The Mediation Dilemma


Book Description

While mediation has a strong record in reducing hostilities, it is not without its own problems. In The Mediation Dilemma, Kyle Beardsley highlights its long-term limitations.




Expert Mediators


Book Description

Drawing on the experience of more than 175 mediators from across the spectrum of mediation practice and among different geographic regions, such as the U.S., Australia, Europe, Israel, and Canada, this book presents the best practices for mediators to emulate.




Mediation


Book Description

This book is about conflict resolution through mediation, from a psychological perspective. Although written in part from the point of view of litigation, the objective is to demonstrate how an appreciation of the psychological aspects of conflict and an understanding of the emotional strategies people adopt in dispute situations can assist both lawyers and non-lawyers in resolving conflicts. The book consists of three sections- a theoretical analysis of conflict and conflict resolution; a practical, legal and experiential explanation of mediation; and thirdly a series of mock mediations, comprehensively analysed from the viewpoint of the mediator and the parties, providing tips and guidance on the dilemmas and pitfalls that mediators encounter. The book is based on three fundamental tenets: that conflict is ever present, and cannot be eliminated but can be worked with; that the attitude and stance of the mediator towards the dispute can be of significance to the outcome; and above all that the use of psychotherapeutic tools can facilitate a paradigm shift in the parties' approach to conflict. The authors demonstrate how the mediator can move parties in dispute from a position of intransigent adversity to a working alliance, and thereby achieve a 'good enough ' resolution.




The Promise of Mediation


Book Description

The award-winning first edition of The Promise of Mediation, published ten years ago, is a landmark classic that changed the field's understanding of the theory and practice of conflict intervention. That volume first articulated the "transformative model" of mediation, which greatly humanized the vision of how the mediation process could help parties in conflict. In the past decade, the transformative model has proved itself and gained increasing acceptance. It is now being used in such diverse arenas as workplace, community, family, organizational, and public policy conflicts, among others. In this new edition, the authors draw on a decade of work in theory development, training, practice, research, and assessment to present a thoroughly revised and updated account of the transformative model of mediation and its practical application, including a compelling description of how the field has moved toward increasing acceptance of the transformative model a new and clearer presentation of the theory and practices of transformative mediation, with many concrete examples a new case study that provides a vivid picture of the model in practice, with a commentary full of new information about how to use it effectively clarifications of common misconceptions about the model a vision for the future that shows how the model can coexist with other approaches and where the "market" for transformative mediation is emerging This volume is a foundational resource on transformative practice, for both readers of the first edition and new readers - including mediators, facilitators, lawyers, administrators, human resource professionals, policymakers, and conflict resolution researchers and educators. More generally, this book will strike a chord with anyone interested in humanizing our social institutions and building on a relational vision of society.




Mediation in the Conflict Resolution Process


Book Description

Seminar paper from the year 2015 in the subject Politics - Topic: Peace and Conflict, Security, grade: 1, Uppsala University (Department of Peace and Conflict Research), course: International Conflict Resolution, language: English, abstract: Mediation is the first step towards many conflict resolution processes. Yet, key aspects on the circumstances of mediation processes and the role of the mediator herself are still disputed. This paper seeks to examine the role of mediation within the field of conflict resolution and its implications on durable peace. Furthermore, mediation will be put in relation to the spoiler concept and deriving consequences are discussed. The role of mediation is described very differently throughout the literature, depending on the focus of analysis and pre-assumptions on what mediation is, how it works, and what the ultimate goals are. On the one hand, we see scholars framing mediation entirely as a conflict resolution enterprise, whereas others understand mediation as a tool for conflict management and transformation. Research on different levels of mediation like the international states sphere, the intra-state environment, or local mediation has elevated different findings on when mediation is successful and when it is not. Therefore, it will be clarified in the first place what understandings of mediation we face in research and how these interpretations relate to each other. In a next step, it will be discussed why mediation is important and what theoretical problems are met by the tool. Afterwards, the paper will focus on the conditions of mediation and their positive and negative effects on the process of conflict resolution. Finally, the spoiler concept will be introduced and compared to mediation.




Mediation


Book Description

Provides practical, how-to advice for mediating a variety of conflicts, including those arising from divorces, custody and visitation decisions, family conflict, neighborhood grievances, educational disagreements, environmental disputes, and problems in the workplace.




Mediating Interpersonal and Small Group Conflict


Book Description

This is a guide to the theory and practice of mediation. It sets out a systematic approach to the use of mediation and to assuming the role of mediator. This book will be one of value to individuals interested in becoming mediators, to parties in conflict considering recourse to mediation to resolve issues, to students studying mediation as a dispute resolution alternative, to professionals who use mediation techniques in their day-to-day work, and to practising mediators who wish to expand and update their skills.




Mediation


Book Description

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.




Mediation


Book Description

Mediation: Practice, Policy, and Ethics provides a comprehensive and current introduction to the world of mediation, including an overview of conflict, perspectives on justice, and dispute resolution processes to handle disputes in a variety of contexts. The book has chapters on negotiation theory and practice, as well as law and policy, case examples, and practice guidelines for mediators and attorney representatives. Leading scholars and award-winning teachers in the field present descriptions of the various forms mediation takes and mediation’s place in the panoply of dispute resolution processes. Both critiques of mediation and descriptions of its promise and potential are included. Chapters on advising clients on process choice, dispute process design, international and complex mediation, facilitation, and hybrid processes are also offered. The practical, problem-solving approach includes both analytical and behavioral approaches in varying gender, race, and cultural contexts. The text can be used for lawyer-mediators, lawyer-representatives in mediation, and non-lawyer mediators. New to the Third Edition: Streamlined text designed to be more student-friendly New updates to time-tested problems and cases have to keep the book up-to-date Professors and students will benefit from: Comprehensive current coverage of mediation including: Law and policy, case examples, and practice guidelines for mediators and attorney representatives Authors that are leading and award-winning scholars, teachers, and practitioners in this area Clear presentation of the advantages of mediation as well as critiques and concerns A practical, problem-solving approach that includes: Both analytical and behavioral approaches Varying gender, race, and cultural contexts Key excerpts from some of the most renowned scholars in the field Text that is applicable across the field of mediation with coverage of: Lawyer-mediators Lawyer-representatives in mediation Non-lawyer mediators