Towards A Four Tiered Model Of Mediation

Author : Hugo Luz dos Santos
Publisher : Springer Nature
Page : 222 pages
File Size : 50,5 Mb
Release : 2023-02-13
Category : Law
ISBN : 9789811994296

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Towards a Four-Tiered Model of Mediation by Hugo Luz dos Santos Pdf

Underpinned by a hybrid methodology (ranging from social sciences to human sciences), this book parses mediation in four perspectives, which stands as an unparalleled methodological approach so far. Mediation has long been tethered to piecemeal and haphazard approaches, which have flatly failed to capture the gist of the uniqueness of this (often) poorly latched on (and poorly understood) dispute resolution mechanism. This book argues that, in order to fully grasp the richness of such dispute resolution mechanism, mediation must be parsed in four tiers. The first tier is the social dynamics of mediation. The second tier is the cultural dynamics of mediation. The third tier is the legal dynamics of mediation. The fourth tier is the cross-border and cross-cultural dynamics of mediation. Taken together, the four tiers that premise the four-tiered model of mediation seek to unlock the finding in view of which law and social reality are tightly interlocked. In this vein, it is the underlying social reality of a given jurisdiction that should dictate the design of a pre-suit court-connected mandatory mediation with an easy opt-out, a central claim of both social dynamics of mediation (the first tier of the four-tiered model of mediation) and legal dynamics of mediation (the third tier of the four-tiered model of mediation).

Author : Shen Wei
Publisher : Springer Nature
Page : 255 pages
File Size : 47,5 Mb
Release : 2024-06-23
Category : Electronic
ISBN : 9789819721832

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International Investment Law at the Juncture by Shen Wei Pdf

Author : Marian Roberts
Publisher : Jessica Kingsley Publishers
Page : 256 pages
File Size : 41,9 Mb
Release : 2007
Category : Law
ISBN : 9781843103233

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Developing the Craft of Mediation by Marian Roberts Pdf

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 : Suzanne McCorkle,Melanie J. Reese
Publisher : SAGE Publications
Page : 368 pages
File Size : 51,8 Mb
Release : 2014-04-21
Category : Language Arts & Disciplines
ISBN : 9781483316116

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Mediation Theory and Practice by Suzanne McCorkle,Melanie J. Reese Pdf

Blending theory and research with practical application, Mediation Theory and Practice, Second Edition, by Suzanne McCorkle and Melanie J. Reese, provides a thorough introduction to today’s ever expanding world of mediation, including updated research and new cases for analysis. Innovative yet practical, research-based yet readable, the book provides an overview of the basic principles of mediation in a variety of contexts to help readers understand mediation and its role in today’s society. Throughout the book, the authors help readers develop foundational mediation skills, including issue identification, setting the agenda for negotiation, problem solving, settlement, and closure. Case studies and examples in every chapter, plus an appendix of role-playing scenarios, make this book ideal book for both college courses and certification training programs.

Author : Jennifer L. Schulz
Publisher : Routledge
Page : 161 pages
File Size : 44,7 Mb
Release : 2020-03-09
Category : Law
ISBN : 9780429602047

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Mediation & Popular Culture by Jennifer L. Schulz Pdf

This book examines mediation topics such as impartiality, self-determination and fair outcomes through popular culture lenses. Popular television shows and award-winning films are used as illustrative examples to illuminate under-represented mediation topics such as feelings and expert intuition, conflicts of interest and repeat business, and deception and caucusing. The author also employs research from Australia, Belgium, Canada, China, Denmark, France, Germany, Greece, India, Israel, Japan, the Netherlands, New Zealand, Singapore, South Africa, Spain, the United Kingdom and the United States of America to demonstrate that real and reel mediation may have more in common than we think. How mediation is imagined in popular culture, compared to how professors teach it and how mediators practise it, provides important affective, ethical, legal, personal and pedagogical insights relevant for mediators, lawyers, professors and students, and may even help develop mediator identity.

