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Vol 21 No 11 Nov/Dec 2016

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Mediation: Theory, Policy and Practice

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ISBN13: 9780754620525
ISBN: 0754620522
Published: March 2001
Publisher: Ashgate Publishing Ltd
Country of Publication: UK
Format: Hardback
Price: Out of print



This volume of essays will explore the theoretical and jurisprudential bases of mediated forms of dispute resolution, from legal, anthropological, sociological, psychological and political sources. It will present on-going 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.

Essays in the book will engage with critiques of mediation, both as theorized and as practiced, by feminists, critical race theorists, social psychologists, social theorists and adjudication advocates and it will present the responses of those who see mediational modes as offering solutions to the rigid and limited ways of conventional legalistic decision making.

In addition, the book will highlight some of the controversial areas of micro-practice and macro-policy, such as whether mediation should use private meetings (caucuses), engages in facilitation or evaluation, be compulsory or voluntary, offered in public settings or left to the private agreement of parties, what the ethics of mediation professionals should be, both as neutrals and as advocates.

There will be selections from a variety of countries and legal systems in which mediation is currently practiced, with both cultural and historical variations.

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Subjects:
Arbitration and Dispute Resolution
Contents:
Theory - purposes and goals of mediation: mediation - its forms and functions, Lon L. Fuller; whose dispute is it anyway? - a philosophical and democratic defense of settlement (in some cases), Carrie Menkel-Meadow; Changing people, not just situations - a transformative view of conflict and mediation, Robert A. Barusch and Joseph P. Folger; Post-settlement settlements, Howard Raiffa. Definitions, origins, ideologies and controversies: the many ways of mediations - the transformation of traditions, ideologies, paradigms and practices, Carrie Menkel-Meadow; understanding mediators orientations, strategies and techniques - a grid for the perplexed, Leonard L. Riskin; mediator settlement strategies, Susan S. Silbey and Sally E. Merry; the unspoken resistance to alternative dispute resolution, Marguerite Millhauser; the mediation alterntive - process dangers for women, Trina Grillo; controlling processes in the practice of law - hierarchy and pacification in the movement to re-form dispute ideology. Practice and policy issues: selective facilitation - some preliminary observations on a strategy used by divorce mediators, David Greatbatch and Robert Dingwall; neutrality - a guide for the organizational ombudsperson, Howard Gadlin and Elizabeth Walsh Pino; dealing with power imbalances in the mediation of interpersonal disputes, Albie M. Davies and Richard M. Salem; the value of decision analysis in mediation practice, Marjorie Corman Aaron; the top ten reasons why mediator should not evaluate, Lela P. Love; small claims mediation in Maine - an empirical assessment, Craig A. McEwen and Richard J. Maiman; ethics in alternative dispute resolution - new issues, no answers from the adversary conception of lawyers responsiblities, Carrie Menkel-Meadow. Applications: mediation in family disputes, Simon Roberts; ideological prouction - the making of community mediation, Christine B. Harrington and Sally Engle Merry; dispute resolution in China after Deng Xiaoping, Stanley B. Lubman; ""Mao and Mediation revisited""; experiences of mediation (in the central London county courts) from mediation in action - resolving court disputes without trial, Hazel Genn; restoring justice, David Lerman. The future hope and promise of mediation: fitting the forum to the fuss - a user-friendly guide to selecting an ADR procedure, Frank E.A. Sander and Stephen B. Goldberg; conflict resolution, cultural differences and the culture of racism, Howard Gadlin; the trouble with the adversary sysytem in a postmodern multicultural world, Carrie Menkel-Meadow.