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"A delight to read; an invaluable historical and cultural narrative."--Leslie Marmon Silko
Mediation Theory and Practice, Third Edition introduces you to the process of mediation by using practical examples that show you how to better manage conflicts and resolve disputes. Authors Suzanne McCorkle and Melanie J. Reese help you to understand the research and theory that underlie mediation, as well as provide you with the foundational skills a mediator must possess in any context, including issue identification, setting the agenda for negotiation, problem solving, settlement, and closure. New to the Third Edition: Expanded content on the role of evaluative mediation reflects the latest changes to the alternative dispute resolution field, helping you to distinguish between various approaches to mediation. Additional discussions around careers in conflict management familiarize you with employment opportunities for mediators, standards of professional conduct, and professional mediator competencies. New activities and case studies throughout each chapter assist you in developing their mediation competency.
Click here to see the Book Review by The Law Society of Tasmania. This book is designed to deal with the practical operation of the mediation process, with particular reference to the skills and techniques which can be used by mediators to assist the parties' decision-making process. Written for both beginner and experienced mediators and others involved in the practice of dispute resolution, it deals systematically yet eclectically with all aspects of the mediation process, covering a wide range of planning, precautionary and trouble-shooting methods required in practice. It emphasises three particular features of the mediator's role: · Understanding, diagnosing and defining the conflict · The importance of creating the best possible climate for parties to resolve disputes · Being a facilitator of the parties' negotiations Features · All mediator skills and techniques are related to the National Mediator Accreditation Standards · Simple, plain English format focussing heavily on the practical knowledge and skills used in legal practice · Practical illustrations and case studies are provided to illustrate important points · A range of documents and precedents is provided in the appendicesrly learning, but it will serve as an excellent ongoing reference in students' law studies. About the Author Professor Laurence Boulle AM is Director of the Mandela Institute for Global Economic Law and Issy Wolfson Professor at the University of the Witwatersrand, Johannesburg. He is also Professor of Law at Bond University, Queensland, a former chair of NADRAC and a part-time member of the National Native Title Tribunal. Professor Nadja Alexander is Director of the Institute for Conflict Engagement and Resolution and Professor of Conflict Resolution at Hong Kong Shue Yan University. She is also Adjunct Professor at Bond University (Qld) and Murdoch University (WA), and Honorary Research Fellow at the University of the Witwatersrand, South Africa. Professor Alexander is a member of NADRAC and the International Mediation Institute. She is an accredited mediator in Australia and Hong Kong.
As the field of Online Dispute Resolution (ODR) has grown and evolved, it has often met resistance from practitioners and theorists alike. One core theme has always been that the interpersonal processes of negotiation and mediation are fundamentally dependent on an elusive quality or aspect dubbed 'the human touch'. The cold impersonal environment of the internet, the arguments went, is inherently bereft of the human touch.ODR had been growing rapidly even before the COVID-19 pandemic drove all forms of professional practice, including negotiation and mediation, online. The time has come, therefore, to reframe these objections into appreciative exploration:Just what is this 'human touch' and in what sense is it absent in online communication? How can practitioners regain the human touch, and bring it to bear in online interactions? Might there be ways in which we can imbue online negotiation and mediation processes with the human touch even beyond the levels encountered in-person interactions?To transform an ineffable notion into applicable theory and practice, the chapter outlines three key human-touch areas: trust, empathy, and social intuition. The chapter explains each area through a human-touch perspective. It then maps out the challenges to each in the online environment, and recommends helpful practices for enhancing each of these human-touch areas in online negotiation and mediation processes.
Explores even the fundamental assumptions underlying mediation analysis
Rooted in multimodal conversation analysis and based on video recordings of naturally occurring social interactions, this book presents a novel analytical perspective for the study of touch. The authors focus on how different forms of touch are interactionally organized in everyday, institutional, and professional practices, showing how touch is multimodally achieved in social interaction, how it acquires its significance, how it is embedded in the current activity and in its social context, and how it is systematically intertwined with talk, facial expressions, and body posture. Including work by a wide range of renowned researchers, this volume provides rich visual illustrations of situations featuring touch as a social and intersubjective practice. The studies make a compelling contribution to the field by clearly examining and demonstrating the social meaning of touch for the participants in social interaction in a broad range of contexts. Presenting a new methodology for the study of touch, this is key reading for all researchers and scholars working in conversation analysis, multimodality, and related areas.
Touch is the first sense to develop in the womb, yet often it is overlooked. The Senses of Touch examines the role of touching and feeling as part of the fabric of everyday, embodied experience. How can we think about touch? Problems of touch and tactility run as a continuous thread in philosophy, psychology, medical writing and representations in art, from Ancient Greece to the present day. Picking through some of these threads, the book 'feels' its way towards writing and thinking about touch as both sensory and affective experience. Taking a broadly phenomenological framework that traces tactility from Aristotle through the Enlightenment to the present day, the book examines the role of touch across a range of experiences including aesthetics, digital design, visual impairment and touch therapies. The Senses of Touch thereby demonstrates the varieties of sensory experience, and explores the diverse range of our 'senses' of touch.
A practical companion to the much-acclaimed Transforming Conflict through Insight, Practising Insight Mediation is a book about how insight mediators do their work and why they do it that way. In the book, Cheryl A. Picard, co-founder of insight mediation, explains how the theory of cognition presented in Bernard Lonergan's Insight can be used as the basis for a learning-centred approach to conflict resolution in which the parties involved improve their self-understandings and discover new and less threating patterns of interaction with each other through efforts to better their conflict relations. Practising Insight Mediation features a wide range of valuable resources for any conflict practitioner, including in-depth descriptions of insight communication skills and strategies, a transcribed example mediation, sample documents, and a mediator's self-assessment tool. The essential handbook for those interested in learning about and applying this fast-growing conflict resolution and mediation approach, the book also includes discussions of the latest research into the application of the insight approach to areas including policing, spirituality, and genocide prevention.
The Way of Love asks the question: How can we love each other? Here Luce Irigaray, one of the world's foremost philosophers, presents an extraordinary exploration of desire and the human heart. If Western philosophy has claimed to be a love of wisdom, it has forgotten to become a wisdom of love. We still lack words, gestures, ways of doing or thinking to approach one another as humans, to enter into dialogue, to build a world where we can live together.