bluuebunny/crossref_metadata_2025 huggingface dataset:
(Re)designing mediation to address the nuances of power imbalance
Authors: Gewurz Ilan G.
Published: July 2007

This paper addresses the complex relationship between negotiating power and mediation. It begins with the premise that to say in absolute terms that mediation is or is not an effective way of dealing with power imbalance is to ignore the complexity of both the concept of power and the range of processes that can be deemed mediation. This article examines sources of power in an effort to develop a clear, yet thorough, understanding of negotiating power. It then turns to the scholarship on mediation, highlighting key characteristics that distinguish mediation approaches from one another and advancing the debate on what constitutes mediation. Finally, the article highlights bow a specific style of mediation may be appropriate for a given situation, depending on the existing power dynamics between the disputing parties.
Community mediation: Providing justice and promoting transformation
Authors: Wunsttin Maktiia
Published: July 2007

This article focuses on how a community mediation program can be a conduit for social justice. Three complex social issues are addressed: the meaning of justice, the challenge of race relations, and overrepresentation of incarcerated minorities and minority youths who are adjudicated as adults. Examples are given of how one community mediation program has worked with its community on these issues.
Have Gavel, will travel: Dispute resolution's innocents abroad
Authors: Honeyman Christopher , Cheldelin Sandra I.
Published: July 2007

An increasing number of U.S.‐based conflict resolution providers and educators are now also working outside the country, carrying with them, in some sense, the mantle of “conflict resolution expert.” But it is possible that some well‐meaning people—though genuine experts in a given area—may inadvertently cause harm to persons and parties for whose culture, language, or circumstances these professionals' U.S. experience has left them inadequately prepared. This article describes how a group of professionals with substantial experience working outside the United States analyzed the dangers; it also makes suggestions for the “innocent abroad”.
Institutionalizing conflict resolution education: The Ohio model
Authors: Batton Jennifer
Published: July 2007

This article examines Ohio's model for institutionalizing conflict resolution education. It describes the state's joint effect to promote CRE, examines the need for a comprehensive approach, presents a model for building in‐school capacity for program development, ofen examples of specfic strategies and activities that are being used to build in‐school capacip for program implementation, and addresses Ohio: evaluation eforts. A brief review of other states' eforts in school‐based conjlict resolution is also included.
What is a fair agreement?
Authors: Dworkin Joan , London William
Published: July 2007

The notion of fairness is fundamental to the practice of divorce mediation. In this paper, fairness is discussed in terms of the respective contributions of the legal and mental health professions as they converge into the field of family mediation. A systems perspective is explored as an integrating framework, and guidelines and criteria for determining fairness are articulated.
Future lawyers: Adversaries or problem solvers? two law school programs in alternative dispute resolution
Authors: Savage Cynthia A.
Published: July 2007

The purpose of this paper is to describe, compare, and contrast alternative dispute resolution (ADR) projects at two law schools, the University of New Mexico School of Law and the University of Denver College of Law, to analyze the goals and methods of the projects, and to draw conclusions and make general recommendations for others who might wish to design similar projects. The major conclusion drawn from both projects is that there is great value in and need for teaching ADR in law school, for both conceptual and practical reasons. The most important questions remaining are how to design and implement ADR programs so that they are most effective.
Therapeutic family mediation: Fitting the service to the interactional diversity of client couples
Authors: Irving Howard H. , Benjamin Michael
Published: July 2007

Existing models of family mediation focus on the process of negotiation. Therapeutic family mediation is a model designed to accommodate couples amenable to mediation but not yet ready to enter negotiation.
Mediation in academia: Practicing what we preach
Authors: Doelker Richard E.
Published: July 2007

This paper addresses the use of mediation in academia as a valuable technique for resolving conflict that exists between individuals or among groups. A model for mediation in academia that incorporates organizational development approaches and mediation strategies is discussed. The following issues are addressed: the environment of the conflict, parameters of the mediation process, identification of the client, the process of engagement, and the process of termination and follow‐up.
Multicriteria dispute resolution through computer‐aided mediation software
Authors: Nagel Stuart S. , Mills Miriam K.
Published: July 2007

