Mediation Research

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.

Discover the most up-to-date findings on a range of mediation topics Sponsored by the Center for Negotiation and Conflict Resolution In eighteen original chapters, this book, sponsored by the Center for Negotiation and Conflict Resolution, examines the nature and effectiveness of mediation in a wide variety of disputes including divorce cases, neighborhood conflicts, international disputes, environmental conflicts, and labor negotiations. The authors explain how mediation works, look at the factors that determine whether mediation can be used to resolve a dispute, and identify the conditions under which it is most effective.

How Mediation Works will introduce management and law students as well as businesses to this art of conflict resolution from the behavioral perspective, while also providing a valuable resource to continuing education programs, mediation training, and lawyers to familiarize clients with the mediation process.

This book has been replaced by Introduction to Mediation, Moderation, and Conditional Process Analysis, Third Edition, ISBN 978-1-4625-4903-0.

The Handbook of Mediation gathers leading experts across fields related to peace, justice, human rights, and conflict resolution to explore ways that mediation can be applied to a range of spectrums, including new age settings, relationships, organizations, institutions, communities, environmental conflicts, and intercultural and international conflicts. The text is informed by cogent theory, state-of-the-art research, and best practices to provide the reader with a well-rounded understanding of mediation practice in contemporary times. Based on four signature themes—contexts; skills and competencies; applications; and recommendations—the handbook provides theoretical, applicable, and practical insight into a variety of key approaches to mediation. Authors consider modern conflict on a local and global scale, emphasizing the importance of identifying effective strategies, foundations, and methods to shape the nature of a mediation mindfully and effectively. With a variety of interdisciplinary perspectives, the text complements the development of the reader’s competencies and understanding of mediation in order to contribute to the advancement of the mediation field. With a conversational tone that will welcome readers, this comprehensive book is essential reading for students and professionals wanting to learn a wide range of potential interventions for conflict.

Explores even the fundamental assumptions underlying mediation analysis

An original study of the language of mediation, which uses excerpts from real mediation sessions to illustrate how mediation works and how mediators can best help disputants make claims, present evidence and propose solutions. It will interest researchers and students of sociolinguistics, conversation analysis, and the sociology of law.

"Why is it that so many disputes that were formerly addressed through adjudication are now resolved through mediation? The dramatic increase over the last 15 years in the use of alternative dispute resolution practices has been explored through a number of lenses. New Directions in Mediation provides valuable new insights into the process of mediation - by examining it from a communication perspective The contributors provide theoretical viewpoints in mediation, reveal new ways to understand the structure of the intervention process, illustrate how specific communicative acts shape the realities of mediators and disputants and influence the outcomes, suggest critical contextual factors that should be considered in order to guide mediation more effectively, and discuss with practitioners how these ideas can be translated into practice."--Back cover.