The Elements of Mediation: Conflict Resolution 101

Edition: 1

Copyright: 2024

Pages: 129

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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

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

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

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

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