bluuebunny/crossref_metadata_2025 huggingface dataset:
Diffusion of a campus innovation: Integration of a new student dispute resolution center into the University culture
Authors: Jameson Jessica Katz
Published: July 2007

Campus mediation programs serve a variety of disputes while educating students in alternative dispute resolution. A major challenge to these programs is that of integration into the existing campus structure. This article draws on Everett Rogers's (1983, 1995) theory of the diffusion of innovations to discuss a strategic plan for the integration of a dispute resolution program into the culture of a college campus. Research was based on a program introduced at Temple University using a peer mediation model of conflict management. Guidelines are presented to assist others interested in integrating a student dispute resolution center into their own campus culture.
Satisfaction with custody mediation: Results from the York County custody mediation program
Authors: Jones Tricia S. , Bodtker Andrea
Published: July 2007

This article reports a portion of an evaluation of the York County Custody Mediation program funded by the State Justice Institute. Data from 169 mediated cases were collected immediately following mediation, and follow‐up data from 47 percent of those cases were obtained six to nine months following mediation. Disputants had high rates of short‐term satisfaction with mediation process and outcomes. Satisfaction was related to whether agreements had been achieved, whether PFAs had been filed, whether caucuses were used, and whether disputants were represented by attorneys. Long‐term and short‐term satisfaction were strongly correlated. Mediators were less satisfied with mediation process than disputants.
Conflict assessment and the cape cod national seashore
Authors: Caddick Jennifer , Jermansen Kari , Mastrototaro Jill , Senecah Susan
Published: July 2007

Over the past several decades, the Cape Cod National Seashore has experienced a clash between interests regarding off‐road vehicle use and the protectioòn of piping plover habitat. This conflict came to a head in September 1995 when parties interested in resolving the dispute committed to a negotiated rule‐making process. Prior to the inception of the process, professional mediators conducted two conflict assessments with potential stakeholders in the rule‐making process, one in 1993 and a second in 1995. Because conflict assessment is not always attempted by mediators prior to negotiated rule making or mediation in general (Susskind, 1998), this article attempts to acknowledge the value of such an engagement to stakeholders. Here, interviews serve as the primary method by which information was collected from some of the organizations involved in the rule making. Overall research results indicate stakeholder support for the use of conflict assessment in effectively preparing them for the negotiated rule‐making process.
Conflict education in a special needs population
Authors: Jones Tricia S. , Bodtker Andrea M.
Published: July 2007

This article reports on a two‐part pilot project in which a conflict education program and a peer mediation program were implemented in a special needs population to reduce students' aggressive behaviors and improve the school's climate. The participating school was an approved private school to which students (ages five through twenty‐one) with learning disability (LD), emotional disability (ED), or attention deficit‐hyperactivity disorder (ADHD) were referred from public education institutions unequipped to provide necessary services. The project is discussed in terms of needs assessment, program development and implementation, and insights for training with a special needs population. Research was conducted to ascertain the impact of conflict education training on incidents of aggressive behavior and school climate. Results indicate a significant reduction in the most serious behavioral incidents during the project period, as well as a slight increase in moderately serious incidents and a sharp increase in nonserious incidents. A decrease in the frequency of fights among younger students and a significant improvement in school climate were also apparent.
Responding to a schoolwide conflict resolution‐peer mediation program: Case study of a middle school faculty
Authors: Matloff Gary , Smith Stephen W.
Published: July 2007

Conflict resolution (CR) and peer mediation (PM) programs are flourishing as alternatives to adult‐mediated disciplinary models in many school settings. This study found that the degree of faculty involvement influenced the school‐wide implementation of the CR‐PM program described here. Faculty interviews reveal a progression of teacher concerns as teachers become involved in change. Results suggest that understanding a faculty's perspective within the context of a CR‐PM program can lead to constructive problem solving when implementing a schoolwide program that is designed to change the way school professionals respond to discipline problems.
Understanding public disputes resolution in community mediation
Authors: Sachs Andrew M.
Published: July 2007

Community mediation is advancing the use of consensus processes through effective interventions in a wide range of public issues. Although important distinctions between community‐based and other public disputes resolution providers might exist, a high degree of similarity in the kinds of cases that both handle is demonstrated here by associating community‐based case reports with twelve out of sixteen categories of interventions conducted by the public disputes resolution field. Mediation scholars should include community‐based experiences when evaluating public disputes resolution for a thorough analysis of the whole field and to improve understanding of community‐based public disputes resolution.
Attorneys' negotiation strategies in mediation: Business as usual?
Authors: Gordon Elizabeth Ellen
Published: July 2007

