Download or read book Fairness and Self determination in Mediation written by Ross Ramsey and published by . This book was released on 1988 with total page 86 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Self Determination in Mediation written by Dan Simon and published by Rowman & Littlefield. This book was released on 2022-08-23 with total page 199 pages. Available in PDF, EPUB and Kindle. Book excerpt: Mediators are often pulled in many directions—they want to help their clients reach a speedy agreement, ensure the agreement is fair, and avoid coercion so they can honor mediation’s primary value of party self-determination. Can we have it all? In this groundbreaking resource, Dan Simon and Tara West illustrate how self-determination can mean much more than the absence of coercion—it can mean the opportunity for participants to increase their sense of agency as they gain clarity and confidence to make their own decisions, including those that express their highest values. Offering psychological research, philosophical principles, and real-life mediation stories, the authors examine where self-determination belongs in relation to other values, such as fairness, protection, and efficiency, as they wrestle with how to apply their principles in particularly challenging divorces, workplace conflicts, and more. Readers will be challenged to think deeply about how their values and assumptions guide their practice, and they will be inspired to more fully embrace their commitment to self-determination.
Download or read book Mediation Ethics written by Rachael Field and published by Edward Elgar Publishing. This book was released on 2020-05-29 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book A Theory of Mediators Ethics written by Omer Shapira and published by Cambridge University Press. This book was released on 2016-03-14 with total page 499 pages. Available in PDF, EPUB and Kindle. Book excerpt: Many aspects relating to the conduct of mediation are left to mediator choice, but mediators often lack adequate guidance on how their discretion ought to be exercised. In this book, Omer Shapira identifies the ethical norms that govern mediators' conduct. Adopting a professional ethics perspective on the basis of role-morality and applying it to a core definition of mediators' role, Shapira argues that all mediators are placed in ethical relationships with mediation parties, the mediation profession, the public and their employers. or principals that produce ethical obligations. The book goes on to explore the legitimate expectations of these groups and analyzes existing codes of conduct for mediators. Shapira constructs a theory of mediators' ethics that produces a proposed model code of conduct for mediators - a detailed set of norms of mediators' ethics that can be rationally justified and defended with regard to mediators at large.
Download or read book Mediation Popular Culture written by Jennifer L. Schulz and published by Routledge. This book was released on 2020-03-09 with total page 161 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Do You Believe in Magic written by Nancy Welsh and published by . This book was released on 2019 with total page 44 pages. Available in PDF, EPUB and Kindle. Book excerpt: Proponents of the “contemporary mediation movement” promised that parties would be able to exercise self-determination as they participated in mediation. When courts began to mandate the use of mediation, commentators raised doubts about the vitality of self-determination. Though these commentators also suggested a wide variety of reforms, few of their proposals have gained widespread adoption in the courts.Ensuring the procedural justice of mediation represents another means to ensure self-determination. If mediation provides parties with the opportunity to exercise voice, helps them demonstrate that they have considered what each other had to say, and treats them in an even-handed and dignified manner, it is more likely that the parties will share information that will lead to a result that actually represents the exercise of their selfdetermination.Recent research, however, counsels that status affects procedural justice perceptions, voice is not always productive, and parties who are marginalized or lower status may neither expect nor desire to exercise voice. Further, research indicates that even those parties in mediation who value voice may not value participating in the back-and-forth or bargaining process that is required to arrive an agreement.After reviewing this and other research, the Article proposes the following reforms to enhance the likelihood that mediation will provide all parties with voice, trustworthy consideration and real, substantive self-determination: increasing the inclusivity of the pool of mediators; training all mediators to acknowledge and address implicit bias; training mediators to engage in pre-mediation caucusing that focuses on developing trust; institutionalizing systems for feedback and quality assurance; training mediators to model reflective listening; adopting online technology that provides parties with pre-mediation information they need to engage in informed decision-making and the opportunity for self-analysis and self-reflection; and perhaps even identifying additional areas of mediation practice in which mediators would be required to take affirmative steps to avoid unconscionable unfairness or coercion.
