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Essays on Mediation

Author: Ian Macduff

Publisher: Kluwer Law International B.V.

Published: 2016-09-16

Total Pages: 314

ISBN-13: 9041183671

Across a range of jurisdictions, in differing legal systems, mediation is achieving evergreater institutional and statutory force, and what not long ago was a marginal technique for dispute resolution is becoming mainstream and orthodox. But how firm a sense do we have about the social formation we call ‘mediation’? Through reflections and case histories, this distinctive collection of essays by experienced mediators from across the globe provides a clearer understanding than we have had heretofore of what mediation is and what it can offer as a practical, accessible and positive alternative in civil justice systems. The authors each address ways mediation has been or can be applied to dispute resolution in such pressing contexts as the following: • enduring and intense conflicts; • planning and environmental issues; • conflicts arising between refugee and ‘host’ communities; • elder care; • intercultural settings; • online communication; • science-based disputes; and • public policy disputes. The questions raised as to access to justice, identifying unmet needs, improving the provision of services, and fostering an ongoing conversation on mediation go well beyond the confines of commercial dispute resolution and the walls of courtrooms. Through the practical experiences described, useful and insightful perspectives emerge on the practice, principles and legitimacy of mediation. These invaluable reports and reflections on the powerful resources that mediation and mediators can bring to the table will be welcomed by a diversity of legal practitioners and jurists as well as academics.

Ripples from Peace Lake

Author: Eric R. Galton

Publisher: Trafford Publishing

Published: 2004

Total Pages: 194

ISBN-13: 1412046386

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Ripples from Peace Lake: Essays for Mediators and Peacemakers is a collection of short essay designed to inspire, teach and enlighten mediators, peacemakers and anyone involved in conflict resolution. Essays include trust building, apology and forgiveness, the art of mediation, private caucus techniques, patience and a variety of topics intended to improve the skills of mediators and conflict resolution professionals. The book may also be used as a primary or secondary textbook for classes on mediation or conflict resolution. Ripples will evoke the passion of people who work in the field of conflict resolution and is the perfect gift for those who work in any form of peacemaking. REVIEWS Ripples from Peace Lake is a message of love and hope to all of us, from one of us. This is a book about art, jazz musicians, bartenders and chefs. It is practical and it is thought provoking. Transparent and honest. Magical and sobering. Read beneath the surface and you will re-discover qualities in yourself and in the power of the mediation process that will make your next case your best work to date. -Tracy Allen, Co-chair of the Mediation Section of the ABA Section of Dispute Resolution and the President-Elect of the International Academy of Mediators. Ripples from Peace Lake, Eric Galton's new book, is a must-read for any practicing mediator. Galton explores nuts and bolts issues of mediation practice in an enlightening, entertaining and thoughtful way. Perhaps even more important, he exposes the heart and soul of the mediation process. -Lela Love, Professor of Law and the Director of the Kukin Program for Conflict Resolution and the Cardozo Mediation Clinic, Benjamin Cardozo School of Law.

Theory and Practice of International Mediation

Author: Jacob Bercovitch

Publisher: Routledge

Published: 2011-01-05

Total Pages: 303

ISBN-13: 1136827137

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This volume brings together some of the most significant papers on international conflict mediation by Professor Jacob Bercovitch, one of the leading scholars in the field. It has become common practice to note that mediation has been, and remains, one of the most important structures of dealing with and resolving social conflicts. Irrespective of the level of political or social organization, of their location in time and space, and of the political sophistication of a society, mediation has always been there to help deal with conflicts. As a method of conflict management, the practice of settling disputes through intermediaries has had a rich history in all cultures, both Western and non-Western. In some non-Western countries (especially in the Middle East and China) mediation has been the most important and enduring structure of conflict resolution. Jacob Bercovitch has been at the forefront of developments in international conflict mediation for more than 25 years, and is generally recognized as one of the most important scholars in the field. His theoretical and empirical analyses have come to define the parameters in the study of mediation. This volume will help scholars and practitioners trace the history of the field, its position today and its future and will be of much interest to all students of mediation, negotiation, conflict management, international security and international relations in general.

Romantic Adaptations

Author: Dr Caroline Ruddell

Publisher: Ashgate Publishing, Ltd.

Published: 2013-11-28

Total Pages: 287

ISBN-13: 1472414128

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How did romanticism define its relationship with its sources? How has romanticism since been understood and misunderstood across a range of cultural activities? These are among the questions taken up in this reexamination of the place of adaptation within romanticism. Renegotiating the cultural topography of the period and the place of romanticism in subsequent cultural history, the volume focuses on the adaptation of source material by romantic writers and the adaptation in subsequent periods of the tropes and ideologies associated with romanticism. In place of a hierarchical distinction between source and text, between ‘romanticism’ and its contexts, the collection identifies distinct but overlapping and mutually constitutive genres such as the Gothic and romance. Whether their essays deal with early nineteenth-century periodical reviews, affordable editions of Pride and Prejudice aimed at the late nineteenth-century mass audience, or the ongoing cultural presence of romanticism in late twentieth- and early twenty-first-century debates about embryology and stem cell research, the contributors remain cognizant of the tension between the processes of adaptation and the apparent ideology of romantic originality.

