How Do I Develop Mediation Skills?

Through more than 50 examples, this book introduces the practical application of mediation in 19 types of disputes, summarizes the skills, techniques and effective methods of mediation, including very practical mediation psychology, and provides a mediation dictionary and a lot of information links. ^[1]

Mediation Practices and Techniques

Introduction Part I Mediation Theory Chapter 1 Definition of Mediation 1. Meaning of mediation 2. Definition of mediation 3. Definition of mediation Mainland definition of mediation Hong Kong SAR definition 4. Comparison of two mediation definitions Target intervention mode 5. Mainland and Hong Kong SAR Comparison of definitions of mediation 6. Different reasons for the definition of mediation in the Mainland and Hong Kong SAR Colonial history Mediation development history Differences between Chinese and Western cultures 7. Definition of mediation-Conclusion 8. Advantages of mediation: Compared with litigation 9. Definition and development promotion of ADR ADR: "Conciliation" Decisive ADR: "Arbitration" and "Adjudication" Advisory ADR: "Mini-trial"
10. Summarize Chapter 2 History and Practice of Mediation 1. Overview 2. Alternative Dispute Resolution-US Chapter 3. Alternative Dispute Resolution-UK Chapter 4. Alternative Dispute Resolution-Australia Chapter 5. Alternative Methods of Sexual Dispute Resolution-Mainland China Hong Kong Special Administrative Region 6. Alternative Dispute Resolution-Singapore Chapter 7. Conclusion Chapter III Resources and Types of Mediation 1. Where to find a mediator 2. When to find a mediator 3. Mediation Professional ethics and codes of practice 4. How to become an accredited mediator training assessment accreditation 5. Mediation practice plan 6. Mediation service charges 7. How to obtain mediation services 8. Summary 9. Types of mediation promoted and assisted mediation Transformed mediation solutions Problem-based mediation or reconciliation-based mediation Assessment narrative mediation narrative peer mediation summary Chapter 4 mediation procedures Section 1 Mainland mediation procedures 1. People's mediation 2. Court mediation Application of court mediation Administrative mediation 4. Arbitration and mediation Section 2 Hong Kong Special Administrative Region mediation system 1. Mediation system 2. The parties choose a mediator 3. The pre-mediation meeting is held by the mediator and the parties' initial contact with the parties Preparation of the mediator Preparation of the parties' agents, lawyer representatives, etc. 4. The role of the mediator and the obligations of the parties involved in signing the mediation agreement, the roles and obligations of the parties to declare conflicts of interest, confidentiality clauses, the termination of the mediation costs, the legal effect of the mediation 5. Preparation for the first joint meeting. Preparation of the mediator. Preparation of the parties. 6. Start of the joint meeting. Mediators begin mediation submissions. The parties state the differences between the consensus and the parties to the dispute. 7. Mediation decisions. 7. Individual meetings or separate meetings. Reached a consensus: Section 3 of the settlement agreement. Taiwan's mediation procedures in China 1. Pre-litigation mediation procedures 2. Litigation mediation procedures 3. Summary Chapter V Hong Kong mediation legislation, practice and cases 1. Agreement to Mediate
Case 5-1: Case concerning confidentiality of mediation communication (Sand T \ (CACV 2092009 \))
2. Settlement Agreement enforcement Oral settlement agreement Written settlement agreement Tomlin Orders Consent Award Additional considerations when a party is outside Hong Kong 3. How the mediator handles legal matters 4. Mediation Liability Exemption from Liabilities for Licensers in Violation of Contract Liability Tort Cases 5-2: Liability Exemption for Mediators \ (Tapoohi v. Lewenberg (No. 2) \)
