No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, except as permitted by the UK Copyright, Designs and Patents Act 1988, without the prior permission of the publisher.
Wiley publishes in a variety of print and electronic formats and by print‐on‐demand. Some material included with standard print versions of this book may not be included in e‐books or in print‐on‐demand. If this book refers to media such as a CD or DVD that is not included in the version you purchased, you may download this material at http://booksupport.wiley.com. For more information about Wiley products, visit www.wiley.com.
Designations used by companies to distinguish their products are often claimed as trademarks. All brand names and product names used in this book are trade names, service marks, trademarks or registered trademarks of their respective owners. The publisher is not associated with any product or vendor mentioned in this book.
Limit of Liability/Disclaimer of Warranty: While the publisher and author have used their best efforts in preparing this book, they make no representations or warranties with respect to the accuracy or completeness of the contents of this book and specifically disclaim any implied warranties of merchantability or fitness for a particular purpose. It is sold on the understanding that the publisher is not engaged in rendering professional services and neither the publisher nor the author shall be liable for damages arising herefrom. If professional advice or other expert assistance is required, the services of a competent professional should be sought.
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
