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1.
The author identifies three distinct mediation sequencing strategies used in intractable communal conflicts: the gradualism model; a boulder-in-the-road approach; and the committee strategy. Using case examples of contemporary mediation efforts, he describes the three approaches and their advantages and disadvantages. A wider-angle approach to the differences in how mediators and conflicting parties achieve peace in these destructive conflicts is useful for both scholarly inquiry and practice.  相似文献   

2.
The training and development of mediators has focused primarily onenhancing mediators' technical skills and increasing their understandingof the theory behind the practice of mediation. This article focuses on athird aspect of the development of mediators - namely, their personalcharacteristics. The authors contend that a mediator'spresence - more afunction of who the mediator is than what he or she does - has a profoundimpact on the mediation process. Drawing on analogies fromresearch in the physical and social sciences, the article suggests that themost subtle influences of the mediator's affect and manner may in fact bepowerful influences in helping the mediator bring peace into theroom.  相似文献   

3.
Scholars and practitioners of mediation have generally paid little attention to the development of theoretical frameworks for understanding what is taking place in the mediation process. By borrowing from stages of adult psychological development theory (in this scheme, physical; hedonistic/impulsive; conformist/authority-seeking; rational/individualistic; and integrative), we can better understand some of the behaviors that people exhibit in mediation and perhaps find ways to help parties expand their behavioral repertoires so that new avenues for resolution appear to them. Using frequent examples from mediation practice, the author describes each stage, then assesses the limits and possibilities of relating this theoretical framework to mediation. She sees this juxtaposition of theory to practice not so much as a how to for mediation practice, but rather as a new window through which mediators can view mediation clients, the mediation process, and their own behavior in the mediation room.  相似文献   

4.
Most of the literature on international dispute resolution emphasizes timing and ripeness when considering whether or not a dispute is suitable for mediation. In addition to this focus, the authors believe analysts should consider whether a particular mediator is ready for prime time. Their framework posits that one may gauge the appropriateness of a mediator for a particular dispute along three different types of considerations: operational and political; strategic and diplomatic; and relationship and cultural fit. They provide numerous case examples illustrating how the choice of a mediator might apply in each dimension.  相似文献   

5.
Gabel  Stewart 《Negotiation Journal》2003,19(4):315-328
Some mediators believe that mediation and psychotherapy are quite similar, and that when doing mediation, the mediator also is practicing an art form similar to psychotherapy. On face value, some forms of mediation (e.g., evaluative) and some forms of psychotherapy (e.g., psychoanalysis) are so far apart in theoretical conception and in actual practice that they cannot be compared meaningfully. However, the forms of mediation known as facilitative and transformative and the forms of brief or focused psychotherapy that often involve families or couples do have considerable similarity. Overall, numerous resonances exist between these two approaches to mediation and to couples or family-oriented psychotherapies, especially when differences in terminology, licensure, and training requirements are not allowed to obscure commonalities.  相似文献   

6.
Picard  Cheryl 《Negotiation Journal》2002,18(3):251-269
Mediators, for the most part, describe their work as facilitation but what they actually mean varies considerably. Based on an exploratory study with nearly 90 mediators in Canada (all of whom are also mediation trainers), the author describes the great diversity among mediators' understanding of commonly-used terms like facilitation, transformative, settlement, and humanistic. She also reports on how such factors as context, gender, and number of years mediating affect mediator perceptions of what they do. In addition, the author shows how perceptions affect the overall philosophy and goal of the mediation practitioner. One implication of this research is that we can no longer presume to know what people mean by mediation, nor can we assume mediators are like-minded in how they understand their work. Thus, practitioners, scholars and policymakers are encouraged to be purposefully clear when describing and writing about the practice of mediation.  相似文献   

7.
Most studies of mediation strategy focus on the how and what of the process, but fail to take into consideration when particular techniques are used. To improve our understanding of mediation strategies in general, the authors of this article propose a new methodological approach that includes an analysis of the particular techniques that are used as well as the order of their use.he is studying mediation in the Pacific Rim and international peacekeeping. John B. Stark, who is a doctoral student at the University of Missouri, plays chess and studies trust in organizations.  相似文献   

8.
The problem of teaching the same negotiation class again and again, yet remaining fresh and spontaneous, is a dilemma familiar to academics. The situation is akin to that of characters in the movie, Groundhog Day, living the same 24 hours over and over, trying to get things just right. This article reflects on this problem, and offers some advice.  相似文献   

9.
Donald Schön has advanced the notion that a systematic understanding of professional practice can be built on the reflective insights of skilled practitioners. The reflective practitioner paradigm is well suited to mediation research. A study of divorce mediation illustrates how Schön's seminal ideas can be translated into research procedures with broad applicability to a variety of mediation settings.  相似文献   

10.
Gray  Barbara 《Negotiation Journal》2003,19(4):299-310
The assumption that negotiators can and should eradicate emotions from negotiating is unrealistic. Instead, effective negotiators know how to handle emotional outbursts including how to respond when the other negotiator evokes their nemesis. A nemesis is the hidden part of ourselves that we project onto others who push our hot buttons. When emotions are intense, understanding the possibility that you may be giving or receiving a projection can help you sidestep escalatory behavior. This article explores the concept of the nemesis and offers practical steps for confronting it as well as responding to others' emotions at the negotiating table.  相似文献   