Right to immunity from liability Criminal liability 5. Mediator's code of ethics impartiality and neutral parties' voluntary participation in confidentiality Suspend or terminate the mediation process and definitions when needed Encourage finding independent opinions to disclose conflicts of interest 6. Accredited Mediator
7. The main requirements for becoming a recognized family mediator 8. Civil Justice Reform
Case 5-3: The reform of the civil justice system and court-encouraged mediation Case 5-4: The minimum participation rate in participating in mediation meetings, etc. 9. The mediation practice guidelines issued by the judiciary and court cases Building management Mediation Construction cases Divorce and Family matters, company winding-up cases 10. Disadvantageous cost consequences of refusal to mediation Refusal of mediation and "unreasonable" verification of the consequences of adverse costs 11. Cases not suitable for mediation The nature of the dispute and the subject matter The legal basis of the case Other tried settlement methods Degree of participation Case 5-5: Refusal of mediation for interpretation of legal opinion Case 5-6: Reasons for refusal of mediation and costs of mediation The possible delay of the case Reasonably expected success rate Court encouragement and waste of costs 5-7: Refusal of mediation and wastage of litigation costs Mediation costs can be part of litigation costs Case 5-8: Whether mediation costs are part of litigation costs 12. Mediation Regulations Mediation Agreement (Agreement to Mediate) Mediated Mediation Agreement (Mediated Settlement Agreement) Mediation Communication Confidentiality)
Part II Mediation Techniques Chapter 6. Mediation Skills and Techniques 1. Mediation strategy makes full use of the "opening statement" to emphasize the confidentiality of recesses and conversion issues. Emotional processing: release and control of individual meetings, control of individual meetings, and the ambiguity of success or failure. Meet in advance according to the actual situation. Arrange the order of discussion issues. Encourage consensus to challenge and question instead of stating appropriate use of humorous ancestors. 2. Skills that mediators need to have. Speech communication skills. Non-verbal communication skills. Negotiation skills. Information reorganization skills. Practical considerations. Skills. Dilemma. Skills 3. Procedural skills Chapter 7. Effective methods of mediation 1. Mediation is a highly interactive process of communication 2. Reasons for the obstruction of communication: knowing it can organize mediation more effectively 3. Mutual trust is the basis of mediation: You must start from one Obtain the trust of both parties at the beginning 4. Observe the multi-party response: Observing and observing the color is definitely an important condition for becoming a color interpreter 5. Establishing a sense of affinity and affinity: the beginning of effective communication 6. Effective communication: "7%, 38%, 55 %law"
Direction and distance Limb movement Eye contact Eyeball Interpretation of clue Body gesture Fraud behavior Open behavior gesture Disapproval gesture 7. Positive language skills Open questions Clarification questions Hypothesis questions Closed questions Guided questions Retelling skills recognition Knowledge test summary statement refreshing method (Reframing) recapitulation and summary skills 8. Negotiation skills during individual talks realistic test-the factory's weapon to protect the bottom line of the manufacturing solution-BATNAWATNA
9. Other mediation techniques Summarizing Table A good mediation helper constantly reiterates the spirit of mediation: ideological transformation and empowerment: the art of balance 10. Chinese communication culture loves "face" speaking indirectly respecting and orderly high moral standards "reconciliation "Concession is equal to concession", "Concession is equal to admitting defeat" and so on 11. Summary Chapter VIII Psychology of Mediation 1. Does mediation require psychology?