Mediation as an approach to conflict resolution benefits as much from the process of bringing adversaries together as it does from the specific outcome. Mediation calls for great creativity in providing alternatives for harmonious resolution. Almost any issue that involves two or more competing approaches can benefit from the use of computer‐aided decision making. Thus, expert systems software might include software that incorporates what good decision makers implicitly do in preventing or resolving disputes. This article emphasizes dispute resolving, whereas other related literature dealing with computer‐aided counseling emphasizes the dispute‐preventing purpose. The idea of working with multiple alternatives and multiple criteria in an easily manipulated spreadsheet format leads to super‐optimum solutions that exceed the original best expectations of the disputants. That same essence can be applied not just to computer‐aided mediating but also to computer‐aided counseling, negotiating, advocating, evaluating, predicting, assignment of people to tasks, sequencing of events, and other related skills and activities. Achieving superoptimum solutions may not require the assistance of computers, but computer assistance can facilitate such solutions, assisting those who are not experts to increase their skill level and enabling experts to do even better.
Mediator directiveness in child custody mediation: An exploration of alternatives and decision making
Authors: Balto Bruce
Published: July 2007

When if ever should child custody mediators become directive with their clients, and when should they remain “neutral”? In response to this question, this article reviews different conceptualizations of mediation as well as some ethical guidelines. It notes, however, that mediation texts and ethical guidelines provide only limited aid in practical decision making with respect to the important question posed above. The article concludes by proposing additional practice strategies that may help to mitigate the dilemma of the clients' rights to autonomy and the mediator's sometimes necessary use of authority.
Mediating child welfare disputes: How to focus on the best interest of the child
Authors: Kaminsky Harry , Cosmano Rhoda
Published: July 2007

Disputes arising from a child protective service intervention, and other child welfare related issues, often have their roots in the fundamental conflict of two important American values: liberty and fraternity (community). Lost within the multilayered conflict involving multiple parties is the at‐risk child and a clear focus on his or her best interests. Collaborative processes enhanced by mediation can address underlying value conflict as well as disagreement over substantive issues. All concerned parties thereby are helped to focus on the best interest of the child.
Turf‐side conflict mediation for students
Authors: Burrell Nancy A. , Vogl Sally M.
Published: July 2007

Mediation is a popular method used to resolve conflict in a variety of contexts. This paper examines mediation skills applied in the school system; specifically, students acting as third‐party neutrals for school disputes. The purpose is twofold: (1) to examine the training, mediator selection, and program operation of the existing peer mediation program in the Milwaukee Public School System and (2) to discuss the importance of evaluating pilot programs and the implications for instituting additional peer mediation programs.
Family functioning level and divorce mediation outcome
Authors: Mathis Richard D. , Yingling Lynelle C.
Published: July 2007

Is the outcome of divorce mediation predictable based on the adaptability and cohesion dimensions of the divorcing family's level of functioning? An assessment of seventy‐three families in court‐ordered mediation was made using the Family Adaptability and Cohesion Evaluation Scale (FACES III) and the Circumplex Model of marital and family systems. Failure to achieve resolution in mediation was significantly related to unstructured, chaotic family functioning, but not to cohesion and overall family functioning. This indicates premediation screening for extremely unstructured families is important. However, for mediation to benefit from screening, modified approaches to treating low‐success family types are called for.
Mediation and domestic violence: A call for collaboration
Authors: Yellott Ann W.
Published: July 2007

Agencies and individuals working on domestic violence prevention in Tucson, Arizona, have collaborated to create more effective criminal justice intervention and treatment procedures. This process included a cooperative effort to design a community mediation service that would meet the special needs of families dealing with violence and that would operate within the context of other intervention efforts. This article outlines guidelines for structuring such a mediation program and offers a rationale for including mediation as one of many intervention techniques available in communities for abused and abusive partners.
The physics of mediation: Reflections of scientific theory in professional mediation practice
Authors: Benjamin Robert D.
Published: July 2007

This article explores the theoretical foundations of professional mediation practice. The premise is that the underlying perspective, development, and practice of mediation reflect the changes that have occurred in our world‐view since the advent of quantum mechanics theory in physics. Scientists traditionally viewed phenomenon as predictable and determinable, and other professions, such as law, assumed the same perspective. More recently, scientists exploring the realm of subatomic particles have recognized the greater complexity and lack of certainty in many physical phenomena. The change in the basic model of thinking about the world is reflected in mediation practice. The language, skills, and approach mediators use to solve problems with clients correspond directly to the paradigm shift in scientific theory. Understanding that shift aids our understanding of how and why professional mediation practice has developed.
Negotiation as a therapeutic technique in brief couples therapy
Authors: Bütz Michael R.
Published: July 2007

The purpose of this study is to suggest negotiation intervention as a therapeutic technique in brief, psychodynamically based couples therapy. Negotiation intervention will be a useful therapeutic tool for both therapists and mediators in their work with couples. It is compared with two types of interpretation intervention techniques applied to couples therapy. Negotiation techniques are discussed and then illustrated through Fisher and Ury's four‐step negotiation process. Negotiation is suggested as a way of increasing productive communication and reducing destructive communication patterns. Lastly, a synthesis of negotiation intervention techniques and interpretation intervention techniques is offered as an appropriate treatment for couples seeking brief, psychodynamically oriented couples therapy.
Hands‐on mediation training in a private‐practice setting
Authors: Bartoletti Mario D. , Stark Elizabeth G.
Published: July 2007

