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Ethics and Justice in Mediation

Author: Mary Anne Noone

Publisher:

Published: 2018-07-30

Total Pages: 160

ISBN-13: 9780455501017

Ethics and Justice in Mediation provides guidance for mediators through the ethical and practical challenges that arise in different mediation contexts. Mediation has developed beyond its infancy, and continues to evolve. As it matures, both new benefits and dilemmas emerge from the growing body of mediation experience, and require all mediators, whether new or experienced, to embrace change. There is now a significant focus on the ethical issues arising from the way a mediation is conducted; more specifically, the impact of a mediator's decisions on the parties and on the outcome. Given the sheer diversity of situations that a mediator might face, the challenge of ensuring an ethical process, and a just outcome, is becoming acute. Ethics and Justice in Mediation equips mediators with the skills required to identify the approach best suited to achieving just and ethical outcomes. It outlines the relevant mediation standards and values that apply and demonstrates the different approaches available to mediators to help them ensure balanced outcomes for all parties to a mediation. Guidance is provided by a scenario-based approach in which experienced mediators' responses, to several real-life situations, are shared to highlight the ethical and practical issues that may arise. The authors are experienced mediation specialists, well-qualified to present crucial ethical issues that mediators commonly face - but which have previously received little attention in mediation texts. Presenting six different mediation scenarios, they outline the relevant mediation standards and values applicable to each, enumerate the different approaches that may taken, and how these relate to the standards. Each scenario concludes with suggestions on how to approach the issues identified in the scenarios. By providing these practical suggestions for applying an ethical approach in these situations, it endeavors to ensure that mediations provide just outcomes.

A Guide to Divorce Mediation

Author: Gary J. Friedman

Publisher: Workman Publishing

Published: 1993-01-01

Total Pages: 388

ISBN-13: 9781563052453

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Describes the divorce mediator's unique mix of legal, psychological, and spiritual perspectives and discusses the ground rules and legal ramifications

Mediation Ethics

Author: Ellen Waldman

Publisher: John Wiley & Sons

Published: 2011-03-29

Total Pages: 470

ISBN-13: 0787995886

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Mediation Ethics is a groundbreaking text that offers conflict resolution professionals a much-needed resource for traversing the often disorienting landscape of ethical decision making. Edited by mediation expert Ellen Waldman, the book is filled with illustrative case studies and authoritative commentaries by mediation specialists that offer insight for handling ethical challenges with clarity and deliberateness. Waldman begins with an introductory discussion on mediation's underlying values, its regulatory codes, and emerging models of practice. Subsequent chapters treat ethical dilemmas known to vex even the most experienced practitioner: power imbalance, conflicts of interest, confidentiality, attorney misconduct, cross-cultural conflict, and more. In each chapter, Waldman analyzes the competing values at stake and introduces a challenging case, which is followed by commentaries by leading mediation scholars who discuss how they would handle the case and why. Waldman concludes each chapter with a synthesis that interprets the commentators' points of agreement and explains how different operating premises lead to different visions of what an ethical mediator should do in a given case setting. Evaluative, facilitative, narrative, and transformative mediators are all represented. Together, the commentaries showcase the vast diversity that characterizes the field today and reveal the link between mediator philosophy, method, and process of ethical deliberation. Commentaries by Harold Abramson Phyllis Bernard John Bickerman Melissa Brodrick Dorothy J. Della Noce Dan Dozier Bill Eddy Susan Nauss Exon Gregory Firestone Dwight Golann Art Hinshaw Jeremy Lack Carol B. Liebman Lela P. Love Julie Macfarlane Carrie Menkel-Meadow Bruce E. Meyerson Michael Moffitt Forrest S. Mosten Jacqueline Nolan-Haley Bruce Pardy Charles Pou Mary Radford R. Wayne Thorpe John Winslade Roger Wolf Susan M. Yates

Divorce and Family Mediation

Author: Jay Folberg

Publisher: Guilford Press

Published: 2004-05-12

Total Pages: 616

ISBN-13: 9781593850029

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Building on the success of their groundbreaking 1988 Divorce Mediation, Folberg et al. now present the latest state-of-the-art, comprehensive resource on family and divorce mediation. Paving the way for the field to establish its own distinct discipline and academic tradition, this authoritative volume offers chapters contributed by leading mediation researchers, trainers, and practitioners. Detailed are the theory behind mediation practice, the contemporary social and political context, and practical issues involved in mediating divorce and custody disputes with contemporary families. Authors also address intriguing questions about professional standards and where the field should go from here. A groundbreaking resource, this volume is indispensable for all mental health and legal professionals working with families in transition.