Download or read book Ethics and Justice in Mediation written by Mary Anne Noone and published by . This book was released on 2018-07-30 with total page 160 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ethics and Justice in Mediation provides guidance for mediators through the ethical and practical challenges that arise in different mediation contexts. Mediation has developed beyond its infancy, and continues to evolve. As it matures, both new benefits and dilemmas emerge from the growing body of mediation experience, and require all mediators, whether new or experienced, to embrace change. There is now a significant focus on the ethical issues arising from the way a mediation is conducted; more specifically, the impact of a mediator's decisions on the parties and on the outcome. Given the sheer diversity of situations that a mediator might face, the challenge of ensuring an ethical process, and a just outcome, is becoming acute. Ethics and Justice in Mediation equips mediators with the skills required to identify the approach best suited to achieving just and ethical outcomes. It outlines the relevant mediation standards and values that apply and demonstrates the different approaches available to mediators to help them ensure balanced outcomes for all parties to a mediation. Guidance is provided by a scenario-based approach in which experienced mediators' responses, to several real-life situations, are shared to highlight the ethical and practical issues that may arise. The authors are experienced mediation specialists, well-qualified to present crucial ethical issues that mediators commonly face - but which have previously received little attention in mediation texts. Presenting six different mediation scenarios, they outline the relevant mediation standards and values applicable to each, enumerate the different approaches that may taken, and how these relate to the standards. Each scenario concludes with suggestions on how to approach the issues identified in the scenarios. By providing these practical suggestions for applying an ethical approach in these situations, it endeavors to ensure that mediations provide just outcomes.
Download or read book Ethics Standards and Professional Challenges written by John Lemmon and published by . This book was released on 1984 with total page 122 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Mediation Ethics written by Ellen Waldman and published by John Wiley & Sons. This book was released on 2011-03-29 with total page 470 pages. Available in PDF, EPUB and Kindle. Book excerpt: Mediation Ethics is a groundbreaking text that offers conflict resolution professionals a much-needed resource for traversing the often disorienting landscape of ethical decision making. Edited by mediation expert Ellen Waldman, the book is filled with illustrative case studies and authoritative commentaries by mediation specialists that offer insight for handling ethical challenges with clarity and deliberateness. Waldman begins with an introductory discussion on mediation's underlying values, its regulatory codes, and emerging models of practice. Subsequent chapters treat ethical dilemmas known to vex even the most experienced practitioner: power imbalance, conflicts of interest, confidentiality, attorney misconduct, cross-cultural conflict, and more. In each chapter, Waldman analyzes the competing values at stake and introduces a challenging case, which is followed by commentaries by leading mediation scholars who discuss how they would handle the case and why. Waldman concludes each chapter with a synthesis that interprets the commentators' points of agreement and explains how different operating premises lead to different visions of what an ethical mediator should do in a given case setting. Evaluative, facilitative, narrative, and transformative mediators are all represented. Together, the commentaries showcase the vast diversity that characterizes the field today and reveal the link between mediator philosophy, method, and process of ethical deliberation. Commentaries by Harold Abramson Phyllis Bernard John Bickerman Melissa Brodrick Dorothy J. Della Noce Dan Dozier Bill Eddy Susan Nauss Exon Gregory Firestone Dwight Golann Art Hinshaw Jeremy Lack Carol B. Liebman Lela P. Love Julie Macfarlane Carrie Menkel-Meadow Bruce E. Meyerson Michael Moffitt Forrest S. Mosten Jacqueline Nolan-Haley Bruce Pardy Charles Pou Mary Radford R. Wayne Thorpe John Winslade Roger Wolf Susan M. Yates
Download or read book Mediation Theory and Practice written by Suzanne McCorkle and published by SAGE Publications. This book was released on 2018-03-23 with total page 397 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book A Paradigm Shift for Mediation Ethics written by Rachael Field and published by . This book was released on 2012 with total page 710 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Mediation Law and Practice written by David Spencer and published by Cambridge University Press. This book was released on 2007-02-08 with total page 546 pages. Available in PDF, EPUB and Kindle. Book excerpt: Mediation Law and Practice gives a thorough account of the practice of mediation from the perspective of the student and practitioner. Divided into two parts, it deals with both the practice of mediation and the law surrounding mediation. Touching on the theory and philosophy behind the practice, it further describes in a theoretical and practical sense the difference between the emerging models of mediation. Mediator qualities are discussed in terms of issues of gender, culture and power. This book examines the important issue of mediation ethics and, taking into account the developing law surrounding the practice, proposes a code of ethics. It looks at the future of mediation in light of the decline in litigation, the rise in regulatory constraints on mediation and the popularity of online mediation. Mediation Law and Practice provides students and practitioners with the complete text on the practice and law surrounding mediation.
