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Author : George W. Adams
Publisher : Unknown
Page : 527 pages
File Size : 52,5 Mb
Release : 2011
Category : Dispute resolution (Law)
ISBN : 1554963214
Author : George C. Pavlich
Publisher : Routledge
Page : 224 pages
File Size : 54,8 Mb
Release : 2002-09-11
Category : Social Science
ISBN : 9781134829606
Suppose you have a dispute with your neighbour, and wish to secure redress for losses incurred. How might the issue be resolved? Is it worth the cost and time delay to take the issue to court? Or is there some other approach? Over the past few decades a range of alternative, dispute resolution programmes have emerged to settle conflicts informally, outside the courtroom. Drawing on real life experiences of community mediation practices in British Columbia, Canada, the author explores informal justice as an event rendered possible by the fragmentation of justice under postmodern conditions. He develops some of Foucault's ideas on governmentality to erect an analytical framework that does not view community mediation as necessarily empowering, or an inevitable expansion of state control. The analysis identifies how one might engage with current versions of community justice and yet avoid the political apathy that too often accompanies such criticism.
Author : Anonim
Publisher : Unknown
Page : 128 pages
File Size : 42,5 Mb
Release : 2010
Category : Electronic
ISBN : 155367992X
Author : Shahla F. Ali
Publisher : Edward Elgar Publishing
Page : 296 pages
File Size : 55,7 Mb
Release : 2018-03-30
Category : Law
ISBN : 9781786435866
As judiciaries advance, exploring how court mediation programs can provide opportunities for party-directed reconciliation whilst ensuring access to formal legal channels requires careful investigation. Court Mediation Reform explores comparative empirical findings in order to examine the association between court mediation structure and perceptions of justice, efficiency and confidence in courts.
Author : Andrew Woolford,R.S. Ratner
Publisher : Routledge
Page : 159 pages
File Size : 52,5 Mb
Release : 2008-01-15
Category : Law
ISBN : 9781134087129
Informal Reckonings is a critical examination of mediation, restorative justice and reparations and how they reinforce yet potentially transform the formal justice system.
Author : Mary Anne Noone,Lola Akin Ojelabi,Lynn Buchanan
Publisher : Unknown
Page : 160 pages
File Size : 52,5 Mb
Release : 2018-07-30
Category : Justice
ISBN : 0455501017
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.
Author : Karl Härter,Carolin F. Hillemanns,Günther Schlee
Publisher : Berghahn Books
Page : 238 pages
File Size : 47,5 Mb
Release : 2020-09-09
Category : Business & Economics
ISBN : 9781789208702
Exploring mediation and related practices of conflict regulation, this book takes an interdisciplinary approach that includes historical, legal, anthropological and international perspectives. Divided into three sections, the volume observes historical and current relations between mediation and the criminal justice system and provides anthropological perspectives and case studies to explore mediation and arbitration in international arenas. In this regard, the book provides an innovative perspective on mediation and new insights into conflict regulation.
Author : Sally Engle Merry,Neal A. Milner,Neil Milner
Publisher : University of Michigan Press
Page : 508 pages
File Size : 50,9 Mb
Release : 1995-05-18
Category : Law
ISBN : 0472083449
DIVCan popular justice ever be a real alternative to the violence and coercion of state law? /div
Author : Mark S. Umbreit
Publisher : Wipf and Stock Publishers
Page : 305 pages
File Size : 43,5 Mb
Release : 2006-08-01
Category : Social Science
ISBN : 9781597528375
Conflict is a normal and predictable part of life. How we respond to it, however, determines whether or not the conflict will be destructive. 'Mediating Interpersonal Conflicts' is an up-to-date presentation showing how the techniques of negotiation and mediation can be applied in resolving a wide range of conflicts in families, communities, schools, and workplaces. Dr. Umbreit not only clearly outlines the communication, negotiation, and mediation skills involved in effective resolution of interpersonal conflict, he moves the reader beyond the mechanics of mediation to what he calls a journey of the heart through a humanistic mediation model that addresses the emotional context of the conflict.
Author : EUFORUMRJ
Publisher : Leuven University Press
Page : 384 pages
File Size : 52,5 Mb
Release : 2000-06-21
Category : Social Science
ISBN : 9789058670359
This publication is an initiative of the European Forum for Victim-Offender Mediation and Restorative Justice, and results from its first conference which was held in Leuven, Belgium, from 27-29 October 1999. The first six chapters consider victim-offender mediation and restorative justice from a more theoretical point of view. These analyses of theoretical, legal, policy, ethical and societal aspects of mediation and restorative justice have been written by well-known scholars in this field. The second part of the book consists of overviews of the situation with regard to victim-offender mediation in the eight European countries in which it is currently the most developed (Austria, Belgium, Finland, France, Germany, Norway, Poland and the United Kingdom). For these last chapters, a multitude of information was collected in each of these countries, and this is presented and analysed comparatively. The following topics are discussed for each of the countries: the history of victim-offender mediation in that particular country, the legal context, policy and implementation, the number of programmes and the way they function, the practice of mediation, the number and characteristics of cases, evaluation and research, and finally challenges, obstacles and expectations for the future. This is probably the first time that such extensive reports on the practice of victim-offender mediation in Europe have been brought together in this way. In publishing this book the European Forum is seeking to contribute to the realisation of one of its objectives, namely providing people all over Europe - and beyond - with information on victim-offender mediation and restorative justice in other countries. Restorative justice is a relatively new field and is still very much evolving. A full exchange of information and ideas will contribute to this process.
