How Parties Experience Mediation
How Parties Experience Mediation

Author: Timea Tallodi

Publisher: Springer Nature

Published: 2019-10-22

Total Pages: 305

ISBN-13: 3030282392

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This book presents an unprecedented qualitative research study on relational changes in mediation with a truly interdisciplinary outset, drawing on the literature on psychology, alternative dispute resolution and business. Mediation's potential to induce changes in parties' relationships as an advantage of the process is commonly mentioned in the literature. However, despite its being a key to reconciliation, relational changes in mediation has not yet been a topic of foundational and fine-grained qualitative enquiry. As the first study in the literature, this research uses in-depth interviews with mediation parties and the qualitative methodology of interpretative phenomenological analysis in order to explore participants' lived experiences. The phenomenological stance ensures a particularly rich data set and a nuanced interpretative analysis. This pioneering piece of research seeks to enter mediation parties' true experiences as closely as possible, moving beyond pre-existing theoretical, quantitative and large-scale qualitative explorations. The themes are discussed in the context of theory, research and practice. Therefore, this book advances knowledge about mediation both in theoretical and practical terms. Innovative conclusions and recommendations are provided for developing mediation practice, mediation training programmes, and further research.

Mediators and Metaphorical Analysis
Mediators and Metaphorical Analysis

Author: Rebecca A. Storrow

Publisher:

Published: 2012

Total Pages: 410

ISBN-13:

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Florida family court mediation programs have typically been assessed with quantitative analysis. To understand the complexity of the experience of being a family mediator, it was necessary to explore how mediators practiced through qualitative research. Metaphors have been considered to be representations of mediators' mental models regarding conflict. Mediation has been defined in ways such as a journey or the peeling of layers from an onion. Metaphorical analysis of the concepts that guided a group of Florida family court mediators provided insight into how they experienced their practice. Stage one produced a general understanding using statewide questionnaires of family mediators' conflict metaphors. Stage two included interviews of family court mediators. Findings revealed how these mediators defined their experiences based on metaphorical understandings. A phenomenological approach provided a rich understanding of the mediators' lived experiences and led to a more accurate picture of their metaphorical concepts, the systems within which they practiced, and opportunities for training. The family mediators used predominantly negative metaphors for conflict and parties, and positive ones for mediation and themselves. And, many private mediators used negative metaphors regarding court staff mediators' skill levels. The findings were underscored and presented as major categories and subcategories of metaphors including mediation as a "journey," "business," and "education."

The Fugitive Identity of Mediation
The Fugitive Identity of Mediation

Author: Debbie De Girolamo

Publisher: Routledge

Published: 2013-07-18

Total Pages: 244

ISBN-13: 1134075189

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Despite much having been written about what mediation is, direct observations of commercial mediations are limited. This book grants an opportunity to observe mediation in action and also provides external commentary about the actions observed. The book approaches Mediation ethnographically as a social process that is informed by structures, rules and norms that colour the environment within which it operates. Through the ethnographic method, a process leading to negotiated order is examined, baring its elements, identifying its influences and studying the movement to order. The result is the reconceptualization of mediation. The mediator is invited into the negotiation as third party intervener. He creates the process of mediation, defining the process by his actions, which ultimately merges mediator with process. This book provides a window to the lived experience of participants to mediation: it explores their understandings of and interactions within a process they have experienced together and demonstrates how mediation is a process inextricably linked to negotiation. The Fugitive Identity of Mediation will be of interest to scholars, mediators, parties who participate in the process, and to those active in public policy discourse.

View from the Middle of the Road
View from the Middle of the Road

Author: Jan Frankel Schau

Publisher: AuthorHouse

Published: 2013-02-15

Total Pages: 279

ISBN-13: 1481710052

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Every day in mediation offices around the world, parties come together to tell their unique story as it relates to a conflict in their lives. In a single, prescient day, they expect to end their pending litigation. Sometimes the resolution requires money. Other times it requires an apology, an explanation or an agreement to put the conflict behind the disputants and move forward in peace. Sometimes, it just requires an impartial set of ears, an open heart and a willing third party to lead the way with dignity, decency and humanity. Such is the life of a mediator. The mediator is the glue: the compassionate ear that can listen deeply and find the connections between the two stories. While lawyers are trained to fight for the rights of their clients, mediators are trained to look for the validity of both points of view. It is, indeed, a different perspective. View from the Middle of the Road is a highly entertaining collection of mediation stories based upon a year of self-reflective analysis by author and prominent Los Angeles mediator, Jan Frankel Schau. The stories are intriguing, endearing and sometimes infuriating. The author takes the time to describe her birds eye view and illustrate specific Mediators Tools used by her in each dispute. Students of mediation, disputants and their counsel and Judges will find these tools incredibly useful and insightful. Where parties have a seat at the negotiating table and can be fully heard with compassion, an open-mind and an open heart, the implications for peace-making extend far, far beyond the litigated case. That is Jan Frankel Schaus View from the Middle of the Road: A Mediators Perspective on life, conflict and human interaction.

