Insight Mediation: A Learning-Centered Mediation Model

Insight mediation is the name we have given to the model of mediation that is taught and practiced at Carleton University in Ottawa, Canada. The name has evolved from our efforts to situate the model in relation to the transformative and narrative styles of mediation. Drawing upon the work of Canadian philosopher Bernard Lonergan and his theory of insight, mediators practicing this model seek direct and inverse insights into what the conflict means to each party by discovering what each party cares about and how that threatens the other party. Insights shift attitudes and create space for collective action. The authors argue that coming to recognize the theoretical underpinnings of our practice helps us become better practitioners.     

Negotiations for Refugee Repatriation or Local Settlement: A Game-Theoretic Analysis

This paper uses a model developed by Brams and Doherty (1993) to examine negotiations among a country of origin, a country of asylum, and the United Nations High Commissioner for Refugees (UNHCR) in a refugee crisis. A unique feature of the paper is its treatment of the country of asylum as a separate player in the negotiations, which makes the choice to permit or deny settlement in the asylum country endogenous.
The model is applied to two groups of Rwandese refugees: Tutsis living in exile in Burundi for three decades and Hutus in Zaire during the 1990s. The contrasting circumstances surrounding these two refugee crises provide an opportunity to study asylum countries that were sympathetic and unsympathetic, and to model changing attitudes in the country of origin and the international community toward the refugees. For both crises, the predictions of the model are broadly consistent with the unfolding of the negotiation process and the opportunities that eventually became available to the refugees.     

Mediation Research: A Current Review

In this article, we review the mediation literature from the past decade, utilizing a cybernetic mediation paradigm to organize the material. In this paradigm, we note that the type of conflict, country, culture, and mediation institutions affect the mediation process. Within this process, the mediator and disputants interact with each other, attempting to reach their own goals. This interaction produces outcomes for the disputants, the mediators, and other parties. The literature — organized using this paradigm — indicates that mediation is frequently practiced in many venues; the literature also provides an exhaustive list of mediation goals, describes many mediation strategies, and reports manifold mediation outcomes. Unfortunately, the number of studies examining the relative effectiveness of specific strategies (e.g., pressing, relational, and analytic) seems insufficient. Few studies have used control groups or reported observations of mediator and disputants' behavior in actual mediations.     

Mediation Ethics: A Grounded Approach

Using insights drawn from mediation practice, social justice scholarship, and debates on ethical thinking in other professional fields, the authors argue that prevailing ethical codes for mediators in the United States stunt the development of ethical thinking in the field. Current codes and even their critiques take a "top-down" approach that proceeds from the perspective of the mediator and gives primacy to abstract principles rather than to the particulars and contexts of disputes. This approach ignores a much richer practice on the ground, depends on an artificial division of procedural and substantive justice, and constricts the scope of ethical questions raised, inhibiting effective systemic solutions. The authors argue for ethics grounded in the context of particular substantive areas, which do not focus on the mediator alone and which remain open to a wider set of social justice considerations.     

Researching Refugee Youth in the Middle East: Reflections on the Importance of Comparative Research

This paper reflects on the value of comparative anthropologicalresearch with refugee youth. It examines a participatory researchprogramme in eight field sites in the Middle East and NorthAfrica. While recognizing the importance of the specific socio-politicaland cultural context of the different field sites, it has beenpossible to uncover similarities among refugee youth that wouldhave been missed were it not for the exercise in comparison.What emerges from these findings, within research contexts whichwere viewed, by some, as unique and thus not comparable, arethematic similarities. Characteristic of many young people livingin situations of prolonged forced migration are issues of multipleand conflicting identities and ambivalence to transgressed places;activism; and engagement in activities independent of existinghumanitarian aid structures. Thus it can be seen that comparativestudies can draw out the features and qualities which transcendborders, local cultures and the humanitarian aid regime to displaythe traits in common among refugee youth.     

Stage Development Theory: A Natural Framework for Understanding the Mediation Process

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.     