Download or read book Success as a Mediator For Dummies written by Victoria Pynchon and published by John Wiley & Sons. This book was released on 2012-04-10 with total page 374 pages. Available in PDF, EPUB and Kindle. Book excerpt: Everything you need to enter the exciting field of legal mediation To be an effective mediator, it's essential to possess the ability to take control of animated situations, offer advice, and facilitate discussion—all the while remaining neutral without formulating biased judgment. Success as a Mediator For Dummies helps you acquire these attributes and much more. Aspiring mediators will learn the importance of upholding an honorable reputation, the skills, personality traits, and characteristics of a good mediator, and how to effectively market a successful mediation career. Plus, you'll get practical advice about finding work in the field, realistic salary information, and tips on as tips on identifying whether you have the skills and tools to become a good mediator. The steps necessary to become a mediator (education, training, licensing, states-specific requirements, etc.) How your education and professional background can enhance your mediation work Sample rules and standards of conduct All the steps necessary to build and market a successful private practice in mediation, or flourish as a mediator in a law firm, corporation, school, or non-profit organization Whether you have a background in law or an interest in legal careers, Success as a Mediator For Dummies gives you everything you need to enter the exciting field of legal mediation.
Download or read book Mediation and Justice written by Penelope McRedmond and published by Taylor & Francis. This book was released on 2024-07-22 with total page 252 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book asks why justice is important to both individuals and to society as a whole. A number of justice questions are raised to evaluate whether mediation can deliver social, distributive, procedural, or substantive justice and fairness. Focussing on a scrutiny of mediation in the context of justice, the book covers social justice and justice issues posed by confidentiality, bias, lack of fairness, and Online Dispute Resolution. Discussing whether mediation can truly deliver justice to all, this book identifies areas where this fails and provides solutions and suggestions for improvement.. The dangers of private justice, bias, mandatory mediation, and the side lining of the importance of fairness in the resolution of disputes are all considered. In contrast, the positive aspects of mediation are added to the balance. This book will be of interest to researchers in the field of conflict resolution, law, and social science. Readers will also be found among mediators and people interested in justice and the civil justice system.
Download or read book The Unfulfilled Promise of Self Determination in Court Connected Mediation written by Peter Reilly and published by . This book was released on 2023 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the context of mediation, party self-determination refers to the ability of disputants to have power, control, and autonomy in the process. There are numerous process design questions involved in running a mediation, no matter its subject matter. Consider just one example: “Should the mediation be conducted in-person, or virtually?” The answer to this question can have a profound impact on the direction and course of a mediation, including its outcome. Yet, in the context of court-connected mediation, disputing parties are not consistently provided the opportunity to give input on how such process design questions are resolved. In fact, these decisions are typically made by mediators, courts, program administrators, counsel, or others--all of which conflicts with the MODEL STANDARDS OF CONDUCT FOR MEDIATORS' declaration that disputing parties may exercise self-determination at any stage of a mediation, including process design. In effect, this dynamic represents a significant failure regarding one of mediation's core promises. The paper proposes a novel solution to this unfulfilled promise: the institution of an Opening Negotiation Session at the start of every court-connected mediation. This joint meeting would involve all participants (mediators, disputants, and counsel) to ensure party interests are accounted for in deciding how four specific process design questions, all explored in the paper, will guide the mediation. This opening negotiation can immediately impact how the mediation will be run as it moves forward, thereby dramatically enhancing party self-determination and leading to a more tailored, empowering, and accountable resolution process for all participants.
Download or read book Beyond the Courtroom written by Hal Abramson and published by Academic Studies PRess. This book was released on 2020-11-03 with total page 445 pages. Available in PDF, EPUB and Kindle. Book excerpt: Beyond the Courtroom provides a compilation of articles and chapters by a dispute resolution scholar who has made remarkable contributions over his thirty-year career. Professor Abramson has focused his research and practice on parties trying to resolve their own disputes. This book includes publications that have contributed to launching the then new field of mediation representation with special attention on how attorneys, as gate keepers to mediation, can effectively represent clients. The book also includes his original publications that have contributed to the emerging field of intercultural and international mediation and the already robust and mature field of negotiations.
Download or read book To Achieve Justice Or to Respect Traditional Mediation Values written by Elnegahy Sherif and published by . This book was released on 2018 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study acknowledges that the field of mediation needs clarity, a sense of unity and an assurance that mediation is capable of delivering justice.Throughout this thesis, there is an extensive reading of a wide range on international academic articles, texts, procedural rules, practice guidelines and court precedents along with a review of a range of practice across many different jurisdictions and different fields beyond mediation and law such as conflict resolution, sociology, philosophy, history, religion and economics. This research examines the theory of educated self-determination (in both theory and practice) and its ability in bringing uniformity to the field of mediation and aid mediation to deliver justice, all in a deductive research methodology.The research sets forward an understanding of the meaning of mediation and the meaning of creative justice. Then the research Identifies the possible concerns that both the mediation inner and outer circle teams may raise and attempt to address such concerns.The research proposes that the theory of educated self-determination has the potential to present a sense of unity to the mediation field and better allow mediation to deliver creative justice to the parties.