Author : Joaquim Filipe,José Cordeiro,Jorge Cardoso
Publisher : Springer Science & Business Media
Page : 388 pages
File Size : 55,9 Mb
Release : 2008-10-20
Category : Business & Economics
ISBN : 9783540887102

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Enterprise Information Systems by Joaquim Filipe,José Cordeiro,Jorge Cardoso Pdf

This book contains the best papers of the 9th International Conference on Enterprise Information Systems (ICEIS 2007), held in the city of Funchal, Madeira (Portugal), organized by the Institute for Systems and Technologies of Information, Control and Communication (INSTICC) and the University of Madeira, in collaboration with ACM/SIGMIS and AAAI. Furthermore, the conference was sponsored by the Por- guese Foundation for Science and Technology (FCT). ICEIS has become a major point of contact between research scientists, engineers and practitioners in the area of business applications of information systems. This year, five simultaneous tracks were held, covering different aspects related to ent- prise computing, including: “Databases and Information Systems Integration,” “Arti- cial Intelligence and Decision Support Systems,” “Information Systems Analysis and Specification,” “Software Agents and Internet Computing” and “Human–Computer Interaction”. All tracks focused on real-world applications and highlighted benefits of information systems and technology for industry and services, thus making a bridge between academia and enterprise. Following the success of 2006, ICEIS 2007 received 644 paper submissions from more than 40 countries. In all, 72 papers were published and presented as full papers, i.e., completed work (8 pages in proceedings / 30-min oral presentations), 198 papers, reflecting work-in-progress or position papers, were accepted for short presentation and another 131 for poster presentation.

Author : John W. Keltner
Publisher : Unknown
Page : 92 pages
File Size : 41,8 Mb
Release : 1987
Category : Law
ISBN : UIUC:30112056081596

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Mediation by John W. Keltner Pdf

Because the intervention of a neutral third party is currently gaining favor as an alternative form of dispute resolution, this book explores the process of mediation in the context of managing struggle and examines some of the characteristics of mediators, their training and ethics, and the techniques and skills of good mediation. The theory section of the book contains three chapters dealing respectively with basic concepts and contexts, origins and development of mediation, and the mediator. The chapters in the section on practice are as follows: (1) "The Mediator in Action"; (2) "Phases in the Mediation Process"; (3) "Mediator Behaviors: Relationships, Processes, and Strategies"; (4) "Power and the Mediator"; (5) "You Are the Mediator: a Summary of Suggestions"; and (6)"Helping the Parties Use Mediation." The five appendixes include simulated cases for mediation, mediation analysis and evaluation forms, special exercises for mediators-to-be, a section on special projects, and a sample agreement between parties coming to mediation. Eighty-one references are included. (Skc).

Author : Anselmo Reyes,Weixia Gu
Publisher : Cambridge University Press
Page : 545 pages
File Size : 42,8 Mb
Release : 2021-12-16
Category : Law
ISBN : 9781108490603

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Multi-Tier Approaches to the Resolution of International Disputes by Anselmo Reyes,Weixia Gu Pdf

Provides a comprehensive global survey on multi-tier dispute resolution, examining its trends, its strengths and weaknesses, and the way forward.

Author : E. Mark Cummings,Christine E. Merrilees,Laura K. Taylor,Christina F. Mondi
Publisher : Springer
Page : 115 pages
File Size : 47,6 Mb
Release : 2017-03-15
Category : Psychology
ISBN : 9783319515830

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Political Violence, Armed Conflict, and Youth Adjustment by E. Mark Cummings,Christine E. Merrilees,Laura K. Taylor,Christina F. Mondi Pdf

