenstone's professional memberships have included the Academy of Family Mediators, the Society of Professionals in Dispute Resolution, and the Alternative Dispute Resolution Sections of the American and the Texas Bar Associations. He is a graduate of the Harvard Law School, Program on Negotiations and a credentialed distinguished mediator by the Texas Mediator Credentialing Association. Dr. Greenstone can be reached at Dr.James.Greenstone@gmail.com.
The Elements of Mediation: Conflict Resolution 101 (“Elements”) is a treasure chest of
wisdom and practice for mediators and conflict resolvers. The authors are veterans of conflict resolution – formally and informally. They are longtime practitioners about which they also write and teach. Elements is a guide for effective mediation and conflict resolution in many walks of life and varied relationships. Elements is a handbook for tired, worn-out, and worried persons who practice peacemaking. Elements provides the reader highly practical encouragement to keep learning and working in human conditions that need renewal…The book describes hostilities, stresses, and crises that affect mediation. The authors have extensive experience with crisis intervention and that shows in the special attention given to mediator preparation for and actions in hostility and violence that can occur in mediations. Mediators are urged to take safety seriously for all the mediation participants. Mediation involves stress in party remarks and reactions. The book provides suggested actions and statements by the mediator when crisis intervention is required.John Allen Chalk, Sr. | Attorney at Law
Mediator and Arbitrator
Whitaker Chalk Attorneys and Counselors
A book such as this lends a third ear of insight with time and patience to take hold
of a combined experience of both the anima and animus of Dr’s Greenstone and Leviton as brilliant light to explore the caverns of conflict ranging from mundane, he/she said quibbles to events set in ecological niches where both parties vie for ethnological survival and winning at all costs. This combination of hubris and dominate as winners versus losers steals the elegance of peace and compromise. While this necessary book proffers the wide-ranging readership a practical guide it is marked by wisdom and creativity that mediates the desire at the core of most human beings, to paraphrase Ann Frank, most people are fundamentally good…Please get this guide and use it as a significant contribution toward our shared insight for resolution in which no winners or losers walk away sullen or gleaming but in humility of our shared interests as being all too human and I suggest, humane!Dr Daniel M Rudofossi, Psy.D., Ph.D. Licensed Psychologist NY & CA
(Retired NYPD Sgt/Uniform Psychologist) Clinical Professor St John University
We would like to acknowledge the helpful comments and suggestions of the following: Susanne C. Adams, The Mediation Group, Inc.; Richard Evarts, Settlement Consultants International; W. Rodney Fowler, University of Tennessee at Chattanooga; James R. Mahalik, Boston College; Mary Finn Maples, University of Nevada; Peter E. Maynard, University of Rhode Island; Patricia McCarthy, University of Minnesota; Michael J. McMains, San Antonio Police Department, ret.; Jane R. Rosen-Grandon, Rosen Grandon As¬sociates, Inc.; Edward S. Rosenbluh, The American Academy of Crisis Interveners; Justin P. Brumit, Tarrant County College; Tyler Godoff, Yale University; Daniel Rudofossi, NYPD ret., St. John University; Melanie Grimes, Texas Mediator Credentialing Association; John Allen Chalk, Whitaker-Chalk, Attorneys at Law; and John Palmer, Texas Mediator Credentialing Association. Finally, our thanks to Claire Verduin, without whom this book would not have been possible. Special thanks from the authors to Suzanne Nardecchia Raif, our Amanuensis and “right arm.”
Sharon C. Leviton & James L. Greenstone
REVIEWS OF THE ELEMENTS OF MEDIATION: CONFLICT RESOLUTION 101:
The Elements of Mediation: Conflict Resolution 101 (“Elements”) is a treasure chest of
wisdom and practice for mediators and conflict resolvers. The authors are veterans of conflict resolution – formally and informally. They are longtime practitioners about which they also write and teach. Elements is a guide for effective mediation and conflict resolution in many walks of life and varied relationships. Elements is a handbook for tired, worn-out, and worried persons who practice peacemaking. Elements provides the reader highly practical encouragement to keep learning and working in human conditions that need renewal…The book describes hostilities, stresses, and crises that affect mediation. The authors have extensive experience with crisis intervention and that shows in the special attention given to mediator preparation for and actions in hostility and violence that can occur in mediations. Mediators are urged to take safety seriously for all the mediation participants. Mediation involves stress in party remarks and reactions. The book provides suggested actions and statements by the mediator when crisis intervention is required.John Allen Chalk, Sr. | Attorney at Law
Mediator and Arbitrator
Whitaker Chalk Attorneys and Counselors
A book such as this lends a third ear of insight with time and patience to take hold
of a combined experience of both the anima and animus of Dr’s Greenstone and Leviton as brilliant light to explore the caverns of conflict ranging from mundane, he/she said quibbles to events set in ecological niches where both parties vie for ethnological survival and winning at all costs. This combination of hubris and dominate as winners versus losers steals the elegance of peace and compromise. While this necessary book proffers the wide-ranging readership a practical guide it is marked by wisdom and creativity that mediates the desire at the core of most human beings, to paraphrase Ann Frank, most people are fundamentally good…Please get this guide and use it as a significant contribution toward our shared insight for resolution in which no winners or losers walk away sullen or gleaming but in humility of our shared interests as being all too human and I suggest, humane!Dr Daniel M Rudofossi, Psy.D., Ph.D. Licensed Psychologist NY & CA
(Retired NYPD Sgt/Uniform Psychologist) Clinical Professor St John University
About The Authors
Preface
CHAPTER ONE
Approach to Mediation
Other Interventions
Referrals from Mediation to Other Processes
Mediation + Arbitration
Mediation + Counseling
Litigation
Determine Whether the Parties Are Appropriate for Mediation
CHAPTER TWO
Prepare to Mediate
When Do Parties Choose Mediation?
