bluuebunny/crossref_metadata_2025_split huggingface dataset:
Situated substantive expertise: An ethnographic illustration and a proposed standard of practice for mediators
Authors: Kandel Randy Frances 
Published: July 2007

AbstractThrough analysis of three mediator interventions, including two from the author's field research on child custody mediation in the Los Angeles County Superior Court, the author suggests that the theoretical distinctions between process and content, and between considering options and making suggestions, are untenable in practice and inadvisable as the sole basis for developing good mediation practice criteria (for example, the Model Standards of Conduct for Mediators). As a complement, the author suggests the inclusion of situated substantive expertise (grounded understanding of the people participating, the particular problems they face, and the range of workable solutions) as an affirmative obligation for mediators.
Straw man rising: A rejoinder to delia noce
Authors: Benjamin Michael , Irving Howard H. 
Published: July 2007

AbstractDorothy Delia Noce (1997) had the right idea when she argued in favor of the greater use of theory in family mediation practice. She was also largely right in defining “coherent, well‐articulated models of practice” as meeting six criteria of adequacy. However, we find her approach to theory problematic in at least three respects. Further, in selecting our text Family Mediation: Contemporary Issues (Irving and Benjamin, 1995), she sets us up as straw men and, as with all straw men, then proceeds to knock us down. In at least three respects, we suggest her treatment of our text is less than adequate.
Changing the paradigm: The effect of recent family law legislation in England, Australia, and the United States
Authors: McIaac Hugh 
Published: July 2007

AbstractThis article reviews three examples of reforms in family law, as well as some of their effects, or shadows. The examples are (1) the Washington state language change in family law statutes, (2) the Oregon family law reforms of 1996–97, and (3) the 1989 Children Act in England. The article concludes with an analysis of the implications for a modern family court.
National survey of victim‐offender mediation programs in the United States
Authors: Umbreit Mark S. , Greenwood Jean 
Published: July 2007

AbstractAn extensive survey of victim‐offender mediation programs in the United States was initiated by the Center for Restorative Justice and Mediation, University of Minnesota, School of Social Work, in 1996. Far more programs were found, at various stages of development, than had previously been identified (Hughes and Schneider, 1989; Umbreit, 1994, 1995a; Umbreit and Niemeyer, 1996). This article first briefly reviews the international growth of the victim‐offender mediation field. It then reports on the quantitative findings that emerged from the national survey of programs in the United States and on a number of themes that emerged from open‐ended questions and conversations with the staff from the 116 programs (out of a total of 289 programs identified) that participated in an interview.
Negotiation culture in a post‐soviet context: An interdisciplinary perspective
Authors: Ohanyan Anna 
Published: July 2007

AbstractAn American negotiates for a car, for a house, and for a place within the society. Negotiation is engraved in the informal social relations of the American culture and embedded in the institutional design of the American state. However, given the past authoritarian structure in the post‐Communist countries and the current political hardships on the course of democratization, currently negotiation is not a frequently used strategy in that region. However, its role in dealing with the democratization processes, ethnic strife, and globalization trends affecting the region is extremely urgent. The rapid social changes in the region require adequate adjustments in the decision‐making modes in both formal governance structures and the informal public realm.
Reformulating dispute narratives through active listening
Authors: Phillips Bruce 
Published: July 2007

AbstractTraditional approaches to mediation treat active listening skills like formulation (reflecting, mirroring) as neutral means through which mediators may come to know the issues of concern to disputants. This study investigated the use of formulation through the microanalysis of a mediation session and a therapy session. The analysis shows that formulating is a nonneutral means of communication that allows the mediator to (1) transform disputants' statements, (2) select or ignore disputants' issues, and (3) invite or discourage disputants' contributions to these issues. Formulation apparently plays an important function in the reformulation of dispute narratives.
Practice issues in community mediation
Authors: Mackay Robert E. , Brown Amanda J. 
Published: July 2007

AbstractWe report the findings of a study of three Scottish mediation programs undertaken in 1997. We used a qualitative method, drawing on interviews with referrers, practitioners, service users, and managers, as well as case documentation. We conclude that (1) practitioners have to take seriously the interface with legal and official administrative processes, (2) volunteer mediators need to develop confidence in promoting mediation as a practice, (3) the projection of direct face‐to‐face mediation as an ideal‐typical model has to be reexamined, and (4) existing traditions of conflict resolution in minority ethnic communities should be owned as a part of a strategy of social inclusion.
Mediator attitudes toward outcomes: A philosophical view
Authors: Gibson Kevin 
Published: July 2007