A mediator‐in‐training program is outlined, and its impact on the intern, the supervisor, the clients, and the families involved is discussed. Mediation training offers significant benefits to all.
Judging the fairness of mediation: A critical framework
Authors: Menzel Kent E.
Published: July 2007

This article proposes a critical framework from which to view the fairness of both mediation and mediated agreements. Six external factors of fairness are examined, including simple success at reaching an agreement, compliance with the agreement, cost of the agreement, the efficiency through which the agreement is reached, access to justice presented to disputants, and the stability of the agreement over time. Also examined are four internal factors of fairness, including others' needs, relational development, satisfaction with mediation, and the psychological effects of mediation.
Mandatory mediation: A rose by any other name
Authors: Cohen Lester
Published: July 2007

The process of mediating disputes has developed many theoretical constructs that define how mediation should occur. One consistent theme in the theoretical models has been the need for confidentiality concerning statements made in the mediation. California law makes mediation mandatory in child custody and visitation disputes, but leaves the issue of confidentiality up to the individual counties. San Diego Family Court Services has found that the conditions under which mandatory mediation occurs are different from those indicated in the theoretical models. Mandatory mediation has needs of its own and requires a model and application specific to those needs, including a new view of confidentiality.
Mediation and probation: The presentence investigation
Authors: Volpe Maria R. , Lindner Charles
Published: July 2007

As mediation continues to grow as a viable option for handling conflicts, increasing attention is being given to ways in which it can be integrated into organizational frameworks so that it is used as a primary disputing process. This article considers mediation as a possible process for probation officers conducting presentence investigations for the courts.
The boundaries between mediation and therapy: Ethical dilemmas
Authors: Dworkin Joan , Jacob Lynn , Scott Elizabeth
Published: July 2007

The authors look at role dilemmas faced by mediators in both court‐referred and privately referred situations. The question raised is whether a mediator may ethically mediate with a couple after having functioned as a therapist for one or both of the parties, or whether after mediation the professional should ever serve as therapist for either or both parties. The authors discuss the existing professional standards, the differences in role conflict for attorneys and therapists, and case examples.
Mediation: A social exchange framework
Authors: Parker Rhonda G.
Published: July 2007

The development of alternatives to the traditional adjudication process has been accompanied by attempts to build theories of dispute resolution. In the past, mediation has been examined by adopting several different perspectives. However, one of the most promising approaches by which to analyze mediation has received little attention: the social exchange framework. Exchange principles are particularly applicable to the mediation process, given that conflicts are generally born of disagreements concerning perceived costs and rewards. This article uses a social exchange framework to examine relationships among disputants, perceptions of justice and equity, emotional needs, and power imbalances in the mediation process.
Divorce mediation in the light of cybernetic explanation
Authors: Amundson Jon
Published: July 2007

Borrowing much from family systems therapy, mediation might be better served through the more direct explication provided by “cybernetic explanation.” As a pragmatic, process‐oriented way of appreciating change, cybernetic explanation is a different way of seeing the mediation process. This “seeing” provides a basis for alternative approaches and attitudes in the mediator, including emphasis on solutions rather than problems; introduction of news of difference; enabling or expanding inquiry and framing of the mediation process; challenging client certainty; and living with uncertainty.
Community benefits from mediation: A test of the “peace virus” hypothesis
Authors: Crary Daniel R.
Published: July 2007

To assess the diffusion of mediation effects throughout the community at large, the Peer Mediation Program (PMP) was initiated and assessed as a test case in a large, culturally diverse, urban middle school by the Santa Monica‐based Dispute Resolution Services in the period 1987–1989. This article on the results of PMP finds evidence for high levels of utilization, individual case success, and satisfaction with outcomes. Evidence that mediation effects spread throughout the student community at large is seen in data from disputant referral patterns and faculty assessments, but not in data from students at large.
Publication patterns in the growth years: Dispute resolution in thepsychological abstracts, 1986–1989
Authors: Helm Bob , Wright Judith K.
Published: July 2007

ThePsychological Abstractsfor the years 1986–1989 were reviewed in order to compare psychologists' interests in mediation‐related topics to the patterns found in the years 1980–1985, when there were 230 dispute resolution citations in thePsychological Abstracts.For the 1986–1989 period, 294 dispute resolution abstracts were found. The annual rate decreased consistently from 104 citations in 1986 to 43 in 1989.
Mediation for lesbian and gay families
Authors: Bryant Suzanne
Published: July 2007

