bluuebunny/crossref_metadata_2025_split huggingface dataset:
Divorce mediation in New Hampshire: A voluntary concept
Authors: Bautz Barbara J. , Hill Rose M. 
Published: July 2007

AbstractMediation as a method to dissolve marriage relationships is gaining popularity in New Hampshire. Contrary to the popular practice that mediators be professionally educated in law or the mental health field, mediators in New Hampshire are trained community volunteers. Their selection is based on life experience, interpersonal skills, and ability to communicate. This study examined issues of child support, child custody, satisfaction with the final divorce agreement, nature of the postdivorce relationship, and perceptions of fairness of the divorce settlement. The researchers wanted to examine the differences between those couples using the traditional method for a divorce and those using mediation. Furthermore, we wanted to determine if results using volunteer mediators were similar to those in published studies in which the mediator was an attorney or other trained professional.
U.S. mediation in revolutionary conflicts, 1944–1986
Authors: Orme John D. 
Published: July 2007

AbstractPolitical uprisings are different in several respects from most other conflicts in which mediation is undertaken. The United States has attempted to promote political solutions in at least eleven such cases since 1944 and has usually failed. This record can be attributed in part to the failure of U.S. officials to seize opportunities early in the crisis, but is also related to the inherent difficulties of power sharing, the tendency of revolutionary opposition movements to radicalize, and the overconfidence of the leaders in power. U.S. diplomatic intervention is justified as a way of overcoming these obstacles.
The quiet revolution in dispute settlement
Authors: Singer Linda R. 
Published: July 2007

AbstractA move toward the use of alternative dispute resolution strategies has been quietly taking place in America. Disappointment with traditional ways of resolving disputes has led to a quiet revolution in how Americans are managing their conflicts. Alternative dispute strategies are now being used to resolve conflicts in business, between family members, between neighbors, in the international arena, and in government. Disputants who reach agreements by themselves without the help of the formal legal system are more likely to abide by them.
Your telephone may be a party line: Mediation by telephone
Authors: SchWeber Claudine 
Published: July 2007

AbstractIncreasingly, the telephone is being used to conduct mediations and other alternative dispute resolution (ADR) activities. Preliminary observations indicate that the use of telephone mediation increases access to mediation for parties and neutrals, decreases costs, requires skilled communicators, and demands well‐controlled hearings. Benefits and concerns about the telephone process are discussed, since it is clear that use of the telephone will be an important partner in expanding the ADR market.
Part 1. The policy debate. Judicial response to family violence: The importance of message
Authors: Menard Anne E. , Salius Anthony J. 
Published: July 2007

AbstractConnecticut's Family Violence Prevention and Response Act has brought about dramatic changes in the way police, the courts, and service providers coordinate their efforts and respond to incidents of violence within families. The fundamental premises and collaborative process integral to the successful restructuring of Connecticut's family violence response are highly relevant to the current debate on the use of mediation with battered women and their abusive partners.
From coercion to empowerment: Spousal abuse and mediation
Authors: Corcoran Kathleen O'Connell , Melamed James C. 
Published: July 2007

AbstractEarly discussions of the issue of mediating separation and divorce when there has been spousal abuse were characterized by misconception and polarization. As this dialogue continued, relevant terms were better defined, needs and interests were expressed, and understanding, responsiveness, and solutions emerged. This article suggests that the ultimate answer to the question of whether mediation should take place when there has been spousal abuse lies in determining the present level of coercion or intimidation in the relationship.
The common core of mediation
Authors: Honeyman Christopher 
Published: July 2007

AbstractThere is widespread doubt over the advisability, and even the legitimacy, of mediators attempting to broaden their practice into areas in which they lack experience or specialized training. This article uses a previously published descriptive framework of mediation skill to offer the hypothesis that it is possible to provide a rule of thumb to assist parties in estimating their possible “fit” with such a mediator, based on the mediator's assessed strengths and the parties' probable needs as measured by seven parameters.
Mediating the breakup: Do children win?
Authors: Bautz Barbara J. , Hill Rose M. 
Published: July 2007

AbstractMediation is gaining popularity as a method for dissolving marriage relationships. This study examined the differences between agreements settled in mediation versus those settled in an adversarial manner when divorcing parents make decisions about child custody, visitation, and child support. Results of this study indicate that the mediation couples were more satisfied with the divorce process and experienced more harmonious relationships. In addition, parents who mediated their divorce made significantly more joint custody decisions and missed fewer child support payments.
Toward a new discourse for mediation: A critique of neutrality
Authors: Rifkin Janet , Millen Jonathan , Cobb Sara 
Published: July 2007

