Field Guide to Mediation And Conflict Resolution (NAR Information Central)
(Updated October 2007)
Traditionally, real estate industry disputes rely on negotiation for solutions. If negotiation fails, litigation is often initiated. Mediation involves the skillful intervention of a third-party professional to help resolve disputes that arise between two or more parties. This page includes a variety of resources, including articles, Web site links, books and other sources relating to mediation, conflict resolution, arbitration and dispute resolution. (D. McCormick, Technical Coordinator)
Contents:
Understanding Mediation & Conflict Resolution | Alternative Dispute Resolution | Arbitration & Mediation Issues | Useful Websites | Books, eBooks & Other Resources
Draft the mediation rules
Have an informal pre-mediation get-together
Make the dispute "mediatable"
Identify the person who must approve of the settlement
Deal with logistics
Prepare pre-mediation statement
Emphasize good faith commitments
Source: entrances and exits: Strategies to pursue outside the mediation, (Dispute Resolution Journal, May-July 2007).
Document all agreements reached in mediation
Facilitate ratification
Create a decision maker
Offer proposals
Schedule additional mediation sessions
Keep in touch
Source: entrances and exits: Strategies to pursue outside the mediation, (Dispute Resolution Journal, May-July 2007).
Understanding Mediation & Conflict Resolution
Resolved: Using mediation to settle conflicts, (Communication World, July/Aug. 2007).
Managers must understand three resolution methods, (Phoenix Business Journal, July 27, 2007).
The Art of Disagreement, (Mediate.com, Feb. 27, 2007).
Mediation Confidentiality and Enforceable Settlements: Deal or No Deal?, (Mediate.com, Jan. 2007).
Mediation Project Spreads Skills to Stressed-Out Gulf Coast, (Mediate.com, Dec. 29, 2006).
Mediation gratification: You need a third opinion, (Washington Business Journal, Mar. 11, 2005).
Consumers unwittingly signing up for arbitration, (Dallas Business Journal, Mar. 11, 2005).
Difficult Conversations, (Mediate.com, Mar. 2005).
Conflict theory: Transforming our understanding of conflict, (Mediate.com, June 2001).
Achieving Desirable Mediation Outcomes, (Debt3, Nov./Dec. 2004).
Problem-solving advocacy in mediations, (Dispute Resolution Journal, Aug./Oct. 2004).
Mediation: Another string to your bow, (Real Estate Issues, Summer 2002).
Alternative Dispute Resolution
Court ADR Systems: The Road Ahead, (Mediate.com, Feb. 26, 2007).
Early ADR in U.S. History: Talking versus War, (Mediate.com, Feb. 12, 2007).
Business disputes less likely to go before judge, (Buffalo Business First, Mar. 28, 2005).
Prepare for peace, (Builder, Mar. 2005).
Planners, hoteliers try staying out of court, (Successful Meetings, Mar. 2005).
Attorney-fee and homeowner disputes, (Dispute Resolution Journal, Oct. 2004).
Dispute Resolution System, (Realtor.org, Apr. 2004). 
Arbitration & Mediation Issues
entrances and exits: Strategies to pursue outside the mediation, (Dispute Resolution Journal, May-July 2007).
Considerations in Providing Mediation and Conflict Resolution Services to Spanish-speaking Latinos, (Mediate.com, Feb. 5, 2007).
Streamlining the Arbitration Process, (Mediate.com, Jan. 30, 2007).
Surviving Mediation, (Risk Management, Sept. 2006).
JAMS backs down on class-action arbitration, (REALTOR® Magazine Online, Mar. 11, 2005).
Dealing with nonverbal cues: a key to mediator effectiveness, (Mediate.com, Mar. 2005).
Gandhi as guiding star: Servant leadership in mediation, (Mediate.com, Nov. 2003).
REALTORS® Guide to Arbitration and Mediation, (Realtor.org, Nov. 2002).
Mediation and ethics consultation: towards a new understanding of impartiality, (Mediate.com, Nov. 2001).
Useful Websites
Code of Ethics and Arbitration Manual, (National Association of REALTORS®, 2008).
Mediation Tools/Resources, (National Association of REALTORS®, 2004). - (Note: Via link, scroll downward for MS Word docs and Powerpoint Presentations)
Association for Conflict Resolution, (AFCR, 2003).
National Association for Community Mediation, (NAFCM, 2003).
American Bar Association Section of Dispute Resolution, (American Bar Association, 2003).
Conflict Resolution Center International, (CRCI, 2003).
eBooks & Other Resources
eBooks.realtor.org
The following ebooks and digital audiobooks are available to NAR members:
Advanced Facilitation Strategies (Adobe eReader)
The Art of Constructive Confrontation (Adobe eReader)
The Handbook of Dispute Resolution (Adobe eReader)
Resolving Conflicts at Work (Adobe eReader)
Conflict Resolution (Adobe eReader)
The Coward's Guide to Conflict (Overdrive Digital Audiobook)
Creative Conflict Management (Overdrive Digital Audiobook)
Books, Videos, Research Reports & More
The resources below are available for loan through Information Central. Up to three books, tapes, CDs and/or DVDs can be borrowed for 30 days from the Library for a nominal fee of $10. Call Information Central at 800.874.6500 for assistance.
Alternate dispute resolution, (Counselor, Spring 2004).
DRS mediation: the winning solution, (Chicago, IL: National Association of REALTORS®, 2002). VT207
Handling conflict, (Cincinnati, OH: South-Western, 2002). HD42 G65
The mediator's handbook: advance practice guide for civil litigation, (Cincinnati, OH: South-Western, 2002). KF 9084 C77
New alternative dispute resolution program moving forward, (Counselor, Spring 2002).
Mediation- the sane approach to dispute resolution, (Corporate Real Estate Executive, Nov. 2001).
Meet me halfway: mediation, the solution of choice, (National Relocation and Real Estate, Dec. 2001).
Field Guides & More
These Field Guides and other resources in the Virtual Library may also be of interest:
The inclusion of links on this Field Guide does not imply endorsement by the National Association of REALTORS®. NAR makes no representations about whether the content of any external sites which may be linked to this Field Guide complies with state or federal laws or regulations or with applicable NAR policies. These links are provided for your convenience only and you rely on them at your own risk.