Negotiation, the standard settlement process for lawsuits, is increasingly being conducted by attorneys in a mediated setting. This article explores the effect of negotiating in mediation on attorneys' negotiation strategies. Attorneys in North Carolina's civil mediation program were surveyed on their attitudes toward negotiation in mediated and nonmediated contexts. Results indicate that attorneys are somewhat more willing to embrace the principles of non‐competitive negotiation in mediation than in routine settlement processes. Two implications are that mediation is unlikely to revolutionize the way attorneys negotiate and that mediation can support expanded use of less competitive negotiation without jeopardizing the adversary system.
Current issues facing the practice of environmental mediation
Authors: Senecah Susan L.
Published: July 2007

This article focuses on the alternative dispute resolution process of mediation, especially as applied to environmental disputes. Many of the critical dilemmas facing environmental mediators hinge on the tension between party self‐determination and informed decision making, and mediator neutrality. In the interest of advancing greater understanding and discussion of the practice of environmental mediation, this article presents a brief background to environmental mediation, its distinguishing characteristics, and some of the most commonly recurring dilemmas, many with ethical implications.
Genetic technology and family conflict
Authors: Gentry Deborah B.
Published: July 2007

Modern technologies are taking laypersons and professionals into uncharted waters, prompting many to ask: Just because we can, should we? Specifically, genetic technologies are presenting numerous issues for which there are no easy answers. What role can family mediators play in resolving family conflicts related to genetic testing, treatments, and therapies?
Conflict education and special‐needs students, part two: Improving conflict competence and emotional competence
Authors: Bodtker Andrea
Published: July 2007

Although special‐needs students are typified by emotional and behavioral disabilities that are critical to their conflict orientation and conflict behavior, very little work has been done to bring conflict education programs to them; even less has been done to explore the efficacy of these interventions. This article reports on the impact of conflict education training provided to thirteen upper school classes of a special‐needs population in a private school setting. Training was delivered in sessions of one hour once a week for a three‐month period. It was hypothesized that conflict education would increase students' perspective taking and emotional management and decrease their hostile attribution and aggression. Self‐report, other‐report, and behavioral data were obtained to assess impact. Results indicated that there was no impact on perspective taking. Impact for emotional management was in the predicted direction for the self‐report data, but in the opposite direction for the other‐report data from teacher ratings. There was strong support for the hypothesis that conflict education would reduce hostile attribution and partial support for the expectation that it would reduce aggressiveness. Impacts on aggressive behavior were influenced by the cognitive ability of the student.
Evaluating environmental mediation: Results from a waste management conflict in germany
Authors: Holzinger Katharina
Published: July 2007

Little empirically based research has been carried out with the aim of evaluating mediation procedures in the area of environmental policy. Generally, such procedures are evaluated retrospectively and on the basis of general atteria. The Social Science Research Center Berlin (WZB) conducted a research project into mediation procedures in the field of environmental protection, the central object of study being the mediation procedure undertaken to resolve a dispute over the waste management program of Neuss County in Germany This paper presents some results of the accompanying social scientific research, with the aim of evaluating the success of the mediation. It begin by describing the problems underlying the mediation procedure in NeuSS the procedure itself, and the results achieved. Then follows an evaluation of this procedure, based on eighteen key procedural and results‐related criteria for evaluating the success of the mediation. The analysis shows that evalual ing mediation procedures is a highly complex affair, and that this is reflected in the evaluations made by the participants themselves.
Employee perceptions of the availability and use of interest‐based, right‐based, and power‐based conflict management strategies
Authors: Jameson Jessica Katz
Published: July 2007

Descriptive research on workplace conflict management suggests that interest‐based approaches such as mediation are underused (Sheppard, 1984). This study examines managerial and nonmanagerial employees' levels of awareness of the conflict management strategies and third parties available to them, the types of strategy they perceive as most ideal and most realistic, and the barriers to using the most ideal strategies. Results confirm that although mediation is often viewed as the most ideal strategy, it is not widely perceived as most realistic. Findings suggest that many employees need more conflict management training and additional third parties need to be made available in the workplace. Implications for organizational conflict management and dispute system design are discussed.
Lessons from brief therapy? Some interactional suggestions for family mediators
Authors: Dingwall Robert , Miller Gale
Published: July 2007

One continuing issue in mediation is the degree to which mediation and therapy can and should overlap. This article, which draws upon the empirical work of Dingwall and colleagues, looks at an area in which overlap may be beneficial. The authors review the concept and techniques of brief therapy and indicate appropriateness for family mediation.
Community mediation in Singapore: Principles for community conflict resolution
Authors: Tan Ngoh‐Tiong
Published: July 2007