11.
Though decision makers in many domains use bargaining as their primary approach to negotiation, it has limited efficacy in multi-issue, nonquantifiable transactions. Nevertheless, many negotiators use back-and-forth bargaining rather than other approaches. The author explicates reasons for this choice and describes supplemental joint brainstorming, an innovative strategy to supplement the institutionally-entrenched bargaining approach to negotiation with interest-based negotiation.  相似文献   

12.
The author relates three cases of conflict which he has observed in Cairo and recognizes patterns that cut across each of these stories. The stories shed light on how people in Egypt approach and deal with conflict; in addition, they may help readers understand conflict in their home culture as well as be instructive on how to listen to conflict in different cultures. Six general themes in the way Egyptians approach or handle conflict are identified, and each of these themes is analyzed.  相似文献   

13.
The author reviews the insights of four expert practitioners of international conflict resolution, pointing out a common theme that signals a major shift in the way we conduct and conceive of international conflict intervention. In addition to traditional top-down interventions, leading conflict resolution practitioners are advocating a bottom-up approach, a complementary effort that includes development of conflict resolution potential among the parties themselves, without external imposition. This increased emphasis on the kinds of structures, understanding, and relationships that help to transform international conflict situations reflects the impact the developing field of conflict studies has had on practice.  相似文献   

14.
The teaching of negotiation in law, business, and other professional schools has greatly increased over the last quarter-century. The author sets the stage for a review of two negotiation texts and an educational video by opening with an historical overview of the development of negotiation pedagogy, which has been informed by scholars from many different academic disciplines. Teaching negotiation in law schools (which have a long tradition of the case method style of teaching, which often encourages an energetic but adversarial approach to problem solving) is still relatively new. The two texts and the educational video examined in this essay offer lessons in a wide angle approach to negotiation, which includes (among many other useful topics): ideas fundamental to theory and practice; social and emotional considerations; the role of cultural and gender difference; relationships between principals and representatives; differences among various types of ADR; and applications of various forms of negotiation in many different contexts.  相似文献   

15.
This article presents a conceptual framework for analyzing the structure and dynamics of what the authors call linked systems of negotiations. Even such seemingly straightforward transactions as the purchase of a family car tend to involve linked negotiations. The framework highlights the importance of internegotiation processes in shaping Zones of Possible Agreement, and proposes a typology of linkage. By mapping out and reengineering linked systems, negotiators can enhance their ability to shape the structure within which their negotiations take place.  相似文献   

16.
The evolving Sino-Russian relationship to a declared strategic partnership from the mid1990s until today is one of the most important strategic developments in the Asia-Pacific region. But despite an increasing strategic convergence between both sides in their foreign policy agendas, the pro-western foreign and security policies of the new Russian president Vladimir Putin have also complicated the bilateral Sino-Russian relationship already before September 11, 2001. While the Sino-Russian relationship is still guided by co-operation and common strategic interests in specific economic and foreign policy fields of both sides, it is also characterized by still existing mistrust as well as strategic rivalry. Meanwhile, Putins modified foreign policy has grown more cautious vis-à-vis China and, at the same time, has become more active in Central Asia, on the Korean peninsula, towards the United States and Europe in order to counterbalance the strategic trends of changing balances of regional forces to a perceived disadvantage of Moscow during the last years. In a broader context, however, the triangular relationship between these two great powers and the United States should no longer been exclusively seen through the prism of zero-sum games. A stable bilateral relationship between Moscow and Beijing that significantly contributes to both regional and global stability is also in the strategic interest of Washington and Europe.  相似文献   

17.
Scholars and practitioners have detailed a number of ways that differences in national culture can affect bargaining behavior: from surface etiquette and protocol to deeper cultural characteristics and to systematic variations in decision making and governance. Such cross-national analysis can be quite useful but is prone to at least four hazardous fallacies described in this article and illustrated, in some cases, by probabilistic reasoning. Along with suggestions for avoiding them, these fallacies include: (1) The John Wayne v. Charlie Chan Fallacy (stereotyping); (2) The Rosetta Stone Fallacy (overattribution); (3) The Visual Flight Rules Fallacy (skewed perceptions and information processing); and (4) St. Augustine's Fallacy (When in Rome...).  相似文献   

18.
The technological revolution has created as many challenges as opportunities for managers in today's organizations. Besides wandering around to manage, scrolling around on a computer screen has become common-place. This article reviews four key technology-caused challenges facing managers in the workplace, chiefly as the result of communication via e-mail. Specifically, the author focuses on what research to date informs us about negotiation and conflict resolution in an electronic environment.  相似文献   

19.
Negotiation: The Chinese Concept   总被引:1,自引:0,他引:1  
It is no understatement to say that negotiation activity has skyrocketed in China in recent years; however, these negotiations are frequently unsatisfactory. Part of the reason for this lack of success is that Chinese people have a conception of negotiation that is fundamentally different from that of people in the West. Based on extensive interviews with Chinese and non-Chinese negotiators over a period of five years, the author explains the Chinese approach by using two metaphors: mobile warfare and the joint quest. Understanding this approach has significant implications for negotiation practice.  相似文献   

20.
In the warn-torn new nation of Tajikistan, the author has been part of a five-stage dialogue for peace since 1993. The focus of the dialogue has been on transforming relationships and changing relationship dynamics so that this intractable conflict can be addressed positively. The author briefly describes this multilevel peace process both historically and substantively. He also discusses the continual process of evaluation of the Inter-Tajik dialogue effort as well as focuses on a series of questions that apply to intractable conflicts in general.  相似文献   

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