中印两国文化旅游软实力分析——基于系统工程思想的分析

文化旅游在国家文化软实力构建中的作用表明,文化旅游软实力已经成为国家参与全球旅游市场竞争的重要组成部分。本文以系统工程思想为分析视角,剖析了中印文化旅游的基本要素及其关系,发现中印文化旅游软实力在系统结构和其他功能系统存在着差异,致使其竞争领域和支撑力着重点有所不同。通过两国文化旅游软实力的比较分析,找到产生区别的主要原因,同时从国家战略高度,提出了一些符合我国基本国情的文化旅游软实力建设的政策建议,为政府大力发展旅游业,促进我国文化大发展大繁荣,提供了理论依据与决策参考,有利于提高我国旅游全球竞争力。     

The Face-to-Face Mediation Program: A Massachusetts success story

Summary An effort that began as an experimental alternative to small claims court for consumer cases has fostered the application of alternative dispute resolution to many other conflicts in Massachusetts. The Attorney General's Face-to-Face Mediation Program, unique in the country, has proven to be an effective local resource to citizens of the state for resolving consumer disputes. The influence of the program has been felt outside the Attorney General's office as well as within.In the two years since this report was written, the Attorney General's Face-to-Face Mediation Program has shown a steady increase both in referrals and in quality of service. Today, all but one of the seven remaining mediation programs is running at or near capacity. In 1988, 84 percent of the approximately 700 cases that were mediated reached agreement, and 96 percent of those agreements were upheld. Suzanne Goulet Orenstein, who is Senior Associate, Program on Environmental Dispute Resolution with The Conservation Foundation, Washington, D.C., formerly was Chief, Local Consumer Groups and Dispute Resolution Activities with the Office of the Massachusetts Attorney General.Kathleen Grant is Coordinator of the Face-to-Face Mediation Program, Public Protection Bureau, The Massachusetts Attorney General's Office, 131 Tremont St., Boston, Mass. 02111.     

A Crowded Stage: Liabilities and Benefits of Multiparty Mediation

In today's environment, the international response to conflict often entails multiple mediators as well as other third-party actors such as peacekeeping forces, development agencies, nongovernmental organizations (NGOs), and lone operators. Such a profusion of actors has often made peacemaking efforts messy, difficult, and at times chaotic. The vicious nature of internal conflicts, however, and the high costs for the international community of failing to prevent or end war make it critical to understand these multiple third-party interventions. The principal question is: do these multiparty mediations help or hurt the cause of peace? If the answer to that question is that a multiplicity of third parties can hurt a peace process, does the solution lie in stopping multiple third-party attempts at peacemaking? On the other hand, if the answer is that multiparty mediation can help, are there ways of increasing the chances that it will?     

Managerial Mediation Competency: A Mixed‐Method Study

Managerial conflict resolution skills such as mediation have often been poorly defined and measured. We used a mixed‐method design to develop a managerial mediation competency scale. In our first study, we used semistructured interviews to identify managerial mediation skills and attitudes, from which we derived a framework for measuring managerial mediation competency. In our second study, we developed scale items and used a quantitative survey to test the scale's psychometric qualities and to gain insight into the theoretical structure of managerial mediation competency. Our managerial mediation competency scale can be used in research questionnaires or organizational surveys as a training, research, and theory development tool.     

Deconstructing Mediation: A Case Study of the Cod Wars

In this study, I explore the mediation techniques used by an international organization (IO) to settle an international crisis. Specifically, I have focused on the use of formal and informal techniques with a case study of the North Atlantic Treaty Organization's (NATO) mediation during the Cod Wars between Iceland and the United Kingdom. My analysis indicates that a combination of both formal and informal mediation techniques was instrumental in resolving the Cod Wars conflict. Further research would clarify whether this finding can be generalized to other cases of NATO mediation and interventions of third parties in addition to NATO.     

The Risks of Peace: Implications for International Mediation

International mediators are often called upon to manage the risks of negotiation leading to a peace settlement. This article argues that important risks are often contained in the terms of a peace settlement, which must also be addressed by international negotiators. These risks are described as incurable covenant risks, curable covenant risks, and legal and systemic risks. This article discusses several different strategies for managing these risks. The article argues that although some of these risks can be managed by international mediators, not all are amenable to negotiated interventions.