AbstractThis article explores narrative (storytelling) as an alternative discourse for the practice of mediation. Through the case analysis of a mediation session we show that neutrality, as it is often understood, leads to problems for mediators in constructing agreements. We suggest that by focusing on the storytelling process, mediators will have a new set of resources to enhance the actual interactions that take place in the mediation setting. Unlike most mediation research, this article is based on the empirical examination of actual practices.
Mediation and public policy: Variations on a consensus theme
Authors: Stamato Linda , Jaffe Sanford 
Published: July 2007

AbstractAcross the country states are confronting needs in the areas of housing, the environment, education, health care, crime and delinquency, social welfare, and transportation; ways to financially address them are being sought. To develop and implement policy regarding these needs, common ground must be found among important constituencies. This article suggests that mediation and collaborative problem solving, processes that attempt to develop solutions to problems based on common interests and needs, have significant potential in this regard; there is some experience to support this view. The article analyzes some of the more interesting and compelling variations on the mediation theme that hold particular promise for states and, in light of these variations, suggests policy opportunities at the community, court, executive, and legislative levels.
Preseparation abuse, marital conflict mediation, and postseparation abuse
Authors: Ellis Desmond , Stuckless Noreen 
Published: July 2007

AbstractThis article reports on a study designed to investigate the effects of preseparation hassles, preseparation abuse, and evaluations of the mediation process on postmediation abuse and hassles among a stratified, random, sequential sample of participants in marital conflict mediation. Hassles prior to mediation were found to be associated with postmediation hassles. Engaging in violence‐prevention activities prior to separation and being frightened of one's partner were associated with postseparation abuse. Evaluations of the mediation process were associated with postseparation abuse and only among those who participated in mandatory legal aid mediation. The authors discuss the implication of these findings for the construction of a screening instrument for mediation participants.
Adolescent development and family dynamics: Delineating a knowledge base for family mediation
Authors: Stern Marilyn , Van Slyck Michael R. , Newland Lori M. 
Published: July 2007

AbstractTo facilitate the mediation process and resolve family conflicts involving an adolescent optimally, practicing mediators must have a conceptual understanding and theoretical framework of adolescence. The purpose of this article is to review what we know about normative adolescent development, highlighting how adolescents generally cope with stressors and conflict and identifying effects of their development on family dynamics. Implications for practice are discussed by identifying key underlying developmental issues related to parent‐adolescent conflict. Examples of how the conceptual information presented can be integrated and used by parent‐adolescent mediators are provided.
Comparison of the american mediation process with A Korean‐American harmony restoration process
Authors: LeResche Diane 
Published: July 2007

AbstractThe mediation process used by community‐based mediation centers in the United States is compared with the informal process for handling conflicts used by Korean‐Americans interviewed in the Washington, D.C., area. Significant differences and some commonalities between the two are presented. A framework for comparing conflict resolution procedures is provided. It includes perceptions of conflicts and their derivations, process goals and objectives, how the process is initiated, roles and responsibilities of people in conflict and the third party, type and extent of third‐party preparation, structure of third‐party meetings with conflicting parties, how solutions are generated and selected, and how conflicts are concluded.
Sociological explanations for failure to seek sexual harassment remedies
Authors: Gwartney‐Gibbs Patricia A. , Lach Denise H. 
Published: July 2007

AbstractPublic and private debate over whether Supreme Court nominee Clarence Thomas sexually harassed former employee Anita Hill—and, if he did, why Hill would wait ten years to reveal his behavior publicly—has centered on psychological explanations of the state of mind of Thomas and Hill. This article provides an alternative sociological explanation, emphasizing the effects of gender and race in the social organization of work, and the links between workplace dispute resolution and employment inequality.
Negotiating agreements and resolving disputes across cultures
Authors: Klugman Julian 
Published: July 2007

AbstractThis article is an overview of areas in which race relations problems are susceptible to mediation; casework examples are cited. Disputes are becoming more complex as immigrant groups increase in size and become more willing to go public with their grievances. Ethnic neighborhoods are diversifying, because immigrants from Asia or Latin America include people from more nations than in the past. To resolve cross‐cultural disputes, the mediator must be flexible and nonjudgmental, and all of the concerned parties must “buy into” the process.
Parent‐child mediation: An empirical assessment
Authors: Van Slyck Michael R. , Stern Marilyn , Newland Lori Moore 
Published: July 2007

AbstractThe relationship among preintervention family functioning, conflict characteristics, and mediation outcome and subsequent family functioning was assessed in seventy parent‐child disputes. The Family Environment Scale (FES) profiles indicated that families were distressed, with high levels of dysfunction. Parents and adolescents had divergent perceptions of the conflict. Parental perception, especially that of mothers, was of greater seriousness of the problem related to positive mediation outcome. Positive changes on several FES subscales and overall client satisfaction with the process suggest that parent‐child mediation is an effective intervention modality for helping distressed families in conflict. Implications for future research and practice are discussed.
Effects of peer mediation training on elementary school students
Authors: Johnson David W. , Johnson Roger T. , Dudley Bruce 
Published: July 2007

