Reframing the Mediation Lens: The Call for a Situational Style of Mediation (original) (raw)
Related papers
Mediation: A Need Of The Hour In The 21 st Century
Anu Books, 2022
A more effective, less formal, and quicker method of resolving disputes is mediation. It also reduces the number of court cases pending by avoiding procedures and enabling a peaceful resolution of the disagreement. Arbitration is developing as a vibrant area of law as more and more people are drawn to this quicker, less demanding, and less expensive way of resolving disputes than the drawn-out, time-consuming, confusing, and expensive court procedures.
2012
Mediation involves helping individuals, businesses, and other entities resolve conflict when they have differing needs, perspectives, belief systems, and personality styles. Even when it is used in conflicts involving corporations, educational institutions, or large family trusts, mediation involves individuals—the people responsible for making the decisions for those organizations. Questions and decisions in mediation are as much about people as they are about problems. Decisions about how much money a spouse should receive in alimony, whether a boss should pay a settlement to an employee about to be fired due to disagreement over company policy, or how to divide a business’ assets and liabili-
Mediation in Progress : Collection of articles performed by participants of the Erasmus+ project "Mediation: Training and Society Transformation” MEDIATS, 2022
This publication contains the academic and practice-oriented articles, which represent achievements in the use, teaching and promotion of mediation in the countries participating in the MEDIATS project (Netherlands, Latvia, Spain, Germany, Georgia, Azerbaijan and Ukraine). The value and uniqueness of this collection of articles is the description of the diversity of approaches to the use of mediation - both legal and managerial backgrounds. The publications are the quintessence of the unique experience of the countries participating in the project, which can be studied and comprehended for the further development of mediation, a culture of conflict resolution, and the organization of dialogues. The collection will be useful to practising mediators, lawyers, attorneys, judges, business owners and managers, as well as students of educational programs in the field of mediation and conflict management.
Interpretation of Mediation as the Method of Expressing the Will of the Parties
Development of Scientific Space in the Context of Global Changes
In the world's changing conditions, alternative conflict resolution methods are becoming more critical. Such procedures usually include mediation, conciliation, negotiations, facilitation, restorative justice, arbitration, etc. But it is mediation that is gaining more and more popularity. A large number of international development programs and grants stimulate mediation development. Today, we should pay more attention to understanding the nature of mediation, its concepts and principles. Mediation has become a widespread method of conflict resolution. The parties choose this procedure as an efficient and quick dispute-resolution mechanism. The term "mediation" only indirectly confirms that it is a way of expressing the parties' will and is based on the autonomy of will. This situation determines the practicality of analysing the term "mediation" to define it as a mechanism of manifestation of will by the parties. Mediation arose as a response to distrust of courts and legal nihilism and as a way to reduce the burden on the judicial system. Its prototype was the usual negotiations of the parties with the involvement of a mediator. Mediation took on its modern form and has evolved from ancient times when it was not yet professional and took a simple form. So, mediation became a descendant of "negotiations". The main difference between mediation and negotiations is the obligatory third party, which directs the dialogue process [1]. National and international legislation enshrined the determination concept of mediation. Also, scientific doctrine detail studied this issue. The content of the term "mediation" does not cause active discussion today. This way is because the understanding of mediation is already fixed and declared. C. Menkel-Meadow defines mediation as a process in which a third party (usually neutral and impartial) facilitates the negotiation of an agreement between the parties without making a formal decision [2, p. 70]. O. Mozhaikina understands mediation as a structured voluntary, confidential procedure for out-of-court dispute settlement (conflict), in which a
Institutionalization of Mediation
Family Court Review, 2005
Mediation has evolved, grown, and been accepted within our society from preschools to doctoral programs and in courts, legislatures, and private industry. The passage of the Uniform Mediation Act, the birth of the Association of Conflict of Resolution, and the involvement of government bodies in the regulation of mediators indicate the importance of the institutionalization of mediation within every aspect of our society. This article focuses on a few of the hot issues currently swirling in the field raising questions for practitioners, researchers, and others involved in shaping access to contlict resolution policy and the future of the mediation profession.