As a global city, Singapore represents a special crisscrossing of numerous ethnicities, nationalities, and people. This article focuses on a planned approach in developing community mediation in Singapore against a backdrop of changing cultures. Key principles and issues for effective mediation, applicable in other contexts, are outlined. Leadership and training in community mediation, as well as public education and prevention of conflict, are discussed in this article. Community mediation must emphasize participation of members of the community and suit social, cultural, and political contexts.
A tale of interesting conversations: Exploring reconciliation in Northern Ireland
Authors: Bland Byron L
Published: July 2007

Bland describes the conversations and background questions that led to development of a joint research project involving Stanford University's Center on Conflict and Negotiation (SCCN) and Community Dialogue (CD), a grassroots dialogue group in Northern Ireland. Beginning with the premise that contentious political parties can be united by the realization that they cannot get what they want without one another's consent, Bland develops a research agenda based on six propositions about reconciliation. He reports on an extended exploratory workshop that was held by SCCN and CD and highlights an important tension existing between the goal of greater understanding that dialogue seeks and the goal of greater partnership toward which reconciliation aims. In response to the workshop and subsequent political developments, SCCN and CD have begun to explore how the activities of dialogue and relationship building affect, positively and negatively, the more immediate need to reduce destructive social and political conflict.
Building conflict resolution infrastructure in the Central and South Pacific: Indigenous populations and their conflicts with governments
Authors: Barnes Bruce E.
Published: July 2007

Three areas of the Central and South Pacific have a history of colonization of indigenous peoples by English‐speaking nations. In each area, conflict between the indigenous population and the governments and settler population has been pervasive and diverse. Tracing the indigenous cultural underpinnings of two methods of conflict resolution, the author discusses application of sovereignty dialogues and restorative justice processes. Indigenous Polynesian cultural themes and their recent evolution are connected to the development of powerful, culturally appropriate tools to address the long‐standing conflicts between indigenous peoples and modern governments.
Civil war characteristics, mediators, and resolution
Authors: Olson Marie , Pearson Frederic S.
Published: July 2007

It has been assumed that mediators of civil strife are more likely to experience success if they are both separate and neutral (that is, “outsider‐impartial”) with respect to the conflict at hand. Recently, though, theorists have posed an “insider‐partial” model of the trusted regionally accepted mediator as being more effective. This article tests these contrasting assumptions. According to Roy Licklider, there have been only fourteen cases of successfully negotiated settlement of a civil war since 1945. We therefore derive a sample of seven successful cases and contrast them with seven that were not successfully negotiated, for the 1960‐1994 period. We look for mediator and conflict characteristics predicting successor failure, using a combination of quantitative and qualitative analyses. Results indicate that the relationship is a complex one including various interactive effects where the type of mediator can make a difference. The ability to bring parties to agreement, however, comes most often through repeated attempts and in the presence of some form of external military intervention and major power action, but particular circumstances can be complicated by the nature of civil war itself.
Oregon's scrip model: Building school conflict resolution education capacity through community partnerships
Authors: Ford Eve
Published: July 2007

There are many complex challenges involved in designing and implementing effective school conflict resolution education (CRE) systems, and there never seems to be enough time, money, staff, or other resources. This article describes the community‐based partnerships model that Oregon developed to encourage schools to recognize and draw on those community resources, to start small and build toward a sustainable CRE program.
The ethical basis of mediation: Why mediators need philosophers
Authors: Gibson Kevin
Published: July 2007

There is a great deal of confusion in discussions about ethics in mediation, much of which is caused by practitioners and theorists assuming that key ethical terms are evident and universally accepted, whereas these terms are often vague and contentious. Philosophers can help by clarifying the language used in claims about ethics and by providing a framework, or “grammar,” for rational argument.
Benefits of court‐sponsored divorce mediation: A study of outcomes and influences on success
Authors: Camplair Christopher W. , Stolberg Arnold L.
Published: July 2007

Each of seventy‐six divorcing couples and individuals was assigned by court intake officers to either mediation or litigation interventions to resolve child‐related disputes. No formal decision‐making procedure was used for group assignment. Measures assessing initial dyadic, co‐parenting, and family functioning, and dispute characteristics were completed by all subjects before intervention and by mediating couples after intervention. No differences in initial functioning of the two groups were found, but mediating couples presented more disputes and more noneconomic issues. Most mediating couples (69 percent) resolved one or more disputes. Following mediation, women and mediators reported more positive changes than did men. Success in mediation may be linked to the content and importance of the disputes and to the willingness to compromise.
Gentle Jeopardy: The further endangerment of battered women and children in custody mediation
Authors: Hart Barbara J.
Published: July 2007