Romantic Mediations

Author: Andrew Burkett

Publisher: State University of New York Press

Published: 2016-09-21

Total Pages: 214

ISBN-13: 1438463286

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Finalist in the 2016 Foreword INDIES Book of the Year Award in the Social Sciences category Romantic Mediations investigates the connections among British Romantic writers, their texts, and the history of major forms of technical media from the turn of the nineteenth century to the present. Opening up the vital new subfield of Romantic media studies through interventions in both media archaeology and contemporary media theory, Andrew Burkett addresses the ways that unconventional techniques and theories of storage and processing media engage with classic texts by William Blake, Lord Byron, John Keats, Mary Wollstonecraft Shelley, and others. Ordered chronologically and structured by four crucial though often overlooked case studies that delve into Romanticism's role in the histories of incipient technical media systems, the book focuses on different examples of the ways that imaginative literature and art of the period become taken up and transformed by—while simultaneously shaping considerably—new media environments and platforms of photography, phonography, moving images, and digital media.

Appellate Mediation

Author: Brendon Ishikawa

Publisher: American Bar Association

Published: 2016

Total Pages: 332

ISBN-13: 9781634253482

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This book on appellate mediation serves as a guide for every appellate judge, lawyer, mediator, professor or student engaged in the practice or study of appellate law.

Mediation

Author: John Michael Haynes

Publisher: State University of New York Press

Published: 2012-02-01

Total Pages: 300

ISBN-13: 0791485749

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This mediation how-to manual brings together the collective wisdom of two of the field's most renowned founders, John Michael Haynes and Larry Sun Fong. The book not only covers a range of mediation cases, but also uniquely provides feedback from the clients as they reflect on the sessions and report on what worked best for them. Beginning with a review of the theoretical underpinnings of the Haynes model of mediation, the book then presents six case studies with each demonstrating one or more of the organizing principles of mediation. The sessions examined reflect the different mediation areas currently being practiced—business, employment, neighborhood, adoption, education, and family. The book goes beyond simply reporting what mediators experience as it shares the insights and motivations of Fong and Haynes. This well-rounded approach includes the exploration of the clients' thoughts, helping readers to incorporate successful organizing principles into their own mediation practices.

Mediation

Author: Freddie Strasser

Publisher: A&C Black

Published: 2004-12-30

Total Pages: 232

ISBN-13: 9780826475039

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This book is about conflict resolution through mediation, from a psychological perspective. Although written in part from the point of view of litigation, the objective is to demonstrate how an appreciation of the psychological aspects of conflict and an understanding of the emotional strategies people adopt in dispute situations can assist both lawyers and non-lawyers in resolving conflicts. The book consists of three sections- a theoretical analysis of conflict and conflict resolution; a practical, legal and experiential explanation of mediation; and thirdly a series of mock mediations, comprehensively analysed from the viewpoint of the mediator and the parties, providing tips and guidance on the dilemmas and pitfalls that mediators encounter. The book is based on three fundamental tenets: that conflict is ever present, and cannot be eliminated but can be worked with; that the attitude and stance of the mediator towards the dispute can be of significance to the outcome; and above all that the use of psychotherapeutic tools can facilitate a paradigm shift in the parties' approach to conflict. The authors demonstrate how the mediator can move parties in dispute from a position of intransigent adversity to a working alliance, and thereby achieve a 'good enough ' resolution.

Mastering Mediation

Author: Lynn Duryee

Publisher:

Published: 2012

Total Pages: 0

ISBN-13: 9780314282996

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What can a mediator do when negotiations stall? How can a mediator help participants reach the finish line? How should a mediator best respond when the parties confess that they are too far apart to settle? Is there anything a mediator can do to help the high-conflict litigant achieve resolution of his emotional case?