AbstractA peer mediation training program was conducted in three classrooms in a midwestern, suburban, middle‐class elementary school. Prior to the training program, frequent conflicts involving teasing, playground activities, academic work, and so on, were reported. Students seemed conditioned to look to the teacher for a solution to their conflicts because they did not have the procedures and interpersonal skills necessary to manage conflicts constructively. The training program was successful in dramatically reducing the number of conflicts referred to the teacher, teaching mediation procedures and skills, and generalizing the procedures and skills to use in students' lives outside of the classroom and school.
Mediator neutrality and storytelling order
Authors: Fuller Rex M. , Kimsey William D. , McKinney Bruce C. 
Published: July 2007

AbstractThis study investigates disputant perception of mediator neutrality resulting from storytelling sequence. Volunteer disputants were mediated in role‐play mediation sessions by mediators from the Center for Mediation, James Madison University. Three conditions were identified. In the first, Disputant A told his or her story first. In the second, Disputant B told his or her story first. Third, each disputant concurrently viewed a previously videotaped story from the opposing disputant. This study supports the conclusion that storytelling order does significantly influence perception of mediator neutrality. Further, results suggest that variables relevant to perceived mediator competence, technical skill, and listening are not significantly affected by storytelling order.
Parent‐child mediation: Integrating theory, research, and practice
Authors: Van Slyck Michael R. , Newland Lori M. , Stern Marilyn 
Published: July 2007

AbstractThe lack of a systematic approach to the integration of theory and research limits the study, understanding, and practice of parent‐child mediation. This article critically reviews the research on parent‐child mediation to determine its merits and delineate the consistent and important findings it has produced. Both the consistent findings and some specific findings can be linked to relevant theory that may serve to elucidate our understanding of parent‐child mediation. The implications of the theory and research reviewed for the administration and practice of parent‐child mediation are discussed. This integrative approach provides the greatest potential for advancing the practice of parent‐child mediation.
Hozhooji Naat'aanii: The navajo justice and harmony ceremony
Authors: Bluehouse Philmer , Zion James W. 
Published: July 2007

AbstractNavajos of the Navajo Nation in Arizona, New Mexico, and Utah are reviving their traditional methods of justice to preserve their own ways and overcome a hundred years of imposed adjudication. The Navajo Peacemaker Court, a system of court‐annexed mediation and arbitration, is one of the primary instruments of revival or “going back to the future.” However, traditional Navajo “mediation” and “arbitration” are different from general American methods, and the Courts of the Navajo Nation want to avoid new impositions of non‐Indian methods. This article describes the nature of traditional Navajo justice and contrasts it with non‐Indian alternative dispute resolution.
Balance and harmony: Peacemaking in coast salish tribes of the pacific northwest
Authors: Mansfield Emily 
Published: July 2007

AbstractThe Salish Indian people of the western Washington area lived in communities organized to promote cooperation and minimize overt expression of dispute. This article summarizes research by the Northwest Intertribal Court System on traditional patterns, values, and processes related to disputes and their settlement. The research traced these traditional themes to the present and found that some continue to be used in informal processes today.
The heart connection
Authors: Yale Diane 
Published: July 2007

AbstractLegend has it that Albert Einstein, on his deathbed, stated that there is only one important question: Is the Universe friendly? (Borysenko, 1990). This author suggests that mediators who would like to do so have the opportunity to connect with clients from our heart to theirs. Thus, we may contribute toward creating a friendlier, more optimistic, and healthier environment for them at this emotionally and physically challenging time in their lives.
Applying cooperative and competitive conflict theory to mediation
Authors: Tjosvold Dean , van de Vliert Evert 
Published: July 2007

AbstractMediators can have a powerful impact by helping protagonists learn to manage future conflicts by handling present ones cooperatively. Cooperative conflict research suggests two major mediation strategies. Protagonists develop a cooperative context by listing their major objectives and aspirations independently, brainstorm about how they can help each other reach their goals, and negotiate and reach agreements about this process of mutual goal achievement. Protagonists also learn the cooperative skills of expressing their own ideas and feelings, putting themselves in each other's shoes, combining ideas, and seeking mutually beneficial solutions. Mediators also establish cooperative, conflict‐positive relationships with protagonists.
The kids get the house
Authors: Allison Jeff 
Published: July 2007