This article addresses the debate over mediation as an alternative to litigation by reviewing the literature on custody mediation in the context of domestic violence and by examining the “fit” between the process of mediation and domestic violence participants. The evidence shows that mandatory custody mediation is inappropriate in the context of wife abuse.
Effects of domestic violence on children and their consequences for custody and visitation agreements
Authors: Pagelow Mildred Daley
Published: July 2007

This research review provides strong support for claims by battered women's advocates that domestic violence is harmful to children. The author argues against custody mediation between abusers and their victims but acknowledges that relatively few victims identify themselves. Some suggestions on ways to identify violent relationships are offered, plus some ideas on measures mediators may take in those jurisdictions where mediation is mandatory. Research findings suggest taking a new look at parent‐child contact after violent marriages terminate in divorce, including a stronger focus on the best interests of the child rather than on parental rights.
Part 3. Models of practice. Mediation triage: Screening for spouse abuse in divorce mediation
Authors: Girdner Linda K.
Published: July 2007

The Conflict Assessment Protocol is a screening tool that can be administered in individual sessions with parties involved in a divorce‐related dispute. By identifying the parties' patterns of decision making, fighting, and expressing anger, as well as their history of abusive behaviors, the mediator can assess the dimensions of power and control in the relationship and the appropriateness of mediation. A triage system is then employed to sort cases into three categories: (1) those likely to benefit with mediation conducted as usual; (2) those likely to benefit from mediation conducted with specific ground rules, resources, and skills; and (3) those more likely to experience harm, who should be excluded from mediation.
Mediating spousal abuse divorces
Authors: Erickson Stephen K. , McKnight Marilyn S.
Published: July 2007

This article declines to debate whether or not mediation of spousal abuse cases is appropriate. Rather, it assumes that approximately half of all cases submitted for mediation involve some history of spousal abuse; the question therefore becomes not whether to mediate but what special steps must be taken when abuse is suspected or known. Concerns about protection, control, and power balancing require sophisticated skills that the beginning, inexperienced, or minimally trained mediator may lack. This article outlines special procedures that have been developed to assure successful mediated outcomes of these special cases.
Is mediation less expensive? Comparison of mediated and adversarial divorce costs
Authors: Kelly Joan B.
Published: July 2007

Couples obtaining divorces using the two‐attorney adversarial process spent 134 percent more in total fees than couples using a comprehensive divorce mediation to resolve all issues. The two groups did not differ in complexity of divorce, marital conflict, anger at spouse, anticipated disagreement, or household income.
Understanding community dispute resolution
Authors: Dukes Frank
Published: July 2007

This article suggests the need for a new understanding of community dispute resolution programs. Research into these programs has two problems: the conceptual framework that frames research questions focuses solely on dispute processing, thus ignoring other important aspects of community dispute resolution; and the research results do not reach those involved in community dispute resolution, from volunteers to policymakers, in ways that can make a difference to them. By developing new ways of conceptualizing the goals, purposes, and results of community dispute resolution, as well as the problems it is intended to address, researchers can alter the context of policy discourse in this field.
Dispute management in the schools
Authors: Araki Charles T.
Published: July 2007

In the modern‐day school environment, a serious frustration gap exists between students' expectations of being involved in decisions affecting them and the extent to which they actually are involved. Educators have long supported the notion that students should be given a greater role in determining their own destinies. To test this idea, the Dispute Management in the Schools Project was initiated. This experiment demonstrated that students can manage their own disputes effectively, the school can operationalize the notion of “sociolegal informalism,” and the values emanating from empowerment and voluntarism can be realized by students.
Resolving conflict between farmers and creditors: An analysis of the farmer‐creditor mediation process
Authors: van Hook Mary P.
Published: July 2007

A recent study shows that mediation can be a relatively effective way of resolving the serious tensions between farmers and creditors brought about by the recent economic crisis in rural areas. Farmers, creditors, and mediators have somewhat different perspectives on what contributes to effectiveness in this process. Mediators must be able to use a variety of intervention techniques and respond to the difficulties created by the severe tension between the disputing parties, their different levels of experience with the mediation process, and the potential costs arising from the outcome.
Law firm divorce: Yes, there is a better way
Authors: Phillips Barbara Ashley
Published: July 2007

This article explores restructuring professional and marital relationships through mediation. A fresh perspective on bringing harmony out of discord in relationships can empower negotiations, unstick the stuck, and free the spirit from past entanglements.
Recommendations for divorce mediation with chaotically adaptable family systems
Authors: Mathis Richard D. , Yingling Lynelle C.
Published: July 2007