2. Dealing with the psychological problems of the parties is the key to the success of the mediation. The mediator needs to face two aspects of the problem: the "person" who has the dispute and the "thing" that caused the dispute. The dispute level: the cause of the dispute. The personal level: causes conflict and dispute. Subjective factors that arise 3. The three principles for the mediator to formulate a mediation strategy are to deal with "people" first, and then "events" to assist the disputers to communicate and understand each other's subjective views and feelings, which will give the parties new inspiration to the dispute 4. When conducting mediation Psychological factors that need attention Normal psychological reactions Bad psychological reactions 5. How to cope with the blind spots in the cognitive problems of mediation and the psychological changes caused by conflicts in Self-Defense Mechanisms and conflicts (Conflict Management Styles) The parties 'psychological requirements for dispute resolution (Conflict Management Goals) The parties' choice of the settlement plan prefers the parties 'insincerity, tricks and tricks 6. The methods to guide the parties' emotions are straightforward methods, implicit methods, detours, and contrastive roles. Law of venting method, cooling method, probation method, deterrent method, incentive method 7. Mediation The use of psychological skills, the use of language skills, the use of non-verbal skills, the use of authoritative effects, the use of "self-effects," the use of spatial effects, the use of culture, psychological effects, and the conclusion of the third part, mediation practices, chapter nine, family mediation, the first Divorce mediation 1. A brief history of family (divorce) mediation 2. Co-ordination procedures for divorce mediation in family court 3. How to deal with the emotional problems of the parties in divorce mediation cases Affirm to the parties that his or her emotional state is normal Help the parties Understanding and responding to each other's emotional changes Reciprocity is the most effective way to deal with the emotions of both parties 4. How to deal with the issue of children in child divorce mediation cases Child custody issues Child visitation issues Child care issues 5. How to deal with family resource allocation in divorce mediation cases Problem Difficulty Reasons Handling Techniques 6. How to Cope with Unequal Rights Issues in Divorce Mediation Cases How to Find Unequal Power Issues Coping Techniques Factors Affecting Divorce Mediation in HKSAR 7. Procedures for Divorce Mediation Phase I Phase II Final Phase Settlement Agreement Book Drafting Settlement Agreement Case 9-1: Confused Wife Case 9 2: Professional couples 8. Purpose of mediation 9. Mainland divorce mediation 10. Divorce procedure and application of mediation: Benefits of one party requesting divorce proceedings outside mediation litigation benefits of mediation outside litigation Mediation before and after divorce 1. Mediation before divorce: Why are couples who are planning to divorce suitable for mediation?
Case 9-3: Second period of marriage 2. Mediation after divorce Section III Disputes about family property and inheritance 1. Chinese culture 2. Family relationships 3. A brief history of family mediation 4. Mediation skills for handling family disputes Understanding the family The cause of the dispute helps the parties to resolve their emotions. Learn about all family relationships and disputes in advance. Pay attention to symbolic elements. Remind the other party to retain their feelings. Case 9-4: A filial son. Case 9-5: Property in Shanghai. 1. Precautions for mediation of family disputes 2. Key points for mediators in handling family disputes Recognize the structure and content of family disputes to prevent the disputes from intensifying and becoming uncontrollable 3. How to mediate disputes between parents and children Disputes between parents and children The benefits of mediation between parents and children to improve the relationship between parents and children Cases 9-6: Cases of lonely teenagers with Internet addiction 9 7: Octopus card 4. How to mediate family disputes related to the elderly Elderly issues Key points for elder mediation Case 9 8: Elderly parents' resettlement 5. Summary and future development Chapter 10 Victim-offender mediation 1. Origin of victim-offender mediation 2. Practical mode of victim-offender mediation Victim-offender Reconciliation Mode Restorative Conference Mode "Reconciliation Circle" Mode 3. Methods and Procedures for Mediation of Victims and Offenders 4. Practice and Experience of Mediation between Victims and Offenders in Hong Kong Design of "Reconciliation Conference" Practical Experience of "Reconciliation Conference" Common A summary of the results of the difficult "reconciliation meeting" plan 10-1