How Do Cases Come to Mediation?
Who Is Eligible to Be a Mediator?
What Does the Mediator Do?
CHAPTER THREE
Preparing the Physical Setting
Choosing a Site
Arranging the Office
Arranging the Furniture
Looking for Clues
Mediator Guidelines for the Field Trip
CHAPTER FOUR
Beginning the Mediation
Purposes of the Opening Statement
Presentation of the Opening Statement
Introducing the Mediator
Establishing the Credibility of the Mediator
Introducing the Participants
Disclaiming Bias or Partiality
Explaining the Mediator’s Role and Authority
Emphasizing the Informal and Consensual Nature of the Process
Reviewing the Mediation Process
Outlining the Procedure to Be Followed
Designating the Order of Initial Presentation
Setting the Ground Rules
Explaining the Caucus and When It Might Be Used
Addressing Confidentiality and Privilege
Clarifying the Parties’ Ability and Authority to Resolve the Case
Dealing with the Logistics
Clarifying Time Commitments
Clarifying the Parties’ Willingness to Mediate in Good Faith
Answering Questions
Getting a Commitment to Begin
CHAPTER FIVE
Ventilation, Information-Gathering, Problem-Solving, and Bargaining
Bargaining and Negotiation
CHAPTER SIX
Techniques for Empowering, Caucusing, and Breaking Deadlocks
Empowering the Parties
Techniques for Equalizing and Stabilizing Power in Mediation
Using the Caucus as an Adjunct to Mediation
Thirty Reasons to Caucus
Phrases for Use in Caucusing
Mediator Guidelines for Preparing to Caucus
Breaking Deadlocks
Reasons for Impasse
Techniques for Getting Movement to Occur
Potential Outcomes of Not Reaching an Agreement
CHAPTER SEVEN
Family Conflicts
Examples of Mediation Along the Family Life Cycle
Twelve Guidelines for Use in Family Mediations
CHAPTER EIGHT
Co-Mediation
Illustrations of the Above
Mediator Guidelines for Effective Co-Mediation
CHAPTER NINE
Ethical Considerations in Mediation
CHAPTER TEN
Dealing With Hostility
CHAPTER ELEVEN
Stressors, Stress Management, and Crisis Intervention
A Proactive Approach to Minimizing the Disputants’ Stress
Crisis Recognition
Procedure for Crisis Intervention
CHAPTER TWELVE
Practical Tips for the Mediator
CHAPTER THIRTEEN
Violence in the Courtroom: Culpability, Personal Responsibility, Sensitivity, and Justice
Courtroom Risk Analysis
CHAPTER FOURTEEN
One Big Elevator: Life’s Ups and Downs
Resolving Personal Conflict
Elements of Personal Responsibility
The Conclusion
CHAPTER FIFTEEN
Conflict Defusing and De-Escalating
References
BIBLIOGRAPHY and Additional Related Readings
Sharon C. Leviton served as an Adjunct Professor of Law at Texas Wesleyan University School of Law where she taught Family Law Mediation and Crisis Management, and she is a member of the faculty of the Attorney—Mediator Institute of Houston, Texas. She was a family dispute mediator and crisis specialist in private practice in Dallas, Texas. She was one of the first mediators and trainers for the Dispute Mediation Service of Dallas in the 1980’s. She was a Practitioner Member of the Academy of Family Mediators and served as one of the organization's early training supervisors.
Dr. Leviton served as the vice chairman of the American Board of Examiners in Crisis Intervention, Executive Director of the Southwestern Academy of Crisis Interveners, and a Fellow of both the American Academy of Crisis Interveners and the Southeastern Academy of Crisis Interveners.