AbstractOne of the strengths of mediation is that individuals are capable of crafting their own settlements, and many mediators are reluctant to monitor or interfere with a settlement that the parties endorse. I suggest that mediators cannot ignore the nature of the settlement. Parties may be unreliable judges of their own best interests, and there are inevitably wider social issues that need to be considered. My analysis implies that there ought to be some mechanism for external review of all mediated agreements. Although this conclusion might make mediation less efficient, it is necessary to maintain the integrity of the process.
The role of interest‐based facilitation in designing accreditation standards: The Canadian experience
Authors: Neilson Linda C. , English Peggy 
Published: July 2007

AbstractThis article discusses the design and implementation of a national certification process for family mediators by Family Mediation Canada (FMC) in 1999, as well as findings from data collected during the pilot testing, of the certification process. Debates continue about theoretical orientation, best practices, and thus the feasibility of standards of practice. This article argues that although these debates are vital to disciplinary growth, they deflect attention from areas of fundamental consensus. Professional practice arid certification standards are designed using one of two approaches. The first approach is expert‐driven and evaluative and focuses on differences among practitioners. In this approach, experts evaluate differences and then propose the best model and standards of practice. The second approach is interest‐based and facilitative. It builds on areas of consensus among practitioners. Facilitators use mediation methods to support practitioner self‐empowerment and self‐determination in the design of practice and certification standards. This article argues that adoption of the second approach was the key to the success of the FMC process.
Money and mediation: Patterns of conflict in family mediation of financial matters
Authors: Benjamin Michael , Irving Howard 
Published: July 2007

AbstractCurrent treatment of family mediation involing financial matters portrays it as a complex but rotine area of practice based on legal principle and typically handled by lawyers. Little if any mention is made of the fact of that negotiation around money (assets) and its division can be a source of intense spousal conflict. In turn the literature offers pratitioners little or no guidance as to either the bases of such conflict or how best to deal with it in mediation. In describing five distinctive patterns of conflict around money, we address both limitation of the literature.
Advice by any other name…
Authors: Fisher Tom 
Published: July 2007

AbstractWithin the context of family law mediation, the author explores the issue of giving advice and performing related interventions that mask a similar intention. It does so by examining some codes of conduct and professional standards from Australia, Canada, and the United States and also by drawing on recent literature concerning mediator intervention, particularly on the subjects of impartiality and neutrality, reframing, mediator pressure, ethics, and the concept of the mediator as “folkloric trickster.” The author concludes that mediator intervention (such as creating doubt, reframing, and applying pressure to respond to a mediators concern) and selective facilitation obviously do not fit the definition of giving advice in the narrow sense by recommending a specific course of action. Nevertheless, they also are not simply an intervention of process (rather than one of content), for they are intended to redirect a party's attention to a hitherto unthought of or unarticulated substantive possibility. Thus the mediator may be seen, in broad terms, as an advocate for fair and effective use of the process of mediation to safeguard or enhance party self determination. To forward this aim, he or she may use an intervention intended to impart advice while still respecting party autonomy.
Theory building for conflict management system design
Authors: Conbere John P. 
Published: July 2007

AbstractSince 1986, several practitioners have developed models for conflict management systems in organizations. None of these has been thoroughly researched to validate the premises of the design. The models are described in this article, and Dubin's approach to theory building is reviewed and used as a template to examine what is needed to validate and improve the developing theory about organizational conflict management system design and implementation. A call for research is given, with some specific research questions that merit investigation.
Transnational conflict resolution practice: A brief introduction to the context, issues, and search for best practice in exporting conflict resolution
Authors: Yarn Douglas H. 
Published: July 2007

AbstractThis article introduces three other articles on transnational conflict resolution practice. Many North American practitioners are “exporting conflict resolution,” applying their domestic experience and North American conflict‐handling models and concepts in other societies and cultures. This practice raises a number of issues, including the cultural appropriateness and transferability of the models and the ability of the society to integrate new conflict‐handling mechanisms or build conflict‐handling capacity. This article describes the kinds of work that various practitioners are conducting abroad and the context in which they are operating. It examines whether some of the models are replicable and suggests that the underlying concepts are often transferable but that the ultimate form or structure depends on the specific cultural context. It concludes that the primary challenge of transnational conflict resolution practice is conceptual transferability and that any emerging guidelines, protocols, or best practices are useful if they aid the recipient society's efforts to structurally adapt the conflict‐handling model.
Conflict resolution in elementary and secondary education
Authors: Levy Jack 
Published: July 2007