Contemporary Issues in Mediation

Author: Joel Lee

Publisher: World Scientific

Published: 2016-07-21

Total Pages: 168

ISBN-13: 981310838X

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Is the need for a power balance still necessary for mediation in the Singapore context? In an increasingly digitised world, what challenges are there for online mediation? Is the distinction between facilitative and evaluative mediation still relevant? These questions, and more, are explored in Contemporary Issues in Mediation, the first ever compilation of essays on mediation topics and issues by top mediation students. Carefully selected and edited by leaders in the mediation and negotiation field Associate Professor Joel Lee from the National University of Singapore Faculty of Law, and Marcus Lim, Executive Director of the Singapore International Mediation Institute, this book is not only a unique addition to local mediation literature but also the first in a new annual series. Contents:Could Power Imbalance Be Power in Balance? Looking at Power Imbalances through a Singaporean Cultural Lens (Ng Wan Qing)Mediation Advocacy: Doing Good, Doing Right, and Doing Well (Valencia Soh Ywee Xian)The Facilitative-Evaluative Divide: Have We Lost Sight of What's Important? (Javier Yeo)Mediating the ASEAN Way: An ASEAN Perspective on Mediation (Jaime Lye)Faces of Singapore & Mediation (Joey Lim Yue Tow)Manipulation in Mediation (Koh Zhen Yang)The SIAC-SIMC Arb-Med-Arb Protocol: Enforcing International Commercial Mediated Settlement Argeements (MSAs) through the New York Convention (Chng Teck Kian Desmond)Shall We Medi@? (Phua Jun Han)Good Faith Participation in Mediation (Chan Min Hui)Bridging the Concepts of Neutrality and Power Imbalance (Tan Ting Wei Kelly) Readership: Students, researchers, and general readers who are interested in the current theories and applications of mediation concepts and practices, especially in the Singapore context.

Excommunication

Author: Alexander R. Galloway

Publisher: University of Chicago Press

Published: 2013-12-06

Total Pages: 217

ISBN-13: 0226925234

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Always connect—that is the imperative of today’s media. But what about those moments when media cease to function properly, when messages go beyond the sender and receiver to become excluded from the world of communication itself—those messages that state: “There will be no more messages”? In this book, Alexander R. Galloway, Eugene Thacker, and McKenzie Wark turn our usual understanding of media and mediation on its head by arguing that these moments reveal the ways the impossibility of communication is integral to communication itself—instances they call excommunication. In three linked essays, Excommunication pursues this elusive topic by looking at mediation in the face of banishment, exclusion, and heresy, and by contemplating the possibilities of communication with the great beyond. First, Galloway proposes an original theory of mediation based on classical literature and philosophy, using Hermes, Iris, and the Furies to map out three of the most prevalent modes of mediation today—mediation as exchange, as illumination, and as network. Then, Thacker goes boldly beyond Galloway’s classification scheme by examining the concept of excommunication through the secret link between the modern horror genre and medieval mysticism. Charting a trajectory of examples from H. P. Lovecraft to Meister Eckhart, Thacker explores those instances when one communicates or connects with the inaccessible, dubbing such modes of mediation “haunted” or “weird” to underscore their inaccessibility. Finally, Wark evokes the poetics of the infuriated swarm as a queer politics of heresy that deviates from both media theory and the traditional left. He posits a critical theory that celebrates heresy and that is distinct from those that now venerate Saint Paul. Reexamining commonplace definitions of media, mediation, and communication, Excommunication offers a glimpse into the realm of the nonhuman to find a theory of mediation adequate to our present condition.

International Conflict Mediation

Author: Jacob Bercovitch

Publisher: Routledge

Published: 2008-12-10

Total Pages: 330

ISBN-13: 1134054157

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This book examines how new empirical approaches to mediation can shed fresh light on the effectiveness of different patterns of conflict management, and offers guidelines on the process of international mediation. International conflict mediation has become one of, if not the most prominent and important conflict resolution methods of the early 21st century. This book argues that traditional approaches to mediation have been inadequate, and that in order to really understand how the process of international mediation works, studies need to operate within an explicit theoretical framework, adopt systematic empirical approaches and use a diversity of methods to identify critical interactions, contexts and relationships. This volume captures recent important changes in the field of international conflict mediation, and includes essays by leading scholars on a variety of critical aspects of conflict management, using state of the art analytical tools and up to date data. This book will of great interest to scholars of peace and conflict studies, methods in social science, and of International Relations in general.

International Mediation

Author: Jacob Bercovitch

Publisher:

Published: 1991

Total Pages: 125

ISBN-13: 9780803985391

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Expressing a variety of perspectives and ideas, this volume of essays on mediation features material on mediator behaviour and consultation. Specific case studies describe mediation in the Middle East and Central America, and one essay focuses on the mediation role of the United Nations.

Conflict Resolution

Author: Daniel Dana

Publisher: McGraw Hill Professional

Published: 2001-01-03

Total Pages: 169

ISBN-13: 0071399674

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Successful management depends on the ability to quickly and effectively manage conflicts. Conflict Resolution includes hands-on information for effectively communicating with employees, disciplining and even terminating employees, understanding and using organizational politics, and more.

The Mediator's Handbook

Author: Jennifer Beer

Publisher: New Society Publishers

Published: 2012-11-13

Total Pages: 210

ISBN-13: 0865717222

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A standard model for effective mediation and conflict resolution, now in an updated fourth edition, can be used in diverse environments. Original.