5. Summary Chapter XI Engineering disputes 1. Advantages of mediation in engineering disputes 2. Application of mediation in construction contract disputes 3. On-site mediation dispute resolution consultant system 4. Current construction dispute mediation pilot plan case 11-1: Contractor Cases of Disputes with Subcontractors 11-2: Disputes between Owners and Specified Subcontractors Chapter 12 Cases of Shareholder Disputes 12-1: Cases of joint ventures between Korean and Chinese companies 12-2: Three shareholders Shoe factory Chapter 13 Intellectual Property and Distribution Agency Dispute Cases 13-1: Trademark Infringement Cases 13-2: Japanese Product Distribution Rights and Manufacturing Rights Cases 12-3: Mini Warehouse Trademark Infringement Chapter 14 Trade Disputes Cases 14 1: Cases of trade disputes between British distributors, Hong Kong traders and Hong Kong electrical product manufacturers 14-2: Clothing import and export disputes Chapter 15. Financial product and financial service disputes 1. Mediation developments in this field 2. U.S. experience 3. Hong Kong SAR experience 4. Conclusion Case 15-1: Bank loan disputes Chapter 16. Labor and labor disputes 1. Application of mediation in labor and labor disputes 2. Relevant laws and regulations in mainland China Concluding remarks 3. China Concluding remarks of the mediation process of relevant laws and regulations in the Bay Area 4. The application of mediation in labor disputes in the Macao SAR Concluding remarks of the mediation process of relevant laws and regulations Chapter 17 Community disputes 1. Introduction Case 17-1: Cases of disputes between residents and management companies 17 2: Differences between developers, government departments, district councillors, and rehabilitation services. Case 17-3: Disputes between the owner and the management company 2. Conclusion Chapter 18. Land and building management disputes 1. Classification of disputes 2. Mediation skills to clarify the main body involved in the dispute, the choice of the mediation place, the choice of mediation time, the proper handling of complex representation issues, the maintenance and balance of the parties' relationship, and the multi-party verification 3. Special circumstances of the HKSAR 4. Land Tribunal's building management case trial plan 5.2008 Land Tribunal's Building Management Case Plans from 2010 to 2010 6. New Digital Cases for Land Tribunal's Building Management Case Plans 18-1: Tragedy Cases of Collapse of Commercial Buildings Illegal Buildings 18-2: Incidents of Commercial Buildings Illegal Buildings and Mediation Case 18-3: Unauthorized Occupation of Public Places and Mediation Process Case 18-4: Industrial Building Rental Management Fee and Premises Property Tax Incidents and Mediation Process Chapter 19. Personal Injury Disputes 1. Legislation and Cases of Personal Injury Disputes in the HKSAR 2. Personal Injury Disputes Mediation Procedures in the HKSAR Scope of Damages Final Compensation Method Mediation Expert Reports Unfavorable Litigation Fei Ling and other objective conditions to consider when hiring a mediator Time-limited (fast line) mediation 3. The latest development of compensation for personal injury and death in the Hong Kong SAR 4. The latest settlement figures for compensation for personal injury and death in the Hong Kong SAR 5. Mediation satisfaction survey case 19-1: The point of dispute lies only in the amount of compensation. Case 19-2: Both the liability and the amount of compensation are disputed. Case 19-3: The liability and the amount of compensation are disputed. Case 19-4: The amount of compensation and the liability are disputed. 6. Conclusion Chapter XX School Disputes 1. Basic concepts of campus mediation 2. Facilitation model mediation and restorative model mediation 3. Application cases of facilitation model mediation on campus 20-1: Disputes between students and students 4. Application of restorative model mediation on campus Case 20-2: Disputes between students and teachers 5. Challenges to faculty with mediation services on campus 6. Conclusions Chapter 21 Medical Disputes 1. The United States 2. The Mainland 3. Hong Kong SAR Case 21-1: Disputes between the hospital and the parents of the deceased child Case 21-2: Conflict between the father of the child and the staff of the hospital ward Case 21-3: Between the family members of the deceased patient Controversy 4. Conclusion Chapter 22 Medical and Dental Disputes 1. History and Background of Mediation of Medical and Dental Disputes 2. Mediation of Medical and Dental Disputes in the HKSAR Milestone