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Author: Rachael Field Publisher: Edward Elgar Publishing ISBN: 1786437783 Category : Law Languages : en Pages : 263
Book Description
Traditional ideas of mediator neutrality and impartiality have come under increasing attack in recent decades. There is, however, a lack of consensus on what should replace them. Mediation Ethics offers a response to this question, developing a new theory of mediation that emphasises its nature as a relational process.
Author: Rachael Field Publisher: Edward Elgar Publishing ISBN: 1786437783 Category : Law Languages : en Pages : 263
Book Description
Traditional ideas of mediator neutrality and impartiality have come under increasing attack in recent decades. There is, however, a lack of consensus on what should replace them. Mediation Ethics offers a response to this question, developing a new theory of mediation that emphasises its nature as a relational process.
Author: Joel Lee Publisher: World Scientific ISBN: 9811209138 Category : Law Languages : en Pages : 184
Book Description
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: Bill Eddy Publisher: Unhooked Books ISBN: 9781950057214 Category : Languages : en Pages : 232
Book Description
High conflict mediation requires a paradigm shift from traditional mediation--high conflict experts Bill Eddy and Michael Lomax show you how. Over the past ten years the authors have been developing and practicing tips for managing high conflict clients in mediation, which is now a fully developed new method called New Ways for Mediation(R).Mediating High Conflict Disputes gives all of the little tips which any mediator can use, as well as the step-by-step structure of the New Ways for Mediation method for those who want to have better control of the process in high conflict cases--or any cases. Bill Eddy is primarily a family mediator in San Diego, California, with a worldwide reputation for training mediators, lawyers, judges and counselors in methods for working with clients with "high conflict" personality disorders or traits. Michael Lomax is a mediator dealing with family, workplace, military and government agency disputes in British Columbia, Canada. Both have provided training in this method for High Conflict Institute over the past ten years. This book is divided into three parts: Part 1 provides a thorough explanation of the thinking and behavior of parties with high conflict personalities, with an emphasis on what does not work and should be avoided. Part 2 provides a detailed description of the New Ways for Mediation method, including several paradigm shifts in each step of the process for greater success. Its similarities and differences with interest-based negotiations and transformative mediation methods are explained. Part 3 includes numerous examples describing cases with special issues in several settings, including family, workplace, and disputes involving government agencies.
Author: Hugo Luz dos Santos Publisher: Springer Nature ISBN: 9811994293 Category : Law Languages : en Pages : 222
Book Description
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: Dominic Busch Publisher: Taylor & Francis ISBN: 1000771733 Category : Business & Economics Languages : en Pages : 529
Book Description
Offering unique coverage of an emerging, interdisciplinary area, this comprehensive handbook examines the theoretical underpinnings and emergent conceptions of intercultural mediation in related fields of study. Authored by global experts in fields from intercultural communication and conflict resolution to translation studies, literature, political science, and foreign language teaching, chapters trace the history, development, and present state of approaches to intercultural mediation. The sections in this volume show how the concept of intercultural mediation has been constructed among different fields and shaped by its specific applications in an open cycle of influence. The book parses different philosophical conceptions as well as pragmatic approaches, providing ample grounding in the key perspectives on this growing field of discourse. The Routledge Handbook of Intercultural Mediation is a valuable reference for graduate and postgraduate students studying mediation, conflict resolution, intercultural communication, translation, and psychology, as well as for practitioners and researchers in those fields and beyond.
Author: Luc Boltanski Publisher: Cambridge University Press ISBN: 9780521659536 Category : Philosophy Languages : en Pages : 272
Book Description
Distant Suffering, first published in 1999, examines the moral and political implications for a spectator of the distant suffering of others as presented through the media. What are the morally acceptable responses to the sight of suffering on television, for example, when the viewer cannot act directly to affect the circumstances in which the suffering takes place? Luc Boltanski argues that spectators can actively involve themselves and others by speaking about what they have seen and how they were affected by it. Developing ideas in Adam Smith's moral theory, he examines three rhetorical 'topics' available for the expression of the spectator's response to suffering: the topics of denunciation and of sentiment and the aesthetic topic. The book concludes with a discussion of a 'crisis of pity' in relation to modern forms of humanitarianism. A possible way out of this crisis is suggested which involves an emphasis and focus on present suffering.
Author: Laura Ervo Publisher: Springer Nature ISBN: 3030748510 Category : Law Languages : en Pages : 311
Book Description
This open access book examines whether a distinctly Nordic procedural or court culture exists and what the hallmarks of that culture are. Do Nordic courts and court proceedings share a distinct set of ideas and values that in combination constitute the core of a regional legal culture? How do Europeanisation, privatisation, diversification and digitisation influence courts and court proceedings in the Nordic countries? The book traces the genesis and formation of Nordic courts and justice systems to provide a richer comprehension of contemporary Nordic legal culture, and an understanding of the relationship between legal cultural stability and change. In answering these questions, the book provides models for conceptualising procedural culture. Nordic procedural culture has partly developed organically and is partly also the product of deliberate efforts to maintain a certain level of alignment between the Nordic countries. Studying Nordic cooperation enables us to gain a deeper understanding of current regional, European and global harmonisation processes within procedural law. The influx of supranational European law, increased use of alternative dispute resolution and growth in regulation density that produces a conflict between specialisation and coherence, have tangible impact on the role of courts in a democratic society, the form of court proceedings and court structures. This book examines whether and why some trends exert more tangible, or perhaps simply more perceptible, influence on procedural culture than others.
Author: Dennis M. Weiss Publisher: Lexington Books ISBN: 0739191780 Category : Philosophy Languages : en Pages : 327
Book Description
Though the progress of technology continually pushes life toward virtual existence, the last decade has witnessed a renewed focus on materiality. Design, Mediation, and the Posthuman bears witness to the attention paid byliterary theorists, digital humanists, rhetoricians, philosophers, and designers to the crafted environment, the manner in which artifacts mediate human relations, and the constitution of a world in which the boundary between humans and things has seemingly imploded. The chapters reflect on questions about the extent to which we ought to view humans and nonhuman artifacts as having equal capacity for agency and life, and the ways in which technological mediation challenges the central tenets of humanism and anthropocentrism. Contemporary theories of human-object relations presage the arrival of the posthuman, which is no longer a futuristic or science-fictional concept but rather one descriptive of the present, and indeed, the past. Discussions of the posthuman already have a long history in fields like literary theory, rhetoric, and philosophy, and as advances in design and technology result in increasingly engaging artifacts that mediate more and more aspects of everyday life, it becomes necessary to engage in a systematic, interdisciplinary, critical examination of the intersection of the domains of design, technological mediation, and the posthuman. Thus, this collection brings diverse disciplines together to foster a dialogue on significant technological issues pertinent to philosophy, rhetoric, aesthetics, and science.
Author: Rachael Field
Author: Rachael Field
Author: Joel Lee
Author: Bill Eddy
Author: Hugo Luz dos Santos
Author: Dominic Busch
Author: Luc Boltanski
Author: Laura Ervo
Author: Dennis M. Weiss
Author: Ezzat A. Fattah
Author: Dr. R. Madhumathi