The lesbian and gay community is an inadequately served market. Mediation is a valuable tool for members of this community because it allows privacy, creativity, and bargaining outside the traditional legal structure. Before disputes occur, a mediator can assist gay families in reaching agreements that give them many of the rights and responsibilities of heterosexual marriage. If problems do arise, these agreements may facilitate a mediated solution. However, a mediator must carefully examine his or her own attitudes toward lesbians and gay men.
School‐age peer mediators transfer knowledge and skills to home setting
Authors: Gentry Deborah B. , Benenson Wayne A.
Published: July 2007

Does the value of school‐based peer mediation programs extend beyond the confines of the schools that promote them? Analyses of pre‐and posttest measures administered to a test group indicate student mediators and their parents say the answer is yes. This article reports the findings of a study designed and conducted to determine the degree to which and the manner in which school‐age participants in an elementary school‐based peer mediation program transferred acquired conflict management skills from school to the home setting for use during sibling conflicts. The results of the study, and suggestions from participants, provide useful information for practitioners who might wish to institute a similar program.
Toward a feminist‐informed model of therapeutic family mediation
Authors: Benjamin Michael , Irving Howard H.
Published: July 2007

The feminist critique of family mediation has, until very recently, been largely ignored by mediators. We argue that feminists have something important to teach us concerning how mediation is conceptualized and practiced. In this article we explore three aspects of the critique (values, empowerment, and violence) in an effort to show how our own model of practice, therapeutic family mediation, can be rendered feminist informed.
Dispute resolution in the psychological abstracts: Publication patterns in 1990 and 1991
Authors: Helm Bob , Moore Arlanda M.
Published: July 2007

The Psychological Abstracts for the years 1990 and 1991 were reviewed in order to compare the levels of psychologists' interests in mediation during those years to the levels found for the years 1980‐1989. For 1990 a total of thirty‐eight dispute‐resolution citations were found, equal to the average of thirty‐eight citations per year found for the 1980‐1985 period but substantially lower than the seventy‐four per year for 1986‐1989. Only twenty‐four citations were found for 1991, evidence of a decline in psychologists' interest in dispute‐resolution topics.
Cultural diversity and democratic institutions: What role for negotiations?
Authors: Stulberg Joseph B.
Published: July 2007

The negotiation process is a critical element of efforts to build democratic institutions. Empirical criteria can assess a culture's support for the democratic principles that are constitutive of the negotiation process and can reveal a group's priority ranking among such principles. A comparison of statutory frameworks governing the bargaining relationship between employers and employees in Poland and the United States displays these principles and priorities in their respective cultural settings.
Exporting process technology: Transplanting north american public interest mediation to central europe
Authors: Wiggins Charles B.
Published: July 2007

Mediation is often used in North America to resolve public policy conflicts. Its basic techniques are well understood, and its successes are well documented. Beyond the Western European context, however, we know much less about the cross‐cultural applicability of this process. This article chronicles an environmental mediation in a Central European nation that tested the transportability of North American public policy dispute resolution processes into a region with a radically different history that is now undergoing dynamic change. It offers a snapshot of the advantages and limitations of using mediation in cultures that lack our traditions of process neutrality and bureaucratic accountability.
Developing democratic decision‐making and dispute resolution procedures abroad
Authors: Wildau Susan T. , Moore Christopher W. , Mayer Bernard S.
Published: July 2007

This article outlines general principles and practical information useful for conflict management practitioners who conduct consultations and trainings on democratic decision‐making and dispute resolution processes in countries making a transition from authoritarian to democratic structure. The article, which is based on the authors' work in Central and Eastern Europe, Africa, and Asia, identifies key considerations for collaborative partnerships with foreign practitioners who need to develop coequal working relationships. A number of models for assistance and interventions are described and evaluated, and a series of practical suggestions on developing common vision, designing collaborative decision‐making processes, and responding to cultural differences when working with interpreters is presented.
Mediation around the medicine wheel
Authors: Huber Marg
Published: July 2007

The author describes both the model design process she facilitated with a group of Canadian Aboriginal community leaders in Vancouver and the resulting mediation model for use by urban Aboriginal individuals. She includes procedural suggestions for the mediation process and potential adaptations to increase its cultural relevance for the Aboriginal parties to the process. She discusses the diversity of opinion among those of Aboriginal and dominant cultures regarding the intercultural use of a mediation model based on Aboriginal spirituality.
Resolving disputes locally in rural Alaska
Authors: Connors Joan F.
Published: July 2007

