Bernie Mayer | Creighton University (original) (raw)

Papers by Bernie Mayer

This empowering guide goes beyond observable techniques to offer a close look at the creative int... more This empowering guide goes beyond observable techniques to offer a close look at the creative internal processes--both cognitive and psychological--that successful mediators and other conflict resolvers draw upon.

Preface. Part One: The Crisis. 1. Conflict Resolution: A Field in Crisis. 2. The Resistance to Co... more Preface. Part One: The Crisis. 1. Conflict Resolution: A Field in Crisis. 2. The Resistance to Conflict Resolution. 3. The Use (and Misuse) of Mediation. 4. Ten Beliefs That Get in Our Way. 5. Conflict Resolution and Society. Part Two: From Resolution to Engagement. 6. The Power of Engagement. 7. The Conflict Specialist. 8. Embracing Advocacy. 9. Redefining Conflict Resolution. References. About the Author. Index.

Alternatives to the High Cost of Litigation, 2007

Do major, sophisticated, well-funded companies, institutions and organizations often find themsel... more Do major, sophisticated, well-funded companies, institutions and organizations often find themselves blindsided by conflicts they might have anticipated? We think so. The Brent Spar fiasco is a high-profile example. By 1995, Shell UK had spent four years planning for the deliberate sinking of the Brent Spar, an obsolete, 20-yearold, billion-dollar oil rig. But the plans went haywire. Shell discovered to its horror that extensive internal analysis of the safest disposal method, the company's worldwide presence and influence, and even its government-approved disposal permits weren't enough to forestall a public debacle. Greenpeace's opposition campaign, which included occupying the rig, found oil industry allies; European governments

Alternatives to the High Cost of Litigation, 2004

Encyclopedia of Social Work, 2013

Family Court Review, 2009

Consensus approaches to child protection decision making such as mediation and family group confe... more Consensus approaches to child protection decision making such as mediation and family group conferencing have become increasingly widespread since first initiated about 25 years ago. They address but are also constrained by paradoxes in the child protection system about commitments to protecting children and to family autonomy. In a series of surveys, interviews, and dialogues, mediation and conferencing researchers and practitioners discussed the key issues that face their work: clarity about purpose, system support, family empowerment, professional qualifications, and coordination among different types of consensus-building efforts. Consensusbased decision making in child protection will continue to expand and grow but will also continue to confront these challenges.

Family Court Review, 2009

Conflict Resolution Quarterly, 2005

Mediation Quarterly, 1993

This article outlines general principles and practical information useful for conflict management... more This article outlines general principles and practical information useful for conflict management practitioners who conduct consultations and trainings on democratic decision-making and dispute resolution processes in countries making a transition from authoritarian to democratic structure. The article, which is based on the authors' work in Central and Eastern Europe, Africa, and Asia, identifies hey considerations for collaborative partnerships with foreign practitioners who need to develop coequal working relationships. A number of modelsfor assistance and interventions are described and evaluated, and a series of practical suggestions on developing common vision, designing collaborative decision-making processes, and responding to cultural differences when working with interpreters is presented.

Conflict Resolution Quarterly, 1987

For people in the business of solving disputes in a collaborative manner, power is sometimes view... more For people in the business of solving disputes in a collaborative manner, power is sometimes viewed as a dirty word. Power is equated with coercion, a noncooperative spirit, and a breakdown in communication. Yet power also provides the motivation for collaboration and defines the range of settlement options available to the parties. Power is a factor in all interpersonal relations, and it has a significant effect on even the most cooperative disputeresolution process. All negotiators have some power or influence over other parties and use this influence to pursue their goals. People who have no source of power in regard to a dispute do not have to be dealt with or taken into consideration and are therefore not a party to the conflict. Mediators are also invested with a great deal of power by the mediation process. Whether or not they consciously choose to exercise it, mediators inevitably use their influence at every point of the intervention. This is neither good nor bad; rather, it is a necessary consequence of the structure of the intervenor's role in conflict resolution. What mediators can choose is whether to exercise this power in a deliberate way and with a specific purpose. A n awareness of the ways in which power impacts negotiation and mediation is crucial to the conflict resolver. In order to help parties reach a settlement, the intervenor must understand the nature of power as it is C. W. Moore fed.). Practical Shnk-g& for the Phases of Mediation.