Mediation in Mediation of Medical Disputes in the HKSAR is not universal in medical and dental disputes Analysis of practical experience and successful case analysis Mediation of medical and dental disputes Whether the mediator of a medical dispute must be a doctor or dentist 3. Mediation of medical disputes in mainland China 4. Mediation of medical disputes in Taiwan in China 5. Mediation of medical disputes in Macao SAR 6. Medical treatment in Singapore Dispute mediation 7. Mediation of medical disputes in Malaysia 8. Summary case 22-1: Patient-patient dispute case 22-2: Patient-cosmetic doctor dispute case 22-3: Disputes between parent and hospital deceased case 22-4: Patient Disputes with hospitals and doctors Chapter 23 Public Liability Insurance Disputes 1. Cases of insurance policy disputes between insurance companies and insureds 23-1
2. Cases of Public Liability Disputes between Insurance Companies and Third Parties 23-2
3. New Insurance Mediation Pilot Program from 2007 to 2011 Chapter 24. Consumer Disputes 1. How to Deal with Lawyers in Consumer Dispute Mediation 2. Advantages of Consumer Dispute Mediation 3. Application of Consumer Dispute Mediation 4. Characteristics of Consumer Disputes 5. Consumption Future Development of Dispute Mediation Chapter 25 International Public Disputes 1. Preparatory Work 2. Strategies 3. UN Mediation Provisions Case 25-1: Camp David Agreement Case 25-2: Russia and China Experience 4. Summary Section Chapter 26. Disputes between the People and the Government 1. Hong Kong SAR Hong Kong-Zhuhai-Macao Bridge Environmental Assessment Case (CACV 842011) W v. Marriage Registrar (CACV 2662010, W v. Registrar of Marriages) (HCMP 312011)
Case 26-1: Medical errors in government-owned clinics Case 26-2: Case of malicious prosecution of police 2. Mainland case 26-3: Wood company v. Labor Bureau Case 26-4: Elderly v. Land and Resources Bureau No. 2 Chapter 17 Cross-Border Dispute Cases 27-1: Cases of Commercial Disputes between the Mainland and Hong Kong Part IV. Prospects for Chapter 28 Mediation Issues: 9 Types of Cases Not Applicable to Mediation Chapter 29 Future Development of Mediation 1. Attitudes of the Judiciary to mediation 2. Attitude of the Department of Justice of the HKSAR Government to mediation 3. Professionalization of mediation: how to become an excellent mediator 4. Prospects of mediation: respect for the parties' dominance 5. Application of future mediation 6. Overview Fifth Partial Mediation Dictionary A-Z
References Reference URL Reference Documents Related Speeches Relevant Laws Hong Kong Legislative Practice Guide Mediation Code Guide Procedural Rules Consent to Settle Agreement Agreement Mediation Provisions Hong Kong Mediation Plan Other Mediation Plans

Preface: In today's society, mediation has been recognized as a good solution to disputes. The Chinese believe that "peace is the most important thing". After more than ten years of hard work in the Mainland, a multi-level mediation pattern has been formed. The judicial proceedings and other legal disputes have an immediate effect. Hong Kong has also followed suit. Mediation has become the first step in resolving legal disputes, and the outcome of mediation has also become a decision that the court has recognized as having legal effect. In China, the role played by mediation in building a harmonious society is becoming increasingly significant.
Dr. Liang Haiming and a group of professionals understand that solving problems is not only a matter of compensation for money and benefits. The less spiritual and spiritual trauma to the parties, the faster they can recover after the dispute is resolved. . Especially in family mediation, labor disputes and community disputes, the parties often have to continue to co-exist with each other, and they must always turn their anger into jade. Mediation can also reduce the loss of time and costs for the parties in disputes involving commercial affairs and contracts. To this end, the professionalism, institutionalization and popularization of mediation have become the common belief of these experts.
This "Mediation Practices and Techniques" ("Mediation of Mediation") is the brainchild of their professional experience and common belief. In addition to explaining the history and process of mediation, experts and readers share their skills and mentality in mediation. Introduced a total of more than 20 different methods and connotations of mediation work, from family mediation to international public disputes, from the history of mediation to the future development. It is rich in content and full of sincerity. It is a valuable guide for those interested in mediation, and a great "share" for those who are already engaged in mediation!
