bluuebunny/crossref_metadata_2025_split huggingface dataset:
How transformative is volunteer mediation? A qualitative study of the claims of volunteer mediators in a community justice program
Authors: Martin Marc 
Published: July 2007

AbstractThe framework of transformative (non‐problem solving and non‐outcome oriented) mediation that Bush and Folger developed and put forth has generated much discussion in the field of mediation over the past several years. However, despite the apparent importance and urgency of the problems that the transformative model proposes to address, little if any discussion involves its relation to the practice of volunteer mediators. In order to ascertain whether such a relation exists, it would be necessary to inquire as to whether elements of the transformative approach to mediation exist in the volunteer dispute resolution setting and, if so, to what degree. This qualitative study of twenty‐four volunteer mediators of varying levels of experience examined their claims regarding their use of the transformative approach in their practice. It found, according to Bush and Folger, that their rhetoric is, at base, problem solving in, nature. That is, no mediator in this study was found to be exclusively transformative according to the Bush and Folger framework. However, respondents with the most experience (based on the number of mediations and length of time mediating) seemed to express more commitment to a transformative approach in their practice than those with less experience.
Symbol in mediation
Authors: Fisher Jennifer 
Published: July 2007

AbstractUsing symbol is a vital part of the mediation process at every stage. Mediators should be conscious of the wide range of tools available in their art. The point is not to add more gimmicks in a field already struggling for full legitimacy in the mainstream, but to heal the Manichaean splits in our professionalized world between, for example, priest and doctor, theater and therapy, and conflict resolution and community.
Refining and testing joint fact‐finding for environmental dispute resolution: Ten years of success
Authors: McCreary Scott T , Gamman John K. , Brooks Bennett 
Published: July 2007

AbstractFor the past decade, we at CONCUR have been mediating complex environmental disputes and using the technique of joint fact‐finding as a cornerstone of our model of practice. In this article, we present and reflect on this body of experience, with the goal of better informing both our colleagues in the field and other potential users of alternative dispute resolution (ADR) about the elements and preconditions for successful use of joint fact‐finding. We also aim to contribute actively to current initiatives on best practices.
(Re)designing mediation to address the nuances of power imbalance
Authors: Gewurz Ilan G. 
Published: July 2007

AbstractThis 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

AbstractThis 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

AbstractAn 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

AbstractThis 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.
Future lawyers: Adversaries or problem solvers? two law school programs in alternative dispute resolution
Authors: Savage Cynthia A. 
Published: July 2007

AbstractThe 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.
Mediation in academia: Practicing what we preach
Authors: Doelker Richard E. 
Published: July 2007

AbstractThis 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

AbstractMediation 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

AbstractWhen 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

AbstractDisputes 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

AbstractMediation 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

AbstractIs 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

AbstractAgencies 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

AbstractThis 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

AbstractThe 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.
Judging the fairness of mediation: A critical framework
Authors: Menzel Kent E. 
Published: July 2007

AbstractThis 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

AbstractThe 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.
The boundaries between mediation and therapy: Ethical dilemmas
Authors: Dworkin Joan , Jacob Lynn , Scott Elizabeth 
Published: July 2007

AbstractThe 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

AbstractThe 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

AbstractBorrowing 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

AbstractTo 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

AbstractThePsychological 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

AbstractThe 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

AbstractDoes 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

AbstractThe 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

AbstractThe 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

AbstractThe 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

AbstractMediation 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.