AbstractPublic school curricula have traditionally treated conflict as a body of knowledge rather than an opportunity for skill development. Increasingly, however, programs that feature mediation, cooperative learning, and cross‐cultural communication have become more common. Those designing conflict resolution (CR) curricula must carefully consider purpose, audience, and outcomes. This paper provides a framework for reflection, offers some guidelines for writing and implementing CR curricula, and includes examples of current elementary and secondary programs and practices.
A model for ethical decision making in mediation
Authors: Grebe Sarah Childs , Irvin Karen , Lang Michael 
Published: July 2007

AbstractMediators are constantly faced with ethical dilemmas in their practice. Many mediators are unfamiliar with the philosophical and theoretical bases for ethical decision making because it is not a part of their training. On the other hand, most mediators utilize a variation of a problem‐solving technique in mediation that can be easily adapted to resolving ethical dilemmas. This article explores the sources of conflict (both internal and external to the mediator) resulting in ethical dilemmas. It delineates a problem‐solving model for decision making and presents its application to a case.
Mediation in the schools: Self‐regulation, self‐esteem, and self‐discipline
Authors: Maxwell Jennifer P. 
Published: July 2007

AbstractSelf‐regulation is a concept from the field of developmental psychology that describes a person's ability to generate socially approved behavior in the absence of external monitors. It is considered to be a significant aspect in the socialization of children. School‐based mediation programs that train students in communication and problemsolving skills and allow them to practice these skills, can be an asset to schools in a number of ways. Mediation is an effective way of addressing discipline problems that are especially difficult to handle using traditional means. At the same time, students participating in a mediation program are rehearsed in skills that lead to selfregulation.
The merely known mediator: Taoism and the metaphoric analysis of mediator behavior in divorce and custody mediation
Authors: Holt G. Richard , Steingard David 
Published: July 2007

AbstractSeven metaphors describing the ideal leader are taken from the Chinese Taoist classic Tao Te Ching and reformulated as prescriptions for the mediator of divorce and custody disputes. It is argued that these seven metaphoric prescriptions serve two functions in the study of mediation: (1) as desirable practices for the mediator to emulate and (2) as generative metaphors that foster discovery about the mediation process when applied to transcripts of mediation sessions.
Part 2. Research perspectives. Violence, fear, and communication: The variable impact of domestic violence on mediation
Authors: Chandler David B. 
Published: July 2007

AbstractGeneralizations from a clinical knowledge base as well as from victim advocates may have resulted in overestimation of the prevalence of domestic violence in divorce mediation cases and an overly simple view of its consequences for victims in mediation. Careful empirical comparison between violence cases, identified by premediation screening questions, and nonviolence cases in a popuhtion (n = 216) of divorcing couples voluntarily seeking mediation, reveals that 23 percent have a history of violence. A policy of premediation violence screening and counseling may be able to adequately differentiate between the potentially small number of violence cases in which mediation is inappropriate and those cases in which mediation has the same results as it does for nonviolence cases.
The power of mediation
Authors: Marshall Tony F. 
Published: July 2007

AbstractThe article analyzes the relationship between mediation practice and the structure of power in society. Most of the theory of mediation is premised on myths about its practice that constitute flight from the conflict with social power. Mediation, far from being value‐neutral, represents a distinct and well‐developed value system that can be used both to create professional standards and to educate the public. Only a combination of the two can provide protection against a takeover of mediation by power holders in society.
Mental illness and labeling in mediation
Authors: Retzinger Suzanne M. 
Published: July 2007

AbstractThis article concerns mediation issues involving the labeling of mental illness. I am not advocating the involvement of mental patients in mediation; but when one or both parents arrive at court‐mandated child custody mediation with mental problems, certain issues need to be addressed. Scheffs (1984) work on labeling can be used to understand some of the myths of mental illness: stereotyping leads to bias, diminishes neutrality, and distorts interpretations. Many stereotypes evolved from individualistic approaches. A system approach may be more productive. Family system theory views the parts (individual members) in the context of the whole (the family and community). Labeling theory views the larger whole of belief systems. I use a composite case example to illustrate my point. Several implications concerning power positions, mediator bias, and “insight” follow from my analysis.
Mediation and the workplace: Creating an awareness within employee assistance programs
Authors: Csiernik Rick 
Published: July 2007

AbstractEmployee Assistance Programs (EAPs) have arisen in work sites to help troubled employees deal with personal problems before their jobs are permanently affected. Originally known as Occupational Alcoholism Programs, EAPs now deal with a wide spectrum of problems. Depending on the work site, 20 to 45 percent of persons using EAPs do so for family or marital reasons. EAP is a burgeoning industry across North America, yet its links with mediation services are limited. EAP can act not only as an access route to mediation but also as a workplace‐based support system for those involved in the mediation process.
The equity of mediated divorce agreements
Authors: Pearson Jessica 
Published: July 2007