Although families need adaptability for a healthy divorce, extremely high levels appear to be counterproductive. The concept of chaotic adaptability from the Circumplex Model of family functioning helps to explain the pattern researchers have often mentioned wherein couples negotiate endlessly yet ultimately fail to resolve the dispute. Chaotically adaptable clients evidently become stuck because they literally adapt to the process of divorce itself, integrating the conflict into their dysfunctional nuclear family system, rather than adapting to a new binuclear mode. To unstick such clients, mediators can use specific family therapy approaches to reduce chaos in the family system or make appropriate referrals before initiating negotiations on any issue.
A mediation‐counseling approach to marriage crisis resolution
Authors: Curtis Fred A. , Bailey Beeke
Published: July 2007

This article discusses combining mediation and counseling for marriage reconciliation or separation. The article begins with a brief outline of characteristics of mediation and counseling and defines the qualities and skills of mediators and counselors that aid in conflict resolution. The reader is given a sequencial model of marital conflict resolution that uses the specific strengths of mediation and counseling to address the complex practical and personal affective problems inherent in marriage breakdown.
Private agreements in residential development disputes
Authors: Curtis Fred A.
Published: July 2007

Traditionally, private citizens have had few opportunities to alter proposals for residential developments. Adversarial procedures (litigation, arbitration, or public protest) are options but are expensive, lengthy, and complex. Since the early 1970s, environmental disputes concerning local development projects have increasingly been settled by more cooperative procedures that allow environmental advocates and developers to reach voluntary compromises. This article presents the history of two residential development disputes, the processes used to address the issues of concern, and the agreements concluded between the developers and local environmental advocates. These agreements did not effectively resolve the environmental disputes. As a way to strengthen the mediation process, ten criteria are proposed to evaluate agreements like these.
Reexamination of the bar: Incentives to support custody mediation
Authors: Mastrofski Jennifer Adams
Published: July 2007

Contrary to those who argue that attorneys might oppose alternative dispute resolution (ADR) processes that reduce their active participation in legal conflict, this article proposes that attorneys may actually have strong motivation to support ADR. Attorney interview data from a 1986 study of family‐court reform identified three dimensions of law practice that can be enhanced by implementation of custody mediation: attorneys can establish closer professional ties with judges by helping to structure mediation services, increase legal expertise by maintaining close alliance with the bench, and use mediation as a tool for information gathering should mediation be unsuccessful.
Mediator gender: Communication differences in resolved and unresolved mediations
Authors: Wall Victor D. , Dewhurst Marcia L.
Published: July 2007

This article focuses on differences between male and female mediators' use of communicative behavior, specifically formulations, in resolved and unresolved mediations. The authors observed and videotaped mediations in a small claims court, transcribed these sessions, and then content‐analyzed the transcripts in terms of formulation function. The authors found no differences in the number of formulations used by males or females, but did note differences in the types of formulations used: females used more clarifying and males used more controlling formulations; males used more formulations when both disputants were male, and females more when both disputants were female. The authors also discovered some differential effects linking mediators' gender to disputants' satisfaction with the mediation and their perceptions of mediator competence, clarity, and fairness.
Publication patterns in the early years: Dispute resolution in the psychological abstracts, 1980–1985
Authors: Helm Bob , Odom Sue , Wright Judith
Published: July 2007

The Psychological Abstracts for a six‐year period, 1980‐1985, were reviewed as a way to measure the growth of psychological interest in mediation. Two hundred and thirty dispute‐resolution abstracts were categorized and analyzed. There was 1 abstract in 1980, 37 in 1983, and 110 in 1985.
Making mediation services work: A market perspective
Authors: Whitten Christopher T.
Published: July 2007

The great expectations for the future of mediation as an alternative dispute resolution process mean that many new suppliers of mediation services should be anticipated. This article attempts to study the marketing aspects of currently successful services and examines the unique concerns future marketers of mediation services can expect and the possible resolutions to these issues.
Who nurtures the nurturer? a model of a peer support group
Authors: Blumstein Edward , Wisch Patricia B.
Published: July 2007

Mediators benefit from both formal and informal training. One method of informal training that can be conducted by any local group is a peer support group. This article describes the formation, operation, and benefits of a mediators' peer support group. It recounts examples and concludes that such a group provides personal and professional development to its members.
The impact of cultural and religious diversity in the divorce mediation process
Authors: Meierding Nina R.
Published: July 2007

The mediation process, through its ability to focus on the parties' underlying needs and fears, as well as legal and economic issues, is an effective mechanism for dealing with religious and cultural issues that are often deemed irrelevant in the formal court process. Given the diverse population of the United States, it is important for mediators to become familiar with each party's cultural and religious perspective of fairness, in order to assist the parties in creating an agreement that will give them long‐term psychological and substantive satisfaction.
Mediation and cultural diversity on college campuses
Authors: Volpe Maria R. , Witherspoon Roger
Published: July 2007

