Wanted: a theoretical construct for mediation practice
Article Abstract:
A comprehensive theory of mediation is needed so ADR professionals can establish practical standards and boundaries for their work. Mediation principles should not be developed for individual cases. Evaluative mediation, for example, in which projected trial outcomes are used as a tool, are used but not wholly accepted. Mediation represents a political philosophy opposed to the American cultural predisposition to adversarial contests. Any explanatory theory should consider cultural resistance to mediation.
Publication Name: Dispute Resolution Journal
Subject: Law
ISSN: 1074-8105
Year: 1998
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Bridging cultural gaps in mediation
Article Abstract:
The authors present a five-step technique for improving mediation in a cross-cultural context. Topics include use of the technique in individual mediation, overcoming differences in communication styles, the practice of reframing the issue, and agreement and closure.
Publication Name: Dispute Resolution Journal
Subject: Law
ISSN: 1074-8105
Year: 2001
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A theory of mediation
Article Abstract:
The author provides a theoretical framework for mediation, to incorporate its various styles and outcomes, to help practitioners and clients determine appropriate approaches in different circumstances.
Publication Name: Dispute Resolution Journal
Subject: Law
ISSN: 1074-8105
Year: 2001
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