bluuebunny/crossref_metadata_2025_split huggingface dataset:
A mediation‐counseling approach to marriage crisis resolution
Authors: Curtis Fred A. , Bailey Beeke 
Published: July 2007

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

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

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

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

AbstractThe Psychological Abstracts for a six‐year period, 1980‐1985, were reviewed as a way to measure the growth of psychological interest in mediation. Two hundred and thirty dispute‐resolution abstracts were categorized and analyzed. There was 1 abstract in 1980, 37 in 1983, and 110 in 1985.
Who nurtures the nurturer? a model of a peer support group
Authors: Blumstein Edward , Wisch Patricia B. 
Published: July 2007

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

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

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

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

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

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

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

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

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

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

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

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

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

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

AbstractMediators often deal with parties whose anger has become a force more powerful than self‐interest. In these situations, the neutral must find ways of releasing the parties from vengeful, self‐harming behavior by creating an alternative in forgiveness and reconciliation. This article explores definitions of anger, revenge, and forgiveness as well as the occasions and reasons for experiencing these emotions. Practical and creative techniques involving symbol, ritual, and storytelling are suggested so that parties may forgive one another and begin the healing process.
Teaching peaceful conflict resolution
Authors: Roush Glenn , Hall Edwin 
Published: July 2007

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

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

AbstractIn this article, assumptions relating to child custody mediation are presented and analyzed. These assumptions, when not acknowledged as such, can threaten the process and outcome of custody mediation. To help mediators effectively address these assumptions in practical settings, a group of strategies are also offered. Finally, a process model for conceptualizing child custody disputes is provided, which serves as a framework for understanding the interrelationships of these assumptions and strategies.
A communication perspective for mediation: Translating theory into practice
Authors: Millen Jonathan H. 
Published: July 2007

AbstractCommunication and mediation are connected in both theory and practice. Yet, while significant advances have been made in the realm of communication theory and conflict resolution, mediation still largely employs an outdated perspective of communication. This article presents a process perspective of communication that holds much promise for mediators. Four concepts—coordination, context, political negotiation, and emergence of meaning—are explored as they pertain to the practice of mediation. Each concept is applied to a brief case example to illustrate the resources generated from the adoption of the process perspective.
Mediation and wife abuse: A review of the literature
Authors: Perry Linda 
Published: July 2007

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

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

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

AbstractLesbians and gay men, whether seeking child custody or adoption, continue to be marginalized by the general public and legal system. This article explores the large body of research documenting that same‐sex couples are as effective as parents as straight couples. However, the judiciary system still disapproves of same‐sex couples in relation to adoption and custody of children. An alternative approach to avoid the courts and uphold the dignity of the family is mediation. The author analyzes how mediation is used in the gay community and, from a personal perspective, discusses his upbringing by a gay couple and how, as a teenager, he was caught in a custody dispute.
Restorative justice on trial in Britain
Authors: Marshall Tony Francis 
Published: July 2007

AbstractA major government study followed all cases referred to the main victim‐offender mediation projects in England over two years. Despite many favorable outcomes, the projects encountered problems owing to the hostile environment of traditional criminal justice and its offender orientation and punishment focus. Existing agencies tended to take over the new projects, trying to adapt them to their own ends, whereas the greatest potential in such innovations lies in their new aims of reconciliation and a conflict resolution approach to crime policy.
Mediating conflicts of persons at risk of homelessness: The helping hand project
Authors: Nelson Mardell C , Sharp William R. 
Published: July 2007

AbstractThis article describes a model project for using volunteer mediators trained in conducting needs assessments, providing information and referral services, and using mediation skills to implement strategies that prevent high‐risk households from becoming homeless. This project demonstrates social systems mediation skills and shows how, when used with, negotiations and mediation hearings, they have an empowering effect on the parties to housing conflicts: households, landlords, utility companies, and service providers. To date, die project has prevented over four hundred families from becoming homeless while saving thousands of dollars and building a community‐based social services mediation program.
Advanced medical directives and family conflict: A potential opportunity for mediator intervention
Authors: Gentry Deborah 
Published: July 2007

AbstractThe author first examines patient self‐determinism as a public policy issue, legislation that was enacted as a result of activism related to this issue, and recent trends relative to the initial implementation of the legislation that may be of interest to family mediators. Second, the author suggests ways family mediators could reach out to serve an as yet untapped clientele who are distraught over family conflict generated by one or more members having formulated advanced medical directives.