Ethics and Justice in Mediation

Ethics and Justice in Mediation

Author: Mary Anne Noone

Publisher:

Published: 2018-07-30

Total Pages: 160

ISBN-13: 9780455501017

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Ethics and Justice in Mediation provides guidance for mediators through the ethical and practical challenges that arise in different mediation contexts. Mediation has developed beyond its infancy, and continues to evolve. As it matures, both new benefits and dilemmas emerge from the growing body of mediation experience, and require all mediators, whether new or experienced, to embrace change. There is now a significant focus on the ethical issues arising from the way a mediation is conducted; more specifically, the impact of a mediator's decisions on the parties and on the outcome. Given the sheer diversity of situations that a mediator might face, the challenge of ensuring an ethical process, and a just outcome, is becoming acute. Ethics and Justice in Mediation equips mediators with the skills required to identify the approach best suited to achieving just and ethical outcomes. It outlines the relevant mediation standards and values that apply and demonstrates the different approaches available to mediators to help them ensure balanced outcomes for all parties to a mediation. Guidance is provided by a scenario-based approach in which experienced mediators' responses, to several real-life situations, are shared to highlight the ethical and practical issues that may arise. The authors are experienced mediation specialists, well-qualified to present crucial ethical issues that mediators commonly face - but which have previously received little attention in mediation texts. Presenting six different mediation scenarios, they outline the relevant mediation standards and values applicable to each, enumerate the different approaches that may taken, and how these relate to the standards. Each scenario concludes with suggestions on how to approach the issues identified in the scenarios. By providing these practical suggestions for applying an ethical approach in these situations, it endeavors to ensure that mediations provide just outcomes.


Court Mediation Reform

Court Mediation Reform

Author: Shahla F. Ali

Publisher: Edward Elgar Publishing

Published: 2018-03-30

Total Pages: 237

ISBN-13: 1786435861

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As judiciaries advance, exploring how court mediation programs can provide opportunities for party-directed reconciliation whilst ensuring access to formal legal channels requires careful investigation. Court Mediation Reform explores comparative empirical findings in order to examine the association between court mediation structure and perceptions of justice, efficiency and confidence in courts.


Mediation and Justice

Mediation and Justice

Author: Penelope McRedmond

Publisher:

Published: 2024

Total Pages: 0

ISBN-13: 9781032221755

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"This book asks why justice is important to both individuals and to society as a whole. A number of justice questions are raised to evaluate whether mediation can deliver social, distributive, procedural or substantive justice and fairness. Focusing on a scrutiny of mediation in the context of justice, the book covers social justice and justice issues posed by confidentiality, bias, lack of fairness and Online Dispute Resolution. Discussing whether mediation can truly deliver justice to all, the book identifies areas where this fails, and provides solutions and suggestions to improve it. The dangers of private justice, bias, mandatory mediation and the side lining of the importance of fairness in the resolution of disputes are all considered. In contrast, the positive aspects of mediation are added to the balance. The book will be of interest to researchers in the field of conflict resolution, law, and social science. Readers will also be found among mediators and people interested in justice and the civil justice system"--


The Possibility of Popular Justice

The Possibility of Popular Justice

Author: Sally Engle Merry

Publisher: University of Michigan Press

Published: 2010-05-06

Total Pages: 501

ISBN-13: 0472023993

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"The Possibility of Popular Justice is essential reading for scholars and practitioners of community mediation and should be very high on the list of anyone seriously concerned with dispute resolution in general. The book offers many rewards for the advanced student of law and society studies." --Law and Politics Book Review "These immensely important articles--fifteen in all--take several academic perspectives on the [San Francisco Community Boards] program's diverse history, impact, and implications for 'popular justice.' These articles will richly inform the program, polemical, and political perspectives of anyone working on 'alternative programs' of any sort." -- IARCA Journal "Few collections are so well integrated, analytically penetrating, or as readable as this fascinating account. It is a 'must read' for anyone interested in community mediation." --William M. O'Barr, Duke University "You do not have to be involved in mediation to appreciate this book. The authors use the case as a launching pad to evaluate the possibilities and 'impossibilities' of building community in complex urban areas and pursuing popular justice in the shadow of state law." --Deborah M. Kolb, Harvard Law School and Simmons College Sally Engle Merry is Professor of Anthropology, Wellesley College. Neal Milner is Professor of Political Science and Director of the Program on Conflict Resolution, University of Hawaii.


Community Mediation Programs

Community Mediation Programs

Author: Daniel McGillis

Publisher: DIANE Publishing

Published: 1999-02

Total Pages: 118

ISBN-13: 0788176706

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Examines developments in the community mediation field over the past two decades & reviews the field's major achievements & ongoing challenges. The evolution of the field, the diversification of services, & major resources available to the field are reviewed & research findings dealing with community mediation are also examined. Information for the report was obtained from: a review of literature in the field, an examination of materials obtained from programs across the country, discussions with experts in the field, & site visits to innovative programs in CA, NY, & NC. Charts & graphs. Resource listing.


