Beyond Mediation

This book offers narrative analysis theory as a vehicle to understand indigenous mediation. The conceptual basis for this manuscript is the undisputed urgent need to understand mediation from a conflict transformation perspective highlighting the nexus between indigenous justice, forgiveness and trauma healing. This book is based on the assumptions that local communities have the tools/capabilities that they need to build stable and enduring peaceful co-existence. These capacities have been weakened by the political elite and bankrupt/corrupt leadership approaches that must be rejected through empowerment and rigorous mediation brigades at the local level. The last chapter in the manuscript proposes a research center for indigenous justice, forgiveness and trauma healing in East Africa that will guarantee decades of scholarship and research around this subject in East Africa and beyond.

The article discusses the key takeaways from the IBBI's Expert Committee Report. The committee was tasked with exploring the potential use of mediation to resolve disputes within the framework of the Code. The committee has proposed incorporating mediation as an additional method for dispute resolution, which includes: ‣ Difference Between Mediation, Conciliation and Adjudication ‣ Typical Mediation Process in India ‣ Potential Advantages that Mediation can bring to the IBC Arena ‣ Existing Mediation Landscape in India ‣ Navigating the data, i.e. Resolved Insolvency cases out of Court ‣ Maintaining Insolvency Mediations within the IBC framework ‣ Objective of Insolvency Mediation Framework under the Code ‣ Voluntary Mediation in the Indian Insolvency Regime ‣ Mediation in Corporate Insolvency Resolution Process ‣ Mediators Qualifications and Criteria

Beyond the Courtroom provides a compilation of articles and chapters by a dispute resolution scholar who has made remarkable contributions over his thirty-year career. Professor Abramson has focused his research and practice on parties trying to resolve their own disputes. This book includes publications that have contributed to launching the then new field of mediation representation with special attention on how attorneys, as gate keepers to mediation, can effectively represent clients. The book also includes his original publications that have contributed to the emerging field of intercultural and international mediation and the already robust and mature field of negotiations.

In this thought-provoking, passionately written book, Bernard Mayer—an internationally acclaimed leader in the field—dares practitioners to ask the hard questions about alternative dispute resolution. What’s wrong with conflict resolution? Why aren’t more individuals and organizations using conflict resolution when they have a problem? Why doesn’t the public know more about it? What are the limits of conflict resolution? When does conflict resolution work and when does it not? Offering a committed practitioner’s critique of the profession of mediation, arbitration, and alternative dispute resolution, Beyond Neutrality focuses on the current crisis in the field of conflict resolution and offers a pragmatic response.

Practicing Narrative Mediation provides mediation practitioners with practical narrative approaches that can be applied to a wide variety of conflict resolution situations. Written by John Winslade and Gerald Monk—leaders in the narrative therapy movement—the book contains suggestions and illustrative examples for applying the proven narrative technique when working with restorative conferencing and mediation in organizations, schools, health care, divorce cases, employer and employee problems, and civil and international conflicts. Practicing Narrative Mediation also explores the most recent research available on discursive positioning and exposes the influence of the moment-to-moment factors that are playing out in conflict situations. The authors include new concepts derived from narrative family work such as "absent but implicit," "double listening," and "outsider-witness practices."

Contemporary Issues in Mediation (CIIM) Volume 6 builds on the success of the past five volumes as testament to a growing interest of authors and readers in the wide variety of issues that arise with mediation. Readers stand to benefit from a diverse range of topics especially selected for their high quality of research and novelty that cannot be replicated elsewhere. With the recent ratification of the Singapore Convention on Mediation in 2020, there is no doubt that mediation is and will continue to be extremely pertinent in the world of dispute resolution. The COVID-19 situation and evolution of technology has also heralded a new era of cross-border and domestic online dispute resolution. Edited by Singapore's leading expert on mediation and negotiation, Professor Joel Lee, and former Chief Executive Officer of the Singapore International Mediation Institute (SIMI), Marcus Lim, CIIM is a unique and valuable addition to the growing body of mediation and dispute resolution literature.