AbstractEmpirical studies come to contradictory conclusions about the dispute resolution forum women can expect to be most equitable in arrangements associated with separation and divorce. Structured telephone interviews were conducted with 302 divorced individuals who not only mediated their separation and divorce issues but also used other methods such as lawyer negotiation, judicial assistance, and autonomous negotiation. Mediation took place in both public and private arenas. Although mediation does not exacerbate the financial woes of women after divorce any more than any of the other dispute resolution techniques, it may not protect women either.
How mediation can effectively address the male‐female power imbalance in divorce
Authors: Neumann Diane 
Published: July 2007

AbstractFeminists have long cautioned women in “traditional” marriages against the use of mediation to resolve support and property issues in divorce. Their concern is that the great disparity in power between the more powerful, income‐producing husband and the less powerful, caretaking wife results in the husband winning a greater share of the marital assets. Society must change, feminists insist, in order for a mediator to effectively address the imbalance. Divorce mediators, in contrast, explain that mediators can effectively address the power imbalance between such traditional divorcing spouses and that the mediation process can result in a fair settlement. The resolution of these two conflicting theories is the focus of this article.
The invisible ‐ism: Heterosexism and the implications for mediation
Authors: Townley Annette 
Published: July 2007

AbstractThe mediation field has made great strides in its commitment to multicultural understanding, but lesbians and gay men remain invisible within the conflict resolution community. There is virtually no dispute resolution literature, except anecdotal, to support this claim. However, there is evidence to support the fact that lesbians and gay men are a significant but often invisible portion of the U.S. population. This article discusses ways in which the mediation field perpetuates this invisibility, explores whether mediation really provides an alternative dispute resolution process for lesbians and gays, assesses the impact of this exclusion on the practice of mediation, and suggests ways in which mediators and mediation programs can address homophobia and heterosexism.
The role of minorities in establishing mediating norms and institutions in the new democracies
Authors: Shonholtz Raymond 
Published: July 2007

AbstractThis article focuses on some of the dilemmas presented to the new democracies of Central and Eastern Europe by the suppression, manipulation, and minimalization of the function of conflict under the Communist regimes. That legacy is presented as the background for a discussion of the importance of conflict for democratic institution building and the setting of new norms in the republics of Central and Eastern Europe and the Russian federation.
Do peaceful conflict management methods pose problems in posttotalitarian Poland?
Authors: Olszanska Justyna , Olszanski Robert , Wozniak Jacek 
Published: July 2007

AbstractMediation as a conflict management procedure is a new phenomenon in Poland. This article examines the fundamental barriers to its introduction there: traditional patterns of thinking about conflict, approaches to the resolution of conflict, and current political and economic conditions. The problems of introducing a procedure based on the concepts of process experts into a society where social expectations and cultural tradition differ from those in the United States are described. The article discusses how the mediation procedure can be adapted in Poland to incorporate conditions specific to the country.
Mediation and native American repatriation of human remains
Authors: Thom Stephen N. , Myers Larry , Klugman Julian 
Published: July 2007

AbstractThis article works the reader through actual casework conducted by mediators from the California State Native American Heritage Commission and the Community Relations Service of the U.S. Department of Justice. It explores mediation of disputes on Native American repatriation as a relatively new and sensitive area and describes how such cases with divergent interests can find solutions through mediation. The authors pay particular attention to the premediation stages of these cases, which set the stage for a review of the actual disputed issues and resolutions derived from a series of five cases.
Influencing unconscious influences: The healing dimension of mediation
Authors: Gold Lois 
Published: July 2007

AbstractCurrent role definitions limit the potential for the mediation process to be a healing experience. This article examines the implications of considering mediation within a healing paradigm. Methods to increase the healing potential of the mediation process focus on the quality of the mediator‐client relationship, drawing from the mediator's highest consciousness or spiritual center, the use of indirect and embedded suggestion, and strategies that promote self‐healing. It is suggested that there is room for a model of mediation incorporating healing, which might be referred to as “holistic” mediation.
Mediator issue intervention strategies: A replication and some conclusions
Authors: Donohue William A. , Drake Laura , Roberto Anthony J. 
Published: July 2007

AbstractThe goal of the study reported here was to compare two samples of mediator intervention strategies to learn about sources of dissatisfaction among clients. The results indicate that the more mediators ignore disputants' relational concerns, the more difficulty they will experience in reaching agreement. In both samples, couples who came to mediation with significant relational baggage quickly moved the discussion toward these concerns and away from substantive issues. Mediators who had trouble reaching agreement bypassed any mention of these issues and instead focused on facts. By failing to provide the clients with an opportunity to vent emotional concerns, these mediators may have contributed significantly to decreased client satisfaction.