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Vol 21 No 10 Oct/Nov 2016

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Reflexive Mediation: With a Sustainable Perspective

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ISBN13: 9788757420869
Published: December 2011
Publisher: DJOF Publishing
Country of Publication: Denmark
Format: Paperback
Price: £48.00



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Mediation and conflict resolution are not subjects about which one can be 'neutral'. Values and concepts such as fairness, truth, power and neutrality etc., will always have a role to play, not just for the parties involved, but also for the mediator. The non-model is characterised by being eclectic, though not in the sense that 'anything goes' as long as it works. It is eclectic because it allows for inspiration to be drawn from all the best known mediation models and to use elements of them in practice, since what is of most importance to mediation is the values and assumptions that motivate the mediator and which are developed in the course of the mediation.

This means that the non-model is not something external, put on like a coat and taken off again after training; it is internal, concerned with values which are integrated and which are part of the mediator, both in mediation and outside mediation. This author believes, it is time for mediators to look further than merely discussing skills, techniques and models, and to take up the personal challenge and responsibility of being conscious of the deeper values and beliefs that drive them, and then constantly, during and after each mediation, to evaluate what they did and how they did it.

Just as mediators in mediation believe that the ultimate responsibility for reaching a satisfactory outcome to a conflict belongs to the parties, so mediators must be willing to take the responsibility for preserving mediation as a process as unique as it was when they started as mediators. General knowledge of and understanding about conflicts, and how they are structured and develop, are thus necessary prerequisites for mediators to understand the behaviour both of the parties and of themselves in the face of a conflict and to know how react to appropriately. Thus the understanding of conflicts precedes the chapters on mediation. The book concludes with a chapter which looks at the connection between conflicts at the individual level and at the international level.

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Subjects:
Arbitration and Dispute Resolution
Contents:
Foreword
Chapter 1. Conflict mediation with a reflexive approach - an introduction
Chapter 2. Underlying values and assumptions
Chapter 3. An overview
Chapter 4. Conflicts and their escalation
Chapter 5. Truth, dialogue and culture
Chapter 6 Active listening and movement in communication
Chapter 7. Negotiation
Chapter 8. Voluntariness and confidentiality
Chapter 9. Neutrality and impartiality
Chapter 10. Power and justice
Chapter 11. Reconciliation
Chapter 12. Mediation in international conflicts and the link between major and minor conflicts
Chapter 13. Ethics and liability
Part 2. A practical step by step description of mediation
Chapter 14. Before the meeting
Chapter 15. Stage 1: Opening - The first joint meeting
Chapter 16. Stage 2: The submissions of the parties and dialogue
Chapter 17. Stage 3: Defining the problem areas and setting the agenda
Chapter 18. Stage 4: Generating possible solutions
Chapter 19. Stage 5: Negotiating the agreement
Chapter 20. Stage 6: The agreement must be checked and approved
Chapter 21. After the meeting
Chapter 22. The parties do not keep to the agreement
Chapter 23. Problematic mediations
Chapter 24. Lawyers and other professional advisers in mediations
Postscript. Mediation in the Nordic countries - past, present and future Annexes
Literature
Index
Figures