The Fugitive Identity of Mediation
The Fugitive Identity of Mediation

Author: Debbie De Girolamo

Publisher: Routledge

Published: 2013-07-18

Total Pages: 258

ISBN-13: 1134075111

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Despite much having been written about what mediation is, direct observations of commercial mediations are limited. This book grants an opportunity to observe mediation in action and also provides external commentary about the actions observed. The book approaches Mediation ethnographically as a social process that is informed by structures, rules and norms that colour the environment within which it operates. Through the ethnographic method, a process leading to negotiated order is examined, baring its elements, identifying its influences and studying the movement to order. The result is the reconceptualization of mediation. The mediator is invited into the negotiation as third party intervener. He creates the process of mediation, defining the process by his actions, which ultimately merges mediator with process. This book provides a window to the lived experience of participants to mediation: it explores their understandings of and interactions within a process they have experienced together and demonstrates how mediation is a process inextricably linked to negotiation. The Fugitive Identity of Mediation will be of interest to scholars, mediators, parties who participate in the process, and to those active in public policy discourse.

Narrative Mediation
Narrative Mediation

Author: John Winslade

Publisher: John Wiley & Sons

Published: 2000-01-28

Total Pages: 293

ISBN-13: 0787941921

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In this groundbreaking book, John Winslade and Gerald Monk -- leaders in the narrative therapy movement-introduce an innovative conflict resolution paradigm that is a revolutionary departure from the traditional problem-solving, interest-based model of resolving disputes. The narrative mediation approach encourages the conflicting parties to tell their personal "story" of the conflict and reach resolution through a profound understanding of the context of their individual stories. The authors map out the theoretical foundations of this new approach to conflict resolution and show how to apply specific techniques for the practical application of narrative mediation to a wide-variety of conflict situations.

Mediation
Mediation

Author: Alain Lempereur

Publisher: John Wiley & Sons

Published: 2021-06-28

Total Pages: 374

ISBN-13: 111976842X

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When negotiation fails, mediation avails other moves for an amicable resolution. Whether you are a current or future mediator or a party to a conflict, this is your essential companion to the theory, concepts, and best practices of mediation. In a world ridden by social divisions, responsible resolution of conflicts is more timely than ever. What happens when parties are unable to negotiate an agreement together? The next move is to invite a third party to reset the negotiations, facilitate the exchanges, rebuild a working relationship and empower the parties to explore the past, surface their present needs, invent, evaluate and choose the best solutions for the future. Mediation: Negotiation by Other Moves brings decades of critical analysis and experience that the authors tested worldwide in international organizations, governments, NGOs, universities and corporations. You will understand mediation better, and its significance in your personal and professional life. You will be able to develop a flexible mindset and a broad outlook to achieve sustainable outcomes. This book will cover: Models and principles from various domains of mediation: family, business & labor, public affairs, international relations A mediation framework to prepare for mediation and to run its process smoothly A step-by-step approach to a mediation session, from the opening until a possible settlement, via the various phases of problem solving Mediation traps and how to avoid them—for mediators and parties alike Ethics of mediation and questions of responsibility Mediation: Negotiation by Other Moves is essential reading for anyone who wishes to develop a pragmatic approach to mediation.

In the Temple of Mediation
In the Temple of Mediation

Author: Katina Klyavkova

Publisher:

Published: 2020-12-12

Total Pages: 378

ISBN-13:

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This book is written in response to the public need for a clear understanding of what MEDIATION is. The author Katina Klyavkova directly names the essence of this alternative dispute resolution peace-making practice. She has been researchingand applying mediation for more than twenty years.THE BOOK is aimed not only at professional mediators, peacemakers, but also at anyone whois resonating with holistic conciliation methods. The reader can dive into the ocean of mediation and experience it in practice as a party or as a mediator in various controversial situations in life. MEDIATION is interdisciplinary and widely applicable. It is one of the most up-to-date ways to harmonize relationships. The aha!-approach has beenspecifically developed by the author to inspire mediation parties to transform relationships at their very core.The author Katina Klyavkova is a professional mediator, conflictology expert and peacemaker, with many diffi cult cases and 92% success rate. She has been a trainer and director for many years at the Ahaya Mediation Center and Aha!demia for mediators. Her legal and psychological education gave her a solid foundation, and her expert skills in emotional intelligenceand organizational culture supported her as a moderator for building win-win relationships.