Colleges and universities are increasingly confronted with conflicts involving cultural diversity in a wide range of areas. This article focuses on how mediation can be used both formally and informally to handle such matters. It also considers mediation as a model on which to establish other creative forums in which members of the college community may express their concerns about cultural diversity. Examples are drawn from the authors' experiences in using mediation to handle college‐based conflicts involving differences over cultural diversity.
Gender differences in mediation style and their impact on mediator effectiveness
Authors: Maxwell David
Published: July 2007

Two broad conceptions of mediator style advocate different views of the degree and type of intervention appropriate for a mediator helping disputants negotiate a conflict settlement. These conceptions are congruent with a broad set of values expressed in literature on leadership, negotiation theory, and gender research. This congruence lays the groundwork for postulating “male” and “female” mediation styles. Data from the Cleveland (Ohio) Prosecutor Mediation Program are used to analyze gender and effectiveness at reaching initial and binding settlements. Findings indicate that male and female mediators are equally effective at reaching an initial settlement, but that female mediators are significantly more effective at mediating binding settlements. The greatest gender difference occurs in emotionally charged disputes. The hypothesis that mediator gender and style matter in the effectiveness of mediation is supported.
Voice, place, and process: Research on gender, negotiation, and conflict resolution
Authors: Stamato Linda
Published: July 2007

This article reports on research into the role of gender in managing differences and resolving disputes—research that considers particularly the suitability of informal settings in which to manage and effectively resolve differences between parties. It confirms the validity of examining gender, both to understand its role in negotiating, disputing, and resolving differences and to guide policy and practice. To examine how the gender issue is being framed and researched, the author asks whether there are differences in how conflict is expressed and felt, in the values at play, and in the effects of conflict and how it is dealt with. Second, the author considers research relevant to gender about the role, functioning, and effectiveness of mediators. The article concludes with observations on the connection between gender research and public policy, professional practice, and theory.
An evaluation of process and outcome in a private family mediation service
Authors: Irving Howard H. , Benjamin Michael
Published: July 2007

This article presents the results of a descriptive study of a consecutive series of seventy‐two client couples who were provided open or closed family mediation or family assessment by the Family Mediation Service, a private, fee‐for‐service agency. The results emphasized the intense stress associated with divorce, and clearly distinguished between couples in terms of agreement but not service type. Discussion of these findings focuses on three central issues: private mediation, the process of doing mediation, and mediation type.
The single‐issue, multiple‐issue debate and the effect of issue number on mediated outcomes
Authors: Whiting Raymond A.
Published: July 2007

Within the field of dispute resolution, there are ongoing debates as to whether single‐issue disputes exist outside of theoretical settings. This debate, as represented by the two opposing authors Howard Raiffa and Joseph Stulberg, sets up the theoretical basis for this article. Using data obtained through a field correlation study conducted at a dispute resolution center, this article provides empirical evidence of single‐issue disputes outside of theory and demonstrates that their existence would in fact have a profound effect on the success rate of mediated cases. The article concludes that the recognized existence of single‐issue disputes will aid both practitioners and theorists in better understanding the dispute resolution process.
On the theory and practice of mediation: The contribution of seventeenth‐century jurisprudence
Authors: Lind Douglas
Published: July 2007

In 1680 the German jurist Johann Wolfgang Textor systematically and comprehensively analyzed the practice of mediation in the context of resolving international disputes. As mediation and alternative dispute resolution in general undergo tremendous growth in the United States, and as concern over the theoretically disorganized, ad hoc manner of that growth continues to intensify, Textor's work takes on new significance. He identified several fundamental principles in mediation, giving historical content to, among others, the principles of unbias, authority, and acceptance. More importantly, he posited certain principles that demonstrate the legitimacy of, and provide historical precedents for, the controversial practice of compulsory mediation.
Sexual harassment in the workplace: Is mediation an appropriate forum?
Authors: Stamato Linda
Published: July 2007

Factors prevalent in sexual harassment cases include desire for confidentiality and flexibility; the need for a variety of remedies that often reach beyond the individual parties; and frequently the interest of all parties in avoiding the cost, delay, and exposure associated with litigation or formal hearings. Accordingly, mediation, given the flexibility it accords parties to control the process and reach agreement on remedies voluntarily, may be a desirable forum. The limited experience with mediation suggests, moreover, that it may prove to be an avenue that encourages sexual harassment cases to surface—they are grossly underreported at present—and therefore contribute to reducing sexual harassment in the workplace.
The mediator's role in national conflicts in post‐communist central europe
Authors: Ondrusek Dusan
Published: July 2007