Informal Reckonings

Informal Reckonings

Author: Andrew Woolford

Publisher: Routledge

Published: 2008-01-15

Total Pages: 159

ISBN-13: 113408711X

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The 'reparational turn' in the field of law has resulted in the increased use of so-called 'informal' approaches to conflict resolution, including primarily the three mechanisms considered in this book: mediation, restorative justice and reparations. While proponents of these mechanisms have acclaimed their communicative and democratic promise, critics have charged that mediation, restorative justice and reparations all potentially serve as means for encouraging citizens to internalize and mimic the rationalities of governance. Indeed, the critics suggest that informal justice's supposed oppositional relationship to formal justice is, at base, a mutually reinforcing one, in which each system relies on the other for its effective operation, rather than the two being locked in a struggle for dominance. This book contributes to the discussion of the confluence of informal and formal justice by providing a clearer picture of the justice 'field' through the notion of the 'informal/formal justice complex.' This term, adapted from Garland and Sparks (2000), describes a cultural formation in which adversarial/punitive and conciliatory/restorative justice forms coexist in relative harmony despite their apparent contradictions. Situating this complex within the context of neoliberalism, this book identifies the points of rupture in the informal/formal justice complex to pinpoint how and where a truly alternative and 'transformative' justice (i.e. a justice that challenges and counters the hegemony of formal legal practices, opening the field of law to a broader array of actors and ideas) might be established through the tools of mediation, restorative justice and reparations.


Mediation in Contemporary Chinese Civil Justice

Mediation in Contemporary Chinese Civil Justice

Author: Peter C.H. Chan

Publisher: Martinus Nijhoff Publishers

Published: 2017-09-18

Total Pages: 339

ISBN-13: 9004342397

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In Mediation in Contemporary Chinese Civil Justice, Peter Chan offers one of the most comprehensive analyses of the system of mediation of civil and commercial disputes in contemporary China. Based on extensive interviews with judges and a survey on in-court mediation covering 24 courts in China, the author seeks to answer a question that interests many legal scholars: Is it practically feasible for the mediation of civil disputes in China to take the shape of genuine alternative dispute resolution, rather than being used by the courts as a means to preserve social stability? The book looks beyond procedural rules and examines how judicial culture and beliefs shape the landscape of civil dispute resolution in China.


Mediation Law and Practice

Mediation Law and Practice

Author: David Spencer

Publisher: Cambridge University Press

Published: 2007-02-08

Total Pages: 546

ISBN-13: 1316582779

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Mediation Law and Practice gives a thorough account of the practice of mediation from the perspective of the student and practitioner. Divided into two parts, it deals with both the practice of mediation and the law surrounding mediation. Touching on the theory and philosophy behind the practice, it further describes in a theoretical and practical sense the difference between the emerging models of mediation. Mediator qualities are discussed in terms of issues of gender, culture and power. This book examines the important issue of mediation ethics and, taking into account the developing law surrounding the practice, proposes a code of ethics. It looks at the future of mediation in light of the decline in litigation, the rise in regulatory constraints on mediation and the popularity of online mediation. Mediation Law and Practice provides students and practitioners with the complete text on the practice and law surrounding mediation.


Mediation and Criminal Justice

Mediation and Criminal Justice

Author: Martin Wright

Publisher: Sage Publications (CA)

Published: 1989

Total Pages: 296

ISBN-13:

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"The rise of mediation has been inspired by varied motives: to give victims or offenders better outcomes; to relieve the pressures on the courts; to offer courts new ways of resolving disputes; and to restore justice to the community outside the criminal justice system. To what extent can mediation schemes achieve the aims of their exponents? Martin Wright and Burt Galaway assess the international experience of mediation in theory and in practice. A team of researchers and practitioners draw together experience in North America, Western Europe and Japan, and examine the extent to which different forms of mediation have succeeded in their aims. They address key problems such as how far mediation has offered real benefits to victims, to offenders, or to both; how far it has merely extended the reach of the criminal justice system." --


Family Mediation

Family Mediation

Author: Lisa Parkinson

Publisher: Family Law Publications

Published: 2011

Total Pages: 0

ISBN-13: 9781846612749

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Mediation provides an alternative to litigation in the courts to resolve family disputes and/or make arrangements about children, finances, and other personal matters after separation or divorce. It is intended to reduce the time, cost, and stress involved by helping families reach long-lasting agreements in the best interests of all involved. The UK government is increasingly supportive of this form of dispute resolution and matrimonial lawyers need to be aware of how they can integrate mediation with their existing legal skills. Now in its second edition, this is an authoritative and practical guide which clearly explains the mediation process, taking the reader through each stage, explaining how to interact with other professionals, and providing invaluable advice on the role of the mediator in particular situations.