Rural Alaskan communities are establishing culturally appropriate dispute resolution organizations to meet local justice needs. The Alaska Judicial Council evaluated two tribal courts and a conciliation organization. Although each is structured uniquely to serve the needs of its community, the three organizations share common characteristics. Comparison of the three organizations' features highlights the strengths of each and shows how they might be replicated in other communities.
Power and dispute resolution in Indian country
Authors: Haberfeld Steven , Townsend Jon
Published: July 2007

For several hundred years, Indian tribes in the United States were at the mercy of powerful adversaries in the public and private sectors. As long as these adversaries found that they could act unilaterally, without regard for the tribes' interests, there was no sincere negotiation. During the past thirty years, there has been a noticeable shift in the balance of power between tribes and outsiders. This has set the stage for more cooperative relationships and more collaborative forms of dispute resolution. By overcoming their legitimate cynicism about the negotiation process, by honing their own negotiation skills, and by continuing to pursue complementary strategies (litigation, lobbying, building alliances, influencing public opinion, and so on), tribal leaders should be able to better persuade their opposition to come to the table and to negotiate in good faith once they are there.
Exploring reconciliation
Authors: Larson Judith M.
Published: July 2007

Typically, divorce has been accepted as the end of the marriage relationship, and negative interactions associated with divorce have been viewed as part of the separation process. This conceptualization has influenced the constructs of mediation. Approaching the marriage relationship from a family systems perspective—assessing the dominant pattern of closeness and distance negotiation, and reframing anger and conflict as connection strategies in divorcing couples—promote a more comprehensive view of the interactional dynamic of husbands and wives. The author discuss the impact of these strategies on mediation and how they may be indications of reconciliation potential.
Regression to the mean: What happens when lawyers are divorce mediators
Authors: Bohmer Carol , Ray Marilyn L. , Maida Peter R.
Published: July 2007

This article examines the functioning of divorce mediation in a state where a significant proportion of the mediators are attorneys. We argue that divorce mediation in Georgia differs from other states in the extent to which it is integrated into the legal system. We conclude that the presence of a significant number of attorneys‐mediators has transformed both the practice of divorce mediation and the practice of divorce law in Georgia. Mediation is more like the practice of law, and the practice of law is more like mediation.
On balance: Promoting integrity under conflicted mandates
Authors: Herrman Margaret S.
Published: July 2007

The field of dispute resolution and peacemaking, and the various alternative dispute resolution programs within the field, ideally advance a variety of programs that deliver the highest caliber of dispute resolution services, stimulate social transformation, and support personal growth among mediation professionals. While these various programming opportunities exist, the field has yet to approximate a balanced work plan. We seemingly struggle to serve competing masters: “more” and “better.” And for almost two decades, a disproportionate distribution of our energy has produced “more.” Less energy has been invested in achieving “better.” This article suggests a number of options for achieving a better balance through an expanded vision of legitimate programming.
Does mediation work? A survey of long‐term satisfaction and durability rates for privately mediated agreements
Authors: Meierding Nina R.
Published: July 2007

The evaluation of a successful divorce mediation should take into serious consideration the long‐term durability of the settlement agreement and the long‐term satisfaction of the clients. This article includes an analysis of the Ventura County Superior Court records of couples who reached settlement agreements through private, voluntary, and confidential mediation at the Mediation Center for Family Law in Ventura, California, as well as the results of a written, confidential survey submitted to these clients. The purpose of the survey was to measure long‐term satisfaction and compliance with mediated agreements.
Electronic alternative dispute resolution system design
Authors: Yeend Nancy Neal
Published: July 2007

Electronic technology opens new doors and provides novel challenges to dispute management systems designers. Creating dispute management processes for the burgeoning electronic information distribution industry requires a pioneering spirit. The computerized system described here is based on negotiation, conciliation, and arbitration. Process adaptability is the hallmark of alternative dispute resolution, and this characteristic permits creation of responsive systems.
Mediation advocacy: A new concept in the dispute mediation arena
Authors: Greenstone James L. , Leviton Sharon C. , Fowler Craig M.
Published: July 2007

Currently, there are several effective means of dispute resolution that can be utilized to avoid costly and destructive litigation. Additionally, there is a good way to prepare attorneys, their clients, and individual disputants for their day before the mediator without, in effect, training them as mediators. This procedure is called mediation advocacy and can be utilized by any lawyer or law firm, agency, or disputant, or by anyone else who is about to enter into mediation or into other forms of alternative dispute resolution. Preparation is the key to prevailing.
Attitudes of Indiana judges toward mediation
Authors: Medley Morris L. , Schellenberg James A.
Published: July 2007