Increasing nationalism in Central Europe hinders the process of economic renewal in that region. To address the conflicts that arise from nationalism effectively, mediators must consider several factors: the transformation of social instability into nationalistic tensions, extrapunitive ways of addressing guilt about the past, the tendency to find an enemy, and the shifting of individual responsibility to an omnipotent patriarchal society. This article describes some of the causes for the increase in nationalism and offers suggestions aimed at improving the effectiveness of ongoing or future attempts to reduce or resolve conflicts in these newly established democracies.
An examination of industrial conflict in a post‐communist society
Authors: Valchev Rumen
Published: July 2007

The transition from a centrally planned Communist government to a democratic government has had many serious impacts on the amount and type of industrial conflict that is occurring in Bulgaria. This article explores factors that have been important in defining industrial conflict in the transition period and the ways in which these factors affect the possibilities of developing negotiation and mediation processes for the resolution of industrial disputes.
Story and legend: Powerful tools for conflict resolution
Authors: Duryea Michelle LeBaron , Potts Jim
Published: July 2007

Aboriginal stories and legends have a great deal to contribute to conflict resolution training, process design, and intervention. These stories have been passed down from one generation to the next as part of the oral tradition of First Nation peoples in Canada. They communicate conflict‐related values held by aboriginal people that include valuing collective harmony and nature as a teacher. Intercultural training is enriched by Native stories, which convey values, challenge assumptions, and engage participants in ways that speak not only to the intellect but also to the intuition. An understanding of the structure and power of narratives is important to effective conflict intervention in any cultural context.
The art of family mediation
Authors: Saposnek Donald T.
Published: July 2007

While the structure, mechanics, and techniques of mediation have been widely delineated in the mediation literature, the more artful aspects of mediation as a craft have been only minimally described. This article discusses a basis for viewing the more advanced practices of mediation as an art form. Such a conceptualization can lead mediators to develop perspectives that promote higher and broader levels of conflict resolution, as they more effectively tap into the deeper emotional roots of impasses.
Spirituality and mediation
Authors: Zumeta Zena D.
Published: July 2007

Spirituality is defined as the understanding of the connectedness of all things. The author discusses the nature of spirituality, the ways to recognize it and build it, and the ways to create and nurture it in mediation. The article examines the spiritual impact when mediation focuses on the unity between people as well as on their differences. Also considered are the healing nature of mediation, the spiritual connection between clients and between client and mediator, and ways to nurture spirituality in the mediator. The author believes that mediation is more powerful when the mediator recognizes and nurtures its spiritual impact.
Revenge, forgiveness, and the magic of mediation
Authors: Cloke Kenneth
Published: July 2007

Mediators often deal with parties whose anger has become a force more powerful than self‐interest. In these situations, the neutral must find ways of releasing the parties from vengeful, self‐harming behavior by creating an alternative in forgiveness and reconciliation. This article explores definitions of anger, revenge, and forgiveness as well as the occasions and reasons for experiencing these emotions. Practical and creative techniques involving symbol, ritual, and storytelling are suggested so that parties may forgive one another and begin the healing process.
Some religious perspectives on forgiveness and settling differences
Authors: Kirkup Peter A.
Published: July 2007

In the search for technical innovations, the literature on mediation has tended to neglect the wisdom that can be gained from historical sources. This article reviews traditional conceptions and practices of forgiveness to derive practical guidelines for mediators.
An analysis and feasibility study of divorce mediation and a program for its marketing
Authors: Hauser Joyce
Published: July 2007

After conducting a survey of and analyzing the consumer behavior of men and women who have gone through the process of divorce, the author considers the impact of social and professional forces in developing an effective marketing strategy for divorce mediation.
Teaching peaceful conflict resolution
Authors: Roush Glenn , Hall Edwin
Published: July 2007

Conflict is a regular occurrence in school. The study described here was designed to evaluate the effects of teaching students peaceful conflict resolution skills and training mediators. At the elementary school level, conflict resolution lessons were taught to fourth, fifth, and sixth graders. At the junior high level, an elective course was taught in conflict resolution. Mediators were trained at both levels. It was theorized that students would increase significantly their knowledge in conflict resolution, mediators' self‐esteem would improve significantly, and conflicts would decrease significantly on the elementary school playground.
Divorce mediation: Four models and their assumptions about change in parties' positions
Authors: Schwebel Andrew I. , Gately David W. , Renner Maureena A. , Milburn Thomas W.
Published: July 2007

