Mediation Behaviour: Why We Act Like We Do

by Stephen Walker

Overview

Logical or psycho-logical? Which are we when making decisions and negotiating at mediation?

We go to mediation to make peace yet prepare for war. Why? What makes us self-sabotage?

Learn which behaviours are obstacles to settlement and how to overcome them. Find out how to apply the latest research in neuroscience, behavioural economics and psychology to achieve better outcomes. Our heads, hearts and guts – which should we use and when?

More than an update and discussion of the latest research findings, Mediation Behaviour: Why We Act Like We Do is experience-based and using that shows how to resolve disputes successfully and cost-effectively.

Written from the point of the view of mediators, disputing parties, their advisers and representatives, this new title:

Investigates the role of emotions, cognitive biases and intuitions in our mediation behaviour
Identifies the behaviours that are barriers to settlement and the ones that are bridges to settlement
Shows how they affect the six mediation fundamentals: self, money, power, fairness, truth and trust
Explains how to be better at negotiation, risk analysis and persuasion
Looks in detail at the psychology of offers - how to make them and how to reject them
Explores how mediating online changes the way we do things

This book is an indispensable resource for mediators, advocates, representatives - both lawyers and non-lawyers – clients, experts, and anyone involved in conflict and conflict management.

Product Details

ISBN-13:	9781526511362
Publisher:	Bloomsbury Academic
Publication date:	02/04/2022
Pages:	376
Product dimensions:	6.69(w) x 9.61(h) x 0.78(d)

About the Author

Stephen Walker is an independent mediator ranked in the top 40 UK mediators by Chambers and Legal 500. He has conducted over 750 civil and commercial mediations and is dual accredited in the USA through INDAR. Stephen is also a Visiting Lecturer in Mediation at King's College London on the MSc in Construction Law, a solicitor of the Supreme Court of England and Wales and a fellow of the Chartered Institute of Arbitrators. He is the author of four other mediation titles published by Bloomsbury Professional. For further information please visit www.swalkermediation.com.

Table of Contents

Chapter 1 Introduction
Chapter 2 The Brain
Chapter 3 Feeling: Emotions
Chapter 4 Thinking: Cognitive Biases and Mind Traps
Chapter 5 Intuition
Chapter 6 Self
Chapter 7 Frequently Observed behaviours (FOBs): Barriers
Chapter 8 Frequently Observed behaviours (FOBs): Bridges
Chapter 9 Persuasion
Chapter 10 Prediction
Chapter 11 Perception
Chapter 12 Money
Chapter 13 Power
Chapter 14 Truth
Chapter 15 Fairness
Chapter 16 Trust
Chapter 17 The Psychology of Offers
Chapter 18 Online mediation