Dr. Leviton is a coauthor of Winning Through Accommodation: The Mediator's Handbook; Elements of Crisis Intervention; Hotline: A Crisis Intervention Directory; The Crisis Intervener's Handbook; and Crisis Intervention: Handbook for Interveners. She has edited the Crisis Intervener's Newsletter and the journal Emotional First Aid. Audiocassette series include Crisis Management and Intervener Survival; Stress Reduction: Personal Energy Management; and Training the Trainer. She has contributed chapters to Innovative Psychotherapies, The Wiley Encyclopedia of Psychology, and The Crisis Intervention Compendium and Mediation Quarterly. Dr. Leviton is a graduate of the Harvard Law School, Program on Negotiations. She has published articles, papers, and editorials in family and marital dispute mediation, psychotherapy, crisis intervention, and stress management. Dr. Leviton can be reached at Drleviton1@juno.com
James L. Greenstone served as the Fort Worth, Texas, Police Department Psychologist. He has been in active practice for 57 years. Currently, he is Professor of Disaster and Emergency Management for the Kiran C. Patel College of Osteopathic Medicine, Nova Southeastern University. His courses include conflict management, psychosocial dimensions, and law. He served as an Adjunct Professor of Law at Dallas-Fort Worth School of Law where he taught Family Law Mediation and was a member of the faculty of the Attorney–Mediator Institute of Houston, Texas. Since 1966 he has been a marriage and family psychotherapist and a family dispute mediator in private practice in Dallas, Texas and in Fort Worth, Texas. Dr. Greenstone served as national vice president of the American Academy of Crisis Interveners and the chairman of the American Board of Examiners in Crisis Intervention. He served as president of the Southwestern Academy of Crisis Interveners and editor-in-chief of The Journal of Crisis Intervention. Dr. Greenstone is a certified Master Peace Officer in the state of Texas and was the chief hostage and crisis negotiations instructor at the North Central Texas Regional Police Academy.
Dr. Greenstone served as editor-in-chief of The Journal of Police Negotiations, Crisis Management and Suicidology, and is the former editor-in-chief of The Journal of Crisis Negotiations. He has been the senior editor of the Crisis Intervener's Newsletter and editor-in-chief of the journal Emotional First Aid. He is a coauthor of Winning Through Accommodation: The Mediator's Handbook; Elements of Crisis Intervention; The Crisis Intervener's Handbook; Hotline: A Crisis Intervention Directory; Crisis Intervention: Handbook for Interveners; and The Crisis Intervention Compendium. Audiocassette series include Crisis Management and Intervener Survival; Stress Reduction: Personal Energy Management; and Training the Trainer. Dr. Greenstone has also contributed chapters to Innovative Psychotherapies, The Wiley Encyclopedia of Psychology, and Police Psychology into the Twenty-First Century. His most recent books include The Courage to Commit and Pandemia. Dr. Greenstone's professional memberships have included the Academy of Family Mediators, the Society of Professionals in Dispute Resolution, and the Alternative Dispute Resolution Sections of the American and the Texas Bar Associations. He is a graduate of the Harvard Law School, Program on Negotiations and a credentialed distinguished mediator by the Texas Mediator Credentialing Association. Dr. Greenstone can be reached at Dr.James.Greenstone@gmail.com.
The Elements of Mediation: Conflict Resolution 101 (“Elements”) is a treasure chest of
wisdom and practice for mediators and conflict resolvers. The authors are veterans of conflict resolution – formally and informally. They are longtime practitioners about which they also write and teach. Elements is a guide for effective mediation and conflict resolution in many walks of life and varied relationships. Elements is a handbook for tired, worn-out, and worried persons who practice peacemaking. Elements provides the reader highly practical encouragement to keep learning and working in human conditions that need renewal…The book describes hostilities, stresses, and crises that affect mediation. The authors have extensive experience with crisis intervention and that shows in the special attention given to mediator preparation for and actions in hostility and violence that can occur in mediations. Mediators are urged to take safety seriously for all the mediation participants. Mediation involves stress in party remarks and reactions. The book provides suggested actions and statements by the mediator when crisis intervention is required.John Allen Chalk, Sr. | Attorney at Law
Mediator and Arbitrator
Whitaker Chalk Attorneys and Counselors
A book such as this lends a third ear of insight with time and patience to take hold
of a combined experience of both the anima and animus of Dr’s Greenstone and Leviton as brilliant light to explore the caverns of conflict ranging from mundane, he/she said quibbles to events set in ecological niches where both parties vie for ethnological survival and winning at all costs. This combination of hubris and dominate as winners versus losers steals the elegance of peace and compromise. While this necessary book proffers the wide-ranging readership a practical guide it is marked by wisdom and creativity that mediates the desire at the core of most human beings, to paraphrase Ann Frank, most people are fundamentally good…Please get this guide and use it as a significant contribution toward our shared insight for resolution in which no winners or losers walk away sullen or gleaming but in humility of our shared interests as being all too human and I suggest, humane!Dr Daniel M Rudofossi, Psy.D., Ph.D. Licensed Psychologist NY & CA
(Retired NYPD Sgt/Uniform Psychologist) Clinical Professor St John University