Mediation: Theory, Policy and Practice: Theory, Policy and Practice

✍ Scribed by Carrie Menkel-Meadow (editor)

• Publisher: Routledge
• Year: 2017
• Tongue: English
• Leaves: 715
• Series: Routledge Revivals
• Edition: 1
• Category: Library

✦ Synopsis

This title was first published in 2001. This volume of essays explores the theoretical and jurisprudential bases of mediated forms of dispute resolution, from legal, anthropological, sociological, psychological and political sources. It also presents ongoing disputes about the field itself, including its threat to conventional litigation and justice seeking adjudication, and its promise in providing more humane and tailored solutions to human problems.

✦ Table of Contents

Cover
Half Title
Title Page
Copyright Page
Table of Contents
Acknowledgements
Series Preface
Introduction
PART I THEORY, PURPOSES AND GOALS OF MEDIATION
1 'Mediation – Its Forms and Functions'
2 'Whose Dispute Is It Anyway?: A Philosophical and Democratic Defense of Settlement (In Some Cases)'
3 'Changing People, Not Just Situations: A Transformative View of Conflict and Mediation'
4 'Post-Settlement Settlements'
PART II DEFINITIONS, ORIGINS, IDEOLOGIES AND CONTROVERSIES
5 'The Many Ways of Mediation: The Transformation of Traditions, Ideologies, Paradigms and Practices'
6 'Understanding Mediators’ Orientations, Strategies, and Techniques: A Grid for the Perplexed'
7 'Mediator Settlement Strategies'
8 'The Unspoken Resistance to Alternative Dispute Resolution'
9 'The Mediation Alternative: Process Dangers for Women'
10 'Controlling Processes in the Practice of Law: Hierarchy and Pacification in the Movement to Re-Form Dispute Ideology'
PART III PRACTICE AND POLICY ISSUES
11 'Selective Facilitation: Some Preliminary Observations on a Strategy Used by Divorce Mediators'
12 'Neutrality: A Guide for the Organizational Ombudsperson'
13 'Dealing With Power Imbalances in the Mediation of Interpersonal Disputes'
14 'The Value of Decision Analysis in Mediation Practice'
15 'The Top Ten Reasons Why Mediators Should Not Evaluate'
16 'Small Claims Mediation in Maine: An Empirical Assessment'
17 'Ethics in Alternative Dispute Resolution: New Issues, No Answers From the Adversary Conception of Lawyers’ Responsibilities'
PART IV APPLICATIONS
18 'Mediation in Family Disputes'
19 'Ideological Production: The Making of Community Mediation'
20 'Dispute Resolution in China After Deng Xiaoping: “Mao and Mediation” Revisited'
21 'Experiences of Mediation (in the Central London County Courts)'
22 'Restoring Justice'
PART V THE FUTURE HOPE AND PROMISE OF MEDIATION
23 'Fitting the Forum to the Fuss: A User-Friendly Guide to Selecting an ADR Procedure'
24 'Conflict Resolution, Cultural Differences, and the Culture of Racism'
25 'The Trouble with the Adversary System in a Postmodern, Multicultural World'
Name Index