Conflict Resolution Quarterly, 1985

Conflict Resolution Quarterly, 1989

Fam. LQ, 1986

In 1985, the Center for Dispute Resolution (CDR) located in Denver, Colorado, began to mediate ch... more In 1985, the Center for Dispute Resolution (CDR) located in Denver, Colorado, began to mediate child protection cases. In this novel project, trained mediators assisted parents and caseworkers to negotiate their differences in cases involving alleged child abuse or neglect. The goal ...

American Journal of Sociology, 1976

This Masthead is brought to you for free and open access by the Journals at Marquette Law Scholar... more This Masthead is brought to you for free and open access by the Journals at Marquette Law Scholarly Commons. It has been accepted for inclusion in Marquette Law Review by an authorized administrator of Marquette Law Scholarly Commons. For more information, please contact megan.obrien@marquette.edu. ... Repository Citation Marquette University Law School, Volume 95, Spring 2012 Masthead, 95 Marq. L. Rev. (2012). Available at: http://scholarship.law.marquette .edu/mulr/vol95/iss3/1 ... THE FUTURE OF COURT ADR: MEDIATION AND BEYOND

Marquette Law Review, 2012

This Article is brought to you for free and open access by the Journals at Marquette Law Scholarl... more This Article is brought to you for free and open access by the Journals at Marquette Law Scholarly Commons. It has been accepted for inclusion in Marquette Law Review by an authorized administrator of Marquette Law Scholarly Commons. For more information, please contact megan. obrien@ marquette. edu.

This empowering guide goes beyond observable techniques to offer a close look at the creative int... more This empowering guide goes beyond observable techniques to offer a close look at the creative internal processes--both cognitive and psychological--that successful mediators and other conflict resolvers draw upon.

Preface. Part One: The Crisis. 1. Conflict Resolution: A Field in Crisis. 2. The Resistance to Co... more Preface. Part One: The Crisis. 1. Conflict Resolution: A Field in Crisis. 2. The Resistance to Conflict Resolution. 3. The Use (and Misuse) of Mediation. 4. Ten Beliefs That Get in Our Way. 5. Conflict Resolution and Society. Part Two: From Resolution to Engagement. 6. The Power of Engagement. 7. The Conflict Specialist. 8. Embracing Advocacy. 9. Redefining Conflict Resolution. References. About the Author. Index.

Alternatives to the High Cost of Litigation, 2007

Do major, sophisticated, well-funded companies, institutions and organizations often find themsel... more Do major, sophisticated, well-funded companies, institutions and organizations often find themselves blindsided by conflicts they might have anticipated? We think so. The Brent Spar fiasco is a high-profile example. By 1995, Shell UK had spent four years planning for the deliberate sinking of the Brent Spar, an obsolete, 20-yearold, billion-dollar oil rig. But the plans went haywire. Shell discovered to its horror that extensive internal analysis of the safest disposal method, the company's worldwide presence and influence, and even its government-approved disposal permits weren't enough to forestall a public debacle. Greenpeace's opposition campaign, which included occupying the rig, found oil industry allies; European governments

Alternatives to the High Cost of Litigation, 2004

Encyclopedia of Social Work, 2013

Family Court Review, 2009

Consensus approaches to child protection decision making such as mediation and family group confe... more Consensus approaches to child protection decision making such as mediation and family group conferencing have become increasingly widespread since first initiated about 25 years ago. They address but are also constrained by paradoxes in the child protection system about commitments to protecting children and to family autonomy. In a series of surveys, interviews, and dialogues, mediation and conferencing researchers and practitioners discussed the key issues that face their work: clarity about purpose, system support, family empowerment, professional qualifications, and coordination among different types of consensus-building efforts. Consensusbased decision making in child protection will continue to expand and grow but will also continue to confront these challenges.