Author : Marian Roberts
Publisher : Jessica Kingsley Publishers
Page : 256 pages
File Size : 46,7 Mb
Release : 2007
Category : Law
ISBN : 9781843103233
This book draws on the concrete knowledge and practice experience of leading mediators, working in a variety of fields, to inform contemporary debates and challenges. These practitioners reflect on the excitement, complexity and satisfaction of their work as well as on the differences and commonalities across diverse fields of mediation practice.
Author : Cheryl A. Picard
Publisher : Dundurn
Page : 170 pages
File Size : 46,7 Mb
Release : 2002-09-01
Category : Social Science
ISBN : 9781459727731
A guide to the theory and practice of mediation. It sets out a systematic approach to the use of mediation and to assuming the role of mediator.
Author : Anna Nylund,Kaijus Ervasti,Lin Adrian
Publisher : Springer
Page : 269 pages
File Size : 55,7 Mb
Release : 2018-04-03
Category : Law
ISBN : 9783319730196
This open access book presents twelve unique studies on mediation from researchers in Denmark, Finland, Norway and Sweden, respectively. Each study highlights important aspects of mediation, including the role of children in family mediation, the evolution and ambivalent application of restorative justice in the Nordic countries, the confusion of roles in court-connected mediation, and the challenges in dispute systems. Over the past 20-30 years, mediation has gained in popularity in many countries around the world and is often heralded as a suitable and cost-effective mode of conflict resolution. However, as the studies in this volumes show, mediation also has a number of potential drawbacks. Parties’ self-determination may be jeopardized, affected third parties are involved in an inadequate way, and the legal regulations may be flawed. The publication can inspire research, help professionals and policymakers in the field and be used as a textbook.
Author : Martin Wright,Burt Galaway
Publisher : Sage Publications (CA)
Page : 296 pages
File Size : 52,6 Mb
Release : 1989
Category : Community-based corrections
ISBN : UOM:39076001038038
The last decade has seen the growth of mediation as an alternative to existing forms of resolution of the criminal justice process. The rise of mediation has been inspired by varied motives: to give victims better outcomes; to relieve the pressures on the courts; to offer courts new ways of resolving disputes; and to restore justice to the community outside the criminal justice system. To what extent can mediation schemes achieve the aims of their exponents? Wright and Galaway assess the international experiences of mediation in theory and in practice. A team of researchers and practitioners draw together experiences in North America, Western Europe and Japan, and examine the extent to which different forms of mediation have succeeded in their aims. They address key problems such as how far it has extended the reach of the criminal justice system. As a major international assessment of the progress of mediation, this book will be essential reading for researchers and lecturers in criminology, social work and law as well as for all concerned with the rights of victims and offenders and with the criminal justice system. "The articles are consistently well written and provide a great breadth of information about the developments in the field." --The Alternative Newsletter "Although mediation of civil disputes has become a growth industry over the past decade, extending the concept into the criminal field has proved more problematic. This first-of-its-kind collection by a group of well-known scholars and practitioners helps explain why this is so . . . . This volume makes a real contribution to the analysis of criminal justice reform. For upper-level students and faculty members." --Choice"A collection with sufficient detail for anyone interested in mediation." --Times Higher Education Supplement "Wright and Galaway have collected a valuable group of essays relating to the use of mediation in the criminal justice system. . . . The essays are generally excellent. . . . They offer a range of valuable insights into some of the fundamental questions facing the dispute resolution community." --The Alternative Newsletter "Mediation and Criminal Justice, edited by two distinguished criminal justice experts, makes an important contribution: A primary intent of the book is to consider the benefits that can be realized by bringing together victims and offenders who don't know each other, and by emphasizing reparative rather than retributive justice. . . . The book provides a diverse set of perspectives from which to form opinions about the merits and drawbacks of mediation." --Judicature
Author : Penelope McRedmond
Publisher : Taylor & Francis
Page : 252 pages
File Size : 53,5 Mb
Release : 2024-07-22
Category : Law
ISBN : 9781040107263
This book asks why justice is important to both individuals and to society as a whole. A number of justice questions are raised to evaluate whether mediation can deliver social, distributive, procedural, or substantive justice and fairness. Focussing on a scrutiny of mediation in the context of justice, the book covers social justice and justice issues posed by confidentiality, bias, lack of fairness, and Online Dispute Resolution. Discussing whether mediation can truly deliver justice to all, this book identifies areas where this fails and provides solutions and suggestions for improvement.. The dangers of private justice, bias, mandatory mediation, and the side lining of the importance of fairness in the resolution of disputes are all considered. In contrast, the positive aspects of mediation are added to the balance. This book will be of interest to researchers in the field of conflict resolution, law, and social science. Readers will also be found among mediators and people interested in justice and the civil justice system.