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"While there is no shortage of how-to books for mediators, works focusing on the voice of the mediator are rare. This book aims to fill that void by highlighting the perspectives of 16 mediators on a variety of topics, ranging from what motivates them to their different mediation styles and approaches." -Dispute Resolution Journal `I recommend this book to all mediators in whichever discipline they practise and with it the implicit challenge - to know and develop our craft.' -Resolution Newsletter, and www.resolution.org.uk The modern emergence of mediation represents the new and evolving application of an ancient and universal approach to settling quarrels. Mediation is now an established method of dispute resolution across a wide range of professional, workplace and social situations including the family, community, commercial, organisational, employment, environmental and international arenas. It is increasingly being applied to new legal, care and health sectors such as child abduction, child protection, housing and medical negligence. This book draws uniquely on the concrete knowledge and practice experience of leading mediators, working in a variety of fields, to inform contemporary debates and challenges. These practitioners reflect on the excitement, complexity, difficulty and satisfaction of their work as well as on the differences and commonalities within and across diverse fields of mediation practice. The book explores individual qualities and approaches, styles and models of practice, institutional frameworks and personal ideologies. Developing the Craft of Mediation is an essential aid for any mediator, and for other professionals wanting to enhance their understanding of the theory and practice of mediation.
"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.
This book examines mediation topics such as impartiality, self-determination and fair outcomes through popular culture lenses. Popular television shows and award-winning films are used as illustrative examples to illuminate under-represented mediation topics such as feelings and expert intuition, conflicts of interest and repeat business, and deception and caucusing. The author also employs research from Australia, Belgium, Canada, China, Denmark, France, Germany, Greece, India, Israel, Japan, the Netherlands, New Zealand, Singapore, South Africa, Spain, the United Kingdom and the United States of America to demonstrate that real and reel mediation may have more in common than we think. How mediation is imagined in popular culture, compared to how professors teach it and how mediators practise it, provides important affective, ethical, legal, personal and pedagogical insights relevant for mediators, lawyers, professors and students, and may even help develop mediator identity.
Folger, neglects the most important dimension of the process: its potential to change the people themselves who are in the very midst of conflict - giving them both a greater sense of their own efficacy and a greater openness to others.
Approx.394 pages
How can we make sense of the current age of global political disruption when populism leaves norms overturned and the future form of democracy unpredictable? Political representatives are no longer elected for their experience and expertise but out of a desire for an ephemeral sense of authenticity, a direct connection to citizens, and the certainty of the truths they tell. But when populists project these ideas and claim to represent the citizenry, what is reality and what is strategic performance for the media? This conceptually rich book explores the performative strategies of the populist politicians who disrupt the normative order with acts of ‘truth-telling’. It disentangles their complex use of media—from their appeal to news values through spectacular disruptions to sophisticated social media commentary—in repertoires of mediated performances. Based on vigorous empirical research in both established and transitional democracies, it develops a theoretical framework of populist communication in the new media environment.
This title was first published in 2001. This volume of essays explores the theoretical and jurisprudential bases of mediated forms of dispute resolution, from legal, anthropological, sociological, psychological and political sources. It also presents ongoing disputes about the field itself, including its threat to conventional litigation and justice seeking adjudication, and its promise in providing more humane and tailored solutions to human problems.
Traditional ideas of mediator neutrality and impartiality have come under increasing attack in recent decades. There is, however, a lack of consensus on what should replace them. Mediation Ethics offers a response to this question, developing a new theory of mediation that emphasises its nature as a relational process.
ADR: Principles and Practice is an essential Alternative Dispute Resolution title. The third edition will cover theory, principles and practice of ADR especially mediation, providing understanding, guidance and authority. It will explore and integrate models of practice; examine strategies; provide precedents; assist practitioners, policy makers and the judiciary in addressing the issues affecting practice; and generally provide an encyclopaedic work of reference for practitioners and students.