This book reviews and critiques the growing literature on youth development under conditions of political violence and armed conflict. It presents a robust framework, based in developmental psychopathology, for evaluating current research on this topic for strength of design, methodology, and documentation. Cross-sectional and longitudinal studies from diverse regions and conflicts as well as across disciplines examine risks and challenges as well as resilience and coping as youth develop in unstable and threatening environments. In addition, this book provides strategies for designing and implementing prevention and intervention programs as well as further opportunities for expanding applied research for youth exposed to political violence and armed conflict. Topics featured in this book include: Analysis of major research on youths’ normative and pathological development during political violence and war. Guidelines for assessing research studies on the impact of political violence and armed conflict on youth. The effects of social ecology factors (e.g., family, school, and community) on youth functioning. Post-traumatic stress disorder. Trauma-Focused Cognitive-Behavioral Therapy. Political Violence, Armed Conflict, and Youth Adjustment is a must-have resource for researchers, professors, clinicians/professionals, and graduate students in the fields of child and school psychology, family studies, and public health as well as developmental psychology, child and adolescent psychiatry, political science, anthropology, social and peace psychology, sociology, and ethnic studies.

Author : Stephanie P. Stobbe
Publisher : Lexington Books
Page : 285 pages
File Size : 41,8 Mb
Release : 2020-07-06
Category : Political Science
ISBN : 9781498566445

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Conflict Resolution in Asia by Stephanie P. Stobbe Pdf

Conflict Resolution in Asia: Mediation and Other Cultural Models is an exploration of human interaction, conflict, and conflict resolution in the incredibly diverse region that consists of South, East, and Southeast Asia. It examines how traditional, indigenous, and culturally based conflict resolution processes interact with more formal legal systems to build infrastructures that address conflicts at the interpersonal to international levels in ways that maintain social harmony. This book provides insight into situations where unique cultures come together to create a larger cultural identity, and how constructive and appropriate conflict resolution systems can work every day to establish positive relationships and overall peace in these complex communities. It demonstrates the importance of culture in addressing conflict and conflict resolution, and validates the significance of culturally appropriate processes in building and sustaining peace. From Southeast Asia, a survey of Indonesia, Laos, Philippines, Thailand, Singapore, and Vietnam highlights their rich cultures and conflict resolution processes. From East Asia, Mainland China and Hong Kong show the history of traditional models and the incorporation of mediation within a more formal legal system. Finally, a section on South Asia examines customary methods of dispute resolution working alongside a judiciary structure in India. These nine countries represent very different cultural groups with complex national histories, and varying degrees of influence from Western powers. Using select Asian nations as case studies of conflict resolution systems, this edited book examines the power of mediation and other cultural conflict resolution models as a tool for addressing conflicts and social justice.

Author : John Winslade,Gerald D. Monk
Publisher : John Wiley & Sons
Page : 293 pages
File Size : 50,7 Mb
Release : 2000-01-28
Category : Psychology
ISBN : 9780787941925

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Narrative Mediation by John Winslade,Gerald D. Monk Pdf

In this groundbreaking book, John Winslade and Gerald Monk -- leaders in the narrative therapy movement-introduce an innovative conflict resolution paradigm that is a revolutionary departure from the traditional problem-solving, interest-based model of resolving disputes. The narrative mediation approach encourages the conflicting parties to tell their personal "story" of the conflict and reach resolution through a profound understanding of the context of their individual stories. The authors map out the theoretical foundations of this new approach to conflict resolution and show how to apply specific techniques for the practical application of narrative mediation to a wide-variety of conflict situations.

Author : Suzanne McCorkle,Melanie Reese
Publisher : Unknown
Page : 254 pages
File Size : 46,8 Mb
Release : 2019
Category : Mediation
ISBN : 1071800728

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Mediation Theory and Practice by Suzanne McCorkle,Melanie Reese Pdf

New to the Third Edition: Expanded content on the role of evaluative mediation reflects the latest changes to the alternative dispute resolution field, helping students to distinguish between various approaches to mediation. Additional discussions around careers in conflict management familiarize students with employment opportunities for mediators, standards of professional conduct, and professional mediator competencies. New activities and case studies throughout each chapter assist students in developing their mediation competency. KEY FEATURES: The Balanced Mediation Model is used throughout as the philosophical approach and integrating model. Examples and case studies in every chapter illustrate key concepts and practices. The benefits of mediation training in everyday life, as well as career opportunities for mediators, are covered in Chapter 11. Chapter-ending discussion questions provide readers with opportunities to explore the intricacies of the theoretical discussions and to draw insights about the mediation process. Full role-play practice cases are provided in an Appendix.