AbstractFew events in life are as stressful as separation and divorce, especially for children. In the normal course of events, parents establish separate households and the children go back and forth. But how much of the children's stress could be prevented if the parents went back and forth instead? Jeff and Jackie Allison gave their house to their children. The results, at least in the short term, make this option worthy of consideration by divorcing parents and mediators everywhere.
Not effective communication but effective persuasion
Authors: Tidwell Alan C. 
Published: July 2007

AbstractThis article examines the role of persuasion in mediation. Specifically, the author argues that mediation is at heart a persuasive process, and that mediation plays a key role in overcoming such deficits as trained incapacity and learned helplessness, which disable individuals when they try to resolve disputes. Identifying the persuasive mechanisms used in mediation is of the utmost importance to mediators. The role of consistency and commitment are examined as two primary devices used to persuade parties to resolve their disputes. Finally, the author proposes that a major difficulty in resolving value conflicts is the inability to use persuasion on people of divergent worldviews.
Building on structured mediation: An integrated model for global mediation of separation and divorce
Authors: Grebe Sarah Childs 
Published: July 2007

AbstractThis article traces the development of family mediation in separation and divorce in the United States and details the development of a new model based on the work of O.J. Coogler, one of the pioneers in family mediation. In expanding on Coogler's model, the author clarifies its original structure and procedures as well as its underlying problem‐solving schema. An essentially new model is described that focuses on the interaction between the clients and with the mediator and that incorporates relevant sociological theory.
The construction of ethics in mediation
Authors: Cooks Leda M. , Hale Claudia L. 
Published: July 2007

AbstractThis article explores the discursive construction of ethics as the product of professional guidelines for behavior and as the process of telling stories about moral dilemmas. First, the authors focus on five codes of conduct for mediators and identify disputant self‐determination, informed consent, mediator impartiality, and mediator neutrality as central themes in each of these documents. Second, they examine the tape‐recorded remarks of participants in a seminar dealing with fairness, social justice, ethical concerns, and the responsibility of mediators to address these considerations. The four themes identified in the codes of conduct are shown to delineate the grounds on which ethical concerns were addressed by the seminar participants.
Conflict resolution across cultures: A hawaii perspective and a pacific mediation model
Authors: Barnes Bruce E. 
Published: July 2007

AbstractThis article reviews various consensual methods of conflict resolution—mediation, negotiation, and facilitation—and indigenous culture techniques capable of becoming culturally appropriate for disputes across cultures. Models of addressing multicultural disputes such as community boards, ethnic conciliation commissions, educational campaigns in sovereignty movements, and cross‐cultural comediation are discussed from a Hawaii practitioner's perspective. Peacemaking techniques from Samoan, Hawaiian, Laotian, Filipino, Japanese, Chinese, and Native American cultures are highlighted. The Pacific model for mediation, negotiation, and facilitation of cross‐cultural conflict is introduced; this model was developed in relation to cultures of the Pacific Basin, especially those cultures present in Hawaii.
Victim‐offender mediation by New Zealand probation officers: The possibilities and the reality
Authors: Galaway Burt 
Published: July 2007

AbstractLegislation in New Zealand has established a preference for reparation in sentencing property offenders. Judges may request probation officers to prepare reparation reports, making it the officers' responsibility to attempt to secure victim and offender agreement. Although judges and probation officers perceive mediation and victim‐offender meetings as helpful to both parties and as appropriate mechanisms for setting reparations, mediation occurs infrequently, partly because judges and probation officers also perceive that victims do not want to meet offenders. A victim survey suggests this perception may be incorrect. Also, positive perceptions require administrative support to be translated into practice.
Mediation for children, youth, and families: A service continuum
Authors: Smith Melinda 
Published: July 2007

AbstractThe New Mexico Center for Dispute Resolution has developed a service continuum of mediation and conflict resolution programs for children, youth, and families and has demonstrated that these programs can be effective in responding to some needs of at‐risk children and families. Further, public and private youth agency support and funding can be garnered for youth‐oriented mediation programs, and these programs can then lead to the incorporation of mediation into state youth policy.
An indigenous imperative: The rationale for the recognition of aboriginal dispute resolution mechanisms
Authors: Grose Peter R. 
Published: July 2007

AbstractAustralian Aboriginal communities are characterized by heterogeneity. They are recent phenomena, the very structures being alien to traditional small‐scale groupings. Many Aboriginal communities are today in crisis. The imposed mainstream legal system has resulted in Aboriginal people being the most jailed of any people in the world. Mainstream society, historically both procrustean and ethnocentric in attitude, has until now failed to acknowledge that the definition of human rights is historically and culturally specific. Aboriginal communities are working to establish dispute resolution structures that are culturally appropriate to their particular needs at this particular time. Political support for such moves is increasing noticeably.