Tan Huizhu, the 12th National People's Congress of the Hong Kong Special Administrative Region and a member of the Basic Law Committee PRECACE Xin Erwen heard Dr. Liang Haiming's book on mediation, and was invited to write a foreword. It was a great honor for me. I have previously edited the English version of the same topic for Dr. Liang. This time, I learned that Dr. Liang co-authored with many familiar scholars--Miao Shaoqun, Hong Jiemei, Lu Tinghua, and Huang Wujiehua, who are leading mediation circles.
As one of the ADRs, mediation has become the mainstream international dispute resolution method in recent years. It has become an indispensable step in the judicial process in Hong Kong and is widely used by the legal profession and other professionals. Many people in the society are eager to learn the latest mediation techniques, to consult and exchange opinions. It should be noted that mediation is a science that may seem easy but not simple in practice. There are a lot of books on "alliance" in the field, which introduces mediation as a method of dispute resolution. However, it focuses on one-sided brief introductions, introduces the general procedures and basic skills of mediation, and lacks a comprehensive analysis of this esoteric issue and the process of modern development so that readers can understand the truth of demodulation and understand from multiple perspectives. How mediation resolves different types of disputes.
This book is exactly what it achieves, and it is an indispensable reference model for those interested in mediation.
This book first introduces the history and development of mediation. Then I will analyze the procedures and skills necessary for mediation, and explain to the reader how the mediator should understand the mediation attitude and psychology. The Tongjian also collects complete mediation terms, legal meanings and cases. Finally, it explains how to apply mediation to more than a dozen different types of disputes. It is rich in content and organized in chapters, which is convenient for readers to consult.
Hong Kong has now passed the Mediation Ordinance, formally giving mediation a clear legal status. I am convinced that mediation will make great progress in Hong Kong. It must be noted that in any discipline, practice is always more important than theory. Those who intend to engage in mediation should participate in the mediation process more, and do not necessarily need to act as mediators or choose only cases involving higher amounts of money. My humble opinion is that a person who acts as an agent of a party to a dispute can also increase his mediation knowledge and experience, which will help him become an outstanding mediator in the future.
Finally, I would like to express my deepest admiration to Dr. Liang Haiming and other seniors who participated in the preparation of this book. I wish this general book will be widely read in the future and become the most highly regarded classic in mediation books.

Former Chairman of the Hong Kong International Arbitration Centre, PRECACE, Preface III, "Mediation Practices and Skills" ("Mediation General Book") can be used by readers at all levels. It can be used as a reference book for those who are already familiar with mediation business, and for those who are studying mediation business. People can also be used as teaching materials. The first part of the book introduces many principles of mediation in detail, the second part summarizes the skills and methods of mediation, and the third part focuses on the application of these principles, techniques and methods in the mediation of various specific disputes.
The structural design of this book is convenient for readers to start reading from any chapter that is equivalent to their own experience or level. Readers who already have a certain understanding of the mediation process can directly read the practice section and apply the principle of demodulation in specific cases. For example, the chapter "Procedures and Phases of Mediation" can allow experienced readers to understand how the mediation process is specifically applied.
Readers who have little knowledge of mediation can read from the definition and history-related chapters in order to understand the origin and principle of mediation accurately. All parties involved in mediation will find the reference data and legal significance of this book quite useful. The Chinese-English translation of the mediation vocabulary also provides a good reference for readers.
Readers who are interested in mediation research can focus on reading the meaning and cases of mediation or other chapters on regional development, accumulation issues, and future development. References provide detailed deep learning data and references for readers interested in specific topics.
In short, this book is an important desk tool for everyone involved in mediation, whether it is a mediator, a mediation supporter, a party representative, or even a party to a dispute. This book also provides practical reference data for readers interested in mediation.
Edited by Liang Haiming