Although exploratory in nature, this article examines the attitudes of Indiana trial‐court judges regarding the strengths and weaknesses of mediation. Most of the judges who responded to a mailed questionnaire saw more strengths than weaknesses regarding the use of court‐connected mediation. Thus, one might expect to see mediation become a prominent judicial tool in the immediate future. Nevertheless, many judges appeared to be moving quite cautiously relative to the implementation of mediation in their own courts.
The use of empowerment in child custody mediation: A feminist critique
Authors: Regehr Cheryl
Published: July 2007

In recent years, many feminist theorists have expressed concerns that mediation places women at a disadvantage and leaves them vulnerable to exploitation. Mediators, in addressing these concerns, have developed methods of empowering women, in the mediation process. This author argues that empowerment in mediation disadvantages a woman in the long term because it creates the illusion that she now has an equal voice in the relationship but does not provide skills or supports for her to use in negotiating with her exhusband in the years to come. The author suggests alternative procedural safeguards that acknowledge and utilize the authority of the mediator.
Mediation and postcrisis intervention in an urban high school
Authors: Lieberfeld Daniel
Published: July 2007

In the wake of a violent racial confrontation at a high school in the greater‐Boston area this past spring, a team of community mediators worked to mediate conflicts resulting from the incident, and to help students begin to address its causes. The experience raised and helped answer questions about mediation's contribution to crisis interventions in schools.
Grandparent visitation disputes: Multigenerational approaches to family mediation
Authors: Kruk Edward
Published: July 2007

This article examines the implications of the authors research on grandparent‐grandchild access difficulties and contact loss for family mediation. The rapid growth in recent years of the “grandparent rights” self‐help movement in North America suggests that a significant proportion of grandparents is at risk of losing contact with grandchildren. Existing legal and therapeutic resources are perceived as inadequate for addressing this problem. Two distinct multigenerational approaches to family mediation are considered, and guidelines are suggested for the involvement of grandparents in the family mediation process.
The four foundations of family mediation: Implications for training and certification
Authors: Taylor Alison
Published: July 2007

As an interdisciplinary field requiring extensive knowledge and skills, the practice and profession of mediation is still sorting out entry requirements and essential knowledge and skills for competency. This opinion piece by one of the original writers and trainers in this area looks at the depth of knowledge necessary for competency in light of the current Association of Family Mediators training standards, as well as state and national certification, and offers recommendations to our professional association.
Implications of gilligan for divorce mediation: Speculative applications
Authors: Williams Barbara Blake
Published: July 2007

The process of divorce mediation is influenced by the moral language through which participants express themselves. According to the psychologist Carol Gilligan, men emphasize a language of rights and justice, whereas women emphasize a language of relationship, caring, and responsibility. Divorce mediators sensitive to both of these languages can enhance their likelihood of assisting participants in crafting a resolution that is morally satisfying to each. In addition, a focus on obligations rather than rights can facilitate efforts of participants to consider the perspectives of both care and justice in working out the norms that will govern their agreement, as well as the agreement itself.
Mentorship in family mediation
Authors: Harrell Susan W. , Doelker Richard E.
Published: July 2007

Mentorship has a strong history in the development of many professions in our society. This article reports the results of a study of the impact of requiring an initial level of mentoring for certification as a family mediator in the state of Florida. Questionnaires were sent to certified family mediators who acted as mentors and to the apprentice mediators who were applying for certification. Comments from both groups indicated strong support to continue the mentorship requirement. The authors also discuss the development of a model of mentorship for family mediation.
Justice paradigm shift? Values and visions in the reform process
Authors: Zehr Howard
Published: July 2007

Governed by a retributive paradigm, the criminal justice process threatens to co‐opt and subvert alternative processes such as mediation. Only a grounding in alternative values—indeed, an alternative, restorative understanding of justice—can reduce such co‐optation. Change advocates must be aware that their reforms may go astray and should be careful about imposing their visions and values on others.
Victim‐offender mediation: Lessons from the Japanese experience
Authors: Haley John O.
Published: July 2007

In emphasizing offender correction and restoration to the community, law enforcement authorities in Japan have learned that encouraging confession, remorse, victim compensation, and victim pardon is essential to correcting socially deviant behavior. U.S. experience with victim‐offender mediation in the context of a broad program of commonly based reintegrative efforts suggests that the Japanese approach is at least partly transferable. Thus, anywhere victim‐offender mediation is to become more than a victim assistance program, its expansion in concert with other reintegrative, community‐based programs should be a high priority.
Using conflict managers to mediate conflicts in an inner‐city elementary school
Authors: Johnson David W. , Johnson Roger , Cotton Barbara , Harris Debra , Louison Sally
Published: July 2007