Family Court Review, 2009

Conflict Resolution Quarterly, 2005

Mediation Quarterly, 1993

This article outlines general principles and practical information useful for conflict management... more This article outlines general principles and practical information useful for conflict management practitioners who conduct consultations and trainings on democratic decision-making and dispute resolution processes in countries making a transition from authoritarian to democratic structure. The article, which is based on the authors' work in Central and Eastern Europe, Africa, and Asia, identifies hey considerations for collaborative partnerships with foreign practitioners who need to develop coequal working relationships. A number of modelsfor assistance and interventions are described and evaluated, and a series of practical suggestions on developing common vision, designing collaborative decision-making processes, and responding to cultural differences when working with interpreters is presented.

Conflict Resolution Quarterly, 1987

For people in the business of solving disputes in a collaborative manner, power is sometimes view... more For people in the business of solving disputes in a collaborative manner, power is sometimes viewed as a dirty word. Power is equated with coercion, a noncooperative spirit, and a breakdown in communication. Yet power also provides the motivation for collaboration and defines the range of settlement options available to the parties. Power is a factor in all interpersonal relations, and it has a significant effect on even the most cooperative disputeresolution process. All negotiators have some power or influence over other parties and use this influence to pursue their goals. People who have no source of power in regard to a dispute do not have to be dealt with or taken into consideration and are therefore not a party to the conflict. Mediators are also invested with a great deal of power by the mediation process. Whether or not they consciously choose to exercise it, mediators inevitably use their influence at every point of the intervention. This is neither good nor bad; rather, it is a necessary consequence of the structure of the intervenor's role in conflict resolution. What mediators can choose is whether to exercise this power in a deliberate way and with a specific purpose. A n awareness of the ways in which power impacts negotiation and mediation is crucial to the conflict resolver. In order to help parties reach a settlement, the intervenor must understand the nature of power as it is C. W. Moore fed.). Practical Shnk-g& for the Phases of Mediation.

Conflict Resolution Quarterly, 1985

Conflict Resolution Quarterly, 1989

Fam. LQ, 1986

In 1985, the Center for Dispute Resolution (CDR) located in Denver, Colorado, began to mediate ch... more In 1985, the Center for Dispute Resolution (CDR) located in Denver, Colorado, began to mediate child protection cases. In this novel project, trained mediators assisted parents and caseworkers to negotiate their differences in cases involving alleged child abuse or neglect. The goal ...

American Journal of Sociology, 1976

This Masthead is brought to you for free and open access by the Journals at Marquette Law Scholar... more This Masthead is brought to you for free and open access by the Journals at Marquette Law Scholarly Commons. It has been accepted for inclusion in Marquette Law Review by an authorized administrator of Marquette Law Scholarly Commons. For more information, please contact megan.obrien@marquette.edu. ... Repository Citation Marquette University Law School, Volume 95, Spring 2012 Masthead, 95 Marq. L. Rev. (2012). Available at: http://scholarship.law.marquette .edu/mulr/vol95/iss3/1 ... THE FUTURE OF COURT ADR: MEDIATION AND BEYOND

Marquette Law Review, 2012

This Article is brought to you for free and open access by the Journals at Marquette Law Scholarl... more This Article is brought to you for free and open access by the Journals at Marquette Law Scholarly Commons. It has been accepted for inclusion in Marquette Law Review by an authorized administrator of Marquette Law Scholarly Commons. For more information, please contact megan. obrien@ marquette. edu.

ohn Wiley & Sons, Inc., 2022, 2022

Racism, oppression, global warming-our world seems to be mired in complex, intractable issues wit... more Racism, oppression, global warming-our world seems to be mired in complex, intractable issues with no clear way forward. But maybe we are looking for a light at the end of the wrong tunnel? We may be looking to resolve our differences and find solutions to our problems too quickly, when instead we need to deepen and intensify our conflicts and prepare for an extended effort to confront the systems that have created and perpetuated them.

This book address how those interested in social justice can approach the necessary conflicts that we must engage in and sustain to bring about significant change. We address this challenge from the perspective of practitioners and students of conflict but also, as lifelong participants in social change efforts. The book is a guide to conflict engagement for non-violent social change.