The authors identify four different models into which divorce mediation approaches and case studies fit: legal, labor management, therapeutic, and communication and information. Each model holds a unique central assumption regarding what will bring about change in parties' positions during divorce mediation. This assumption plays an important role in shaping mediators' intervention strategies and the interactions that develop during sessions. Given the differences in the models, the potential of divorce mediation may not be fully realized until practitioners and researchers, at some future point, develop ways to match parties with the approach that best suits their needs.
An analysis of mediation assumptions: Strategies to help mediators in child custody disputes
Authors: Evans William P. , Havercamp Michael J.
Published: July 2007

In this article, assumptions relating to child custody mediation are presented and analyzed. These assumptions, when not acknowledged as such, can threaten the process and outcome of custody mediation. To help mediators effectively address these assumptions in practical settings, a group of strategies are also offered. Finally, a process model for conceptualizing child custody disputes is provided, which serves as a framework for understanding the interrelationships of these assumptions and strategies.
Family disputes, nonfamily disputes, and mediation success
Authors: Whiting Raymond A.
Published: July 2007

This article presents research findings indicating that multiple issues and ongoing relationships within family disputes can improve mediation success. By concentrating on these elements, the author suggests that the presence or absence of such characteristics can contribute to the success or failure of a wide variety of mediated cases.
A communication perspective for mediation: Translating theory into practice
Authors: Millen Jonathan H.
Published: July 2007

Communication and mediation are connected in both theory and practice. Yet, while significant advances have been made in the realm of communication theory and conflict resolution, mediation still largely employs an outdated perspective of communication. This article presents a process perspective of communication that holds much promise for mediators. Four concepts—coordination, context, political negotiation, and emergence of meaning—are explored as they pertain to the practice of mediation. Each concept is applied to a brief case example to illustrate the resources generated from the adoption of the process perspective.
The certification movement: Past, present, and future
Authors: Gentry Deborah B.
Published: July 2007

Mediator certification has been the focal point of much discussion and activity during the last decade. A comprehensive summary of key events in the certification movement, particularly recent ones, is provided in this article. Significant contributions made by various mediation‐related organizations and bodies are identified as well.
Mediation and wife abuse: A review of the literature
Authors: Perry Linda
Published: July 2007

Whether mediation should be used in cases of wife abuse is a hotly debated issue. This article reviews the concerns of those opposed to the use of mediation in such cases and outlines models of mediation, including screening procedures and special techniques, used by mediators to address the dynamics of violence. This article also critically reviews the empirical research. The argument is made that wife abuse cases differ, and that these differences can influence the effectiveness of an intervention. It is further argued that mediation is a viable option for at least some cases involving wife abuse.
Mediator attitudes and preferences concerning mediator certification
Authors: Gentry Deborah B.
Published: July 2007

This survey‐based study of professional mediators, in particular, family and divorce mediators, investigated perceptions of benefits and problems of existing professional certification programs, perceptions of potential benefits and problems of proposed mediator certification programming, and preferred and disliked features of certification procedures. Professionals certified by some certifying body indicated satisfaction with the way in which purported benefits had become a personal reality. Most respondents, whether certified or not, were even more optimistic about the advantages of possible voluntary mediator certification. Respondents predicted that problems associated with existing programs would become even more problematic in the context of mediator certification. Numerous remedies and recommendations were identified.
The impact of mediator strategic choices: An experimental study
Authors: Kimsey William D. , Fuller Rex M. , Bell Andrew J. , McKinney Bruce C.
Published: July 2007

This experimental study of mediator strategic‐choice behavior examines disputants' perceptions of mediator competence, disputants' potential reframing behavior, and the choices of conflict management message style that disputants make in response to mediator behavior. The study focuses on disputants' responses and behaviors that result from mediator facilitation strategies, as originally defined by the strategic‐choice model. The data suggest that mediators can manipulate positive mediation outcomes by employing various strategic‐choice facilitation strategies. Evidence presented suggests ways to overcome the negative consequences of a double standard for evaluating mediator competence, often used by disputants when a mediator successfully mediates.
Gay parents and child custody: A struggle under the legal system
Authors: McIntyre Douglas H.
Published: July 2007

Lesbians and gay men, whether seeking child custody or adoption, continue to be marginalized by the general public and legal system. This article explores the large body of research documenting that same‐sex couples are as effective as parents as straight couples. However, the judiciary system still disapproves of same‐sex couples in relation to adoption and custody of children. An alternative approach to avoid the courts and uphold the dignity of the family is mediation. The author analyzes how mediation is used in the gay community and, from a personal perspective, discusses his upbringing by a gay couple and how, as a teenager, he was caught in a custody dispute.