This article examines the effectiveness of an inner‐city peer mediation program in which third‐ and fourth‐grade students were trained as conflict managers to mediate schoolmates' conflicts. The training consisted of one and one‐half days of training in communication, assertiveness, and mediation skills. The majority of the conflicts brought to mediation were relationship problems involving physical and verbal attacks. The premediation strategies students most commonly used were physically and verbally forcing the other person to give in. Mediation most commonly resulted in an agreement to avoid each other in the future. Although females brought more conflicts to mediation, physical aggression was used more frequently in male‐male and male‐female conflicts than in female‐female conflicts.
The constructive uses of deception: Skills, strategies, and techniques of the folkloric trickster figure and their application by mediators
Authors: Benjamin Robert D.
Published: July 2007

The effective management of conflict by a mediator requires the constructive use of deception. Rational discussion and logic are not sufficient to effect the changes in perspective required by disputing parties for conflicts to be settled. Deception is not only a normal but an essential activity for the survival and propagation of all life forms, including human beings. This is so even though the notion of deception has pejorative connotations, especially in Western cultures where rational analysis is most highly valued. Mediators, in particular, from their intuitive understanding of conflict, must recognize the valid and necessary uses of deception. In this regard, the folkloric trickster figure provides an important model of the skills, strategies, and techniques needed by present‐day mediators.
Mediation as an alternative to court for lesbian and gay families: Some thoughts on Douglas McIntyre's article
Authors: Gunning Isabelle R.
Published: July 2007

The author responds to points raised by Douglas McIntyre in an earlier Mediation Quarterly issue. McIntyre, in proposing the use of mediation for lesbian and gay families, mentions steps mediators need to take to provide this service. This author explores more specifically what “straight” or unconnected mediators need to do in order to provide quality and unbiased service to the lesbian and gay communities by drawing on the experience of mediation projects created by lesbians and gay men and targeted at the lesbian and gay communities.
Practice guidelines for co‐mediation: Making certain that “two heads are better than one”
Authors: Love Lela P. , Stulberg Joseph B.
Published: July 2007

Co‐mediation can either enhance or diminish the effectiveness of the mediation process. This article outlines advantages and disadvantages of comediation and proposes guidelines for co‐mediators to enable maximizing the potential of a co‐mediation team.
Mediating status offender cases: A successful approach
Authors: Mostaghel Deborah M. , Ripps Stephen R. , Kennedy Robin M.
Published: July 2007

The University of Toledo College of Law and the Lucas County Juvenile Court joined forces in the Lucas County Juvenile Services Mediation Program. The program allows young people who commit status offenses, that is, acts for which only minors can be detained, to go through mediation instead of to juvenile court. The program cuts down on crowded court dockets, gives quicker and more targeted assistance to troubled youth, and helps law students develop mediation skills. An unusual feature of the program is its setting within the courthouse, which lends credibility to the process.
Inviting fortuitous events in mediation: The role of empowerment and recognition
Authors: Pope Sally Ganong
Published: July 2007

This article describes how The Promise of Mediation (Bush and Folger, 1994) sheds light on key moments in mediation and inspires rethinking of standard practices of divorce mediators. The author finds that the concepts of Bush and Folger provide a framework for better understanding the role of the mediator as well as how to teach mediation.
Directing and administrating a mediation program: The transformative approach
Authors: Fleischer Janice M.
Published: July 2007

This article describes how the creator and director of a mediation project can instill the use of the transformative approach to mediation in the training and directing of mediators affiliated with the program. The Pro Se Family Mediation Project targeted couples who had filed for divorce without legal assistance due to limited income. The goal was to provide private sector mediators to assist the parties in reaching an agreement acceptable to them and the Court, thereby enabling the parties to proceed to final judgment without the necessity of going through a trial.
Constructive confrontation: A transformative approach to intractable conflicts
Authors: Burgess Heidi , Burgess Guy
Published: July 2007

Constructive confrontation is a strategy for approaching intractable conflicts that are not ripe for resolution. Developed in the context of large‐scale public policy and international conflicts, this approach parallels transformative mediation in several ways. Most important is an emphasis on empowerment and recognition (though constructive confrontation uses different terms) and a focus on constructive processes rather than resolution as the primary goal. This article describes constructive confrontation and compares it to transformative mediation, highlighting both similarities and differences.
Mediation and empowerment in child protection cases
Authors: Barsky Allan E.
Published: July 2007

Child protection workers are vested with certain powers and authority to ensure the safety and welfare of children. When issues of neglect and abuse arise, workers are challenged with how to promote self‐determination and autonomy of families, without putting children at risk. The participant‐focused study reported here examined how mediation might have an empowering effect on family members. Participants suggested that mediation empowers through four processes: development of options, equal opportunity to participate in the process, decision‐making responsibility, and power balancing.
Cognitive roles in the mediation process: Development of the mediation inventory for cognitive roles assessment
Authors: Guerra Norma S. , Elliott Gregory M.
Published: July 2007

