The context of mediation immediately highlights the importance of argumentation as a means to reasonably handle conflict. "Argumentation in dispute mediation" tackles this topic providing both theoretical insights and detailed empirical argumentative analysis. Its goal is twofold: to explore mediation as a real-life context of argumentation and to show how an increased argumentative awareness could improve conflict resolution.Particular emphasis is accorded to mapping mediation through an interdisciplinary reasoned review of existing accounts. The outline of a conceptual framework of mediation constitutes a solid basis for the study of argumentation in mediation. The argumentative analysis of a corpus of mediation cases, based on the pragma-dialectical account and the Argumentum Model of Topics, shows the mediator s moves which actually help conflicting parties discuss reasonably. The mediator s topical potential plays a crucial role in this relation at the levels of issue selection, evoking of cultural-contextual premises and choice of argument schemes."

Communications scholars from the University of Amsterdam and of Arizona analyze argumentation in ordinary disputes. They present an ideal model, and show how it works in an ideal situation, such as a dispute about the merits of two opposing cases. Then they start looking at the real world: ordinary conversation, third- party mediation, religious confrontations, cases in which at least one of the participants is not looking for resolution, and so on. Accessible to nonspecialists. Annotation copyright by Book News, Inc., Portland, OR

Mediation is a strong force for change that continues to grow as an alternative process for conflict management. The Third Edition of Mediation: Empowerment in Conflict Management is practical and concise, making it appropriate for college classes and training programs. The book has a clear set of theoretical principles, ideal for anyone interested in learning mediation skills. Mediation is explored as a dispute resolution option that allows conflict to be an opportunity. Special emphasis is given to the use of effective communication in mediation. New to the third edition are circular causation and modeling behaviors, dialogic communication, managing difficult behavior, mediating large groups, online dispute resolution, and pre-mediation. The book is perfect for those wanting to become certified mediators, but it is valuable for all readers— providing life skills to improve approaches to conflict in professional and personal relationships.

This book investigates the role of inference in argumentation, considering how arguments support standpoints on the basis of different loci. The authors propose and illustrate a model for the analysis of the standpoint-argument connection, called Argumentum Model of Topics (AMT). A prominent feature of the AMT is that it distinguishes, within each and every single argumentation, between an inferential-procedural component, on which the reasoning process is based; and a material-contextual component, which anchors the argument in the interlocutors’ cultural and factual common ground. The AMT explains how these components differ and how they are intertwined within each single argument. This model is introduced in Part II of the book, following a careful reconstruction of the enormously rich tradition of studies on inference in argumentation, from the antiquity to contemporary authors, without neglecting medieval and post-medieval contributions. The AMT is a contemporary model grounded in a dialogue with such tradition, whose crucial aspects are illuminated in this book.

Alternative dispute resolution (ADR) is a term embracing a number of processes that have emerged in order to cope with disputes, particularly in the commercial world. This introduction to ADR includes case histories ranging from personal injury disputes to construction litigation.

Dispute Resolution: Beyond the Adversarial Model, Third Edition provides a comprehensive look at the current state of ADR. For each area of Negotiation, Mediation, Arbitration, and Hybrid processes, the text incorporates four key aspects: the theoretical framework defining the process; the skills needed to practice it; the ethical issues implicated in its use and how to counsel users of such processes; and legal and policy analyses, with questions and problems within the text. New to the Third Edition: A shorter, more compact book designed to be student-friendly Exercises and discussion problems throughout Designed for one chapter to be covered each week of a typical ADR course The latest on Online Dispute Resolution, Dispute System Design, Supreme Court decisions on arbitration, and empirical work on mediation and negotiation Professors and students will benefit from: Comprehensive, current coverage. The theory, skills, ethical issues, and legal and policy analyses relevant to all key areas of contemporary ADR practice—Negotiation, Mediation, Arbitration, and hybrid and multi-party processes and their appropriate uses—are thoroughly covered using a rich range of up-to-date cases and readings. Authored by the leading scholars and teachers in the field of Dispute Resolution. The authors are award winning and recognized for their scholarship, teaching, practice, policy making, and standards drafting throughout the wide range of particular ADR processes. Practical approach to problem-solving. The text engages students as active participants in resolving human and legal problems, using individual or combined resolution processes in varying gender, race, and cultural contexts. International and multi-party dispute resolution. These important, high-interest contexts and applications are thoroughly covered in discrete chapters. Readings balance theory and theory-in-use. Readings include cases, behaviorally and critically based articles, examples, empirical studies, and relevant statutory and other regulatory material to illuminate the challenge of balancing rules and laws with the economic and emotional constraints inherent in disputes. Challenging, relevant readings. The text includes a wide range of perspectives, from Fisher, Ury, and Patton’s Getting to Yes, Raiffa’s Art and Science of Negotiation, and materials on modern deliberative democracy, group facilitation and decision making, counseling clients about uses of ADR, enforcement of negotiation, and mediation agreements. Key cases include AT&T v. Concepcion and other recent Supreme court cases on arbitration. Teaching materials include: Numerous role-plays and simulations for skills development Suggested teaching exercises, syllabi and “answers” to problem boxes found in text Recommendations for supplemental materials, such as videos and transcripts Examination and paper suggestions for each chapter

The third edition of Mediation Theory and Practice introduces students to mediation, the research and theory that underlie it and the foundational skills that a mediator must possess in any context.

The primary focus of the updated, second edition has not changedit embraces the narrative or storytelling approach to the study of argumentation. The first section introduces readers to rhetorical theorists and their principles. These significant contributions to the field of argumentation and debate include Aristotles views on audiences and the ethical character of an advocate, Burkes dramatistic theory of communication, Brockriedes metaphorical image of arguers, Fishers narrative paradigm, Mills guidelines for testing the causal correlation, Perelman and Obrechts-Tytecas conception of a universal audience, Rokeachs definition of values, and Toulmins model for developing and analyzing argument claims and his conception of arguments as field dependent. Hollihan and Baaskes discussions of these ideas and their applications are easy to follow, unencumbered by technical jargon, and illustrated with engaging examples drawn from current and well-known historical events. The key to the success of this text is the authors ability to show readers how foundational principles of argumentation are used in a variety of real-world situations. The second section covers specialized contexts such as academic debates, courts of law, politics, business and organizations, and interpersonal relationships. Activities that stimulate critical thinking and the implementation of the ideas discussed are provided at the end of each chapter.