Author : da Rocha, José Pascal
Publisher : IGI Global
Page : 246 pages
File Size : 54,9 Mb
Release : 2018-02-02
Category : Law
ISBN : 9781522551195

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Political Mediation in Modern Conflict Resolution: Emerging Research and Opportunities by da Rocha, José Pascal Pdf

Throughout history, there has been conflict and the clashing of ideas. Although this has assisted in creating political and societal structures, it has also led to civil unrest, cases of severe discord, and war. Political Mediation in Modern Conflict Resolution: Emerging Research and Opportunities is a critical scholarly resource that examines the pursuit of peace in global civil war and conflict through the use of mediation. Featuring coverage on a broad range of topics, such as intercultural communication, social psychology, and conflict theory, this publication is geared towards academicians, students, and researchers seeking relevant and current research on governmental approaches to pursuing peace in instances of conflict and strife.

Author : Joel Lee,Marcus Tao Shien Lim
Publisher : World Scientific
Page : 184 pages
File Size : 44,8 Mb
Release : 2019-07-29
Category : Law
ISBN : 9789811209130

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Contemporary Issues In Mediation - Volume 4 by Joel Lee,Marcus Tao Shien Lim Pdf

What do nudges and choice architecture have to do with encouraging mediation?What should one consider when drafting enforceable mediation clauses?Does negotiating with children hold the secret to becoming better mediators?The signing of the Singapore Convention on 7 August 2019 heralds a new milestone in mediation. Contemporary Issues in Mediation Volume 4 examines the draft Convention of International Settlement Agreements resulting from mediation and provides some answers to guide the drafting of enforceable mediation clauses. Practitioners would be especially interested in the new section 'Mediation Obligations and Ethics', featuring discussions on mediator's neutrality and confidentiality, as well as a mediation advocate's ethical duty of honesty. A traditionally well-received category 'Mediation Skills' is also expanded with new entries, with one essay on crisis negotiation skills and another that examines how learning from children can help mediators better deal with emotions or difficult parties. Socially conscious readers will no doubt enjoy the research and views presented on an increasingly popular topic, how gender roles shape the power balance in family mediation. As the world heads into a new era with mediation given prominence on the global stage, the valuable insights in this edition will undoubtedly equip you with the necessary knowledge to navigate this space.

Author : Peter Fenn
Publisher : Routledge
Page : 171 pages
File Size : 53,5 Mb
Release : 2012-06-25
Category : Technology & Engineering
ISBN : 9781136974922

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Commercial Conflict Management and Dispute Resolution by Peter Fenn Pdf

Commerce is inherently complex and the sums of money involved can be astronomical, so it is no surprise that conflicts and disputes are all too common. There are numerous techniques designed to resolve these problems, and this book summarizes the most important of these, as well as alternative dispute resolution methods. The reader seeking a deeper understanding of these procedures will also find clear explanations of the principles and methods for conflict management, such as negotiation, risk management, mediation and conciliation. As well as outlining these different techniques, guidance on which approach is appropriate in common situations is also given, helping the reader apply what they have learned to the real world. The significance of cultural issues is explained, before the reader is presented with suggestions for how to take these into account. Throughout, the book is illustrated with case studies from examples as diverse as Mumbai's DabbaWalla, The First World War and Terminal 5 at London Heathrow. Written with undergraduate students in mind, this book also serves to give a neat and brief overview for professionals. Those studying or working in commerce generally, construction project management, construction management, and construction law will find this to be an invaluable book.