The Mediation Inventory for Cognitive Roles Assessment (MICRA) was developed to examine the cognitive roles assumed by mediators and disputants during the mediation process after an analysis of mediation case records revealed several significant patterns in communication positioning. MICRA's cognitive roles were adapted from research on collegiate leadership teams in which similar communication positioning patterns were noted. Additional research is needed to establish MICRA's psychometric properties; however, preliminary findings of the study reported here suggest that the role of mediator is much more complex and involved than the commonly defined neutral facilitator role.
The role of children in mediation
Authors: Lansky Dona T. , Swift Leslie H. , Manley E. Elizabeth , Elmore Amy , Gerety Christine
Published: July 2007

In spring 1995, a six‐page questionnaire on the topic of including or excluding children in mediation was mailed to all 630 practitioner members of the Academy of Family Mediators. Overall, 51 percent returned the survey. Of those responding, 31 percent were attorneys, 46 percent had graduate‐level mental health backgrounds, and an additional 7 percent had both legal and mental health backgrounds. The survey revealed that 77 percent of respondents included children, either following settlement to discuss the parenting plan or during the mediation as a source of additional information. Respondents' reasons for including or excluding children are outlined here.
Concepts of neutrality in family mediation: Contexts, ethics, influence, and transformative process
Authors: Taylor Alison
Published: July 2007

Mediators teach new trainees that the process of mediation requires impartiality and neutrality, but in some contexts the actual practice of mediation does not seem to be as neutral as stated. New concepts in the field, such as that of transformational rather than problem‐solving approaches, require us to look again at the concepts of neutrality. Whether or not a mediator will use certain techniques or modes, and how this relates to the level of emotions that are dealt with during the mediation, will depend on not only the model the mediator uses but also on the mediator's concept of what constitutes undue influence, impartiality, and neutrality. In this article, the author sorts out the terminology and the historical basis for our concepts of neutrality and relates this to the other issues that affect mediators. She advances the idea that neutrality needs to be seen on a continuum and that ethical practice of neutrality may vary depending on the context of the dispute and the mandate given by the participants.
Training and educating environmental mediators: Lessons from experience in the united states
Authors: Glavovic Bruce C. , Dukes E. Franklin , Lynott Jana M.
Published: July 2007

The growing international interest in environmental mediation prompts an examination of the training and education of environmental mediators; the characteristics particular to environmental disputes that make mediation an appropriate, if not essential, response to such disputes; the role, responsibilities, and ideal qualities of the environmental mediator; and the key lessons that have been learned from U.S. experience with environmental mediation and training and education of mediators that might be pertinent to initiatives elsewhere.
Problem solving for one
Authors: Tidwell Alan
Published: July 2007

This article describes the development of problem solving for one (PSl), a process designed for situations in which only one party to a dispute is present for mediation. The process seeks to assist the lone party in developing conflict management plans and strategies.
Community mediation centers: Delivering first‐class services to low‐income people for the past twenty years
Authors: Ray Larry
Published: July 2007

Community mediation programs, inaugurated in the 1970s, have grown in number and influence, serving low‐income individuals and families in 550 centers throughout the United States. Volunteers, the mainstay of community mediation programs, provide mediation services in a wide array of community, neighborhood, and family conflicts. In addition to describing community mediation programs, this article describes the founding of the National Association for Community Mediation (NAFCM) and its efforts to support the continued viability of community mediation centers and to promote the availability and use of mediation.
Confidence‐building measures in mediation
Authors: Landau Daryl , Landau Sy
Published: July 2007

Attempts to resolve disputes often fail where the parties do not trust one another to negotiate fairly, nor to carry out any agreements that are reached. In international conflict resolution, mediators have successfully employed confidence‐building measures (CBMs) to deescalate conflicts between states. Based on published research and on their own empirical experience, the authors suggest that CBMs could also be applied in other spheres of mediation, and describe some useful CBMs. Mediators who build goodwill effectively at the start of the process will be more likely to see disputes resolved and commitments kept.
What is a model for mediation practice? A critical review of family mediation: Contemporary issues
Authors: Noce Dorothy J. Della
Published: July 2007

In Family Mediation: Contemporary Issues, Irving and Benjamin propose a model called “Therapeutic Family Mediation.” Examination of this model frames a larger question for the field of mediation in general, and the field of family mediation in particular: What constitutes a coherent model of mediation practice? This review concludes with suggestions for future model‐building efforts in the mediation field.