共查询到20条相似文献，搜索用时 0 毫秒
1.
Jay Rothman 《Negotiation Journal》2014,30(4):441-453
In this article, I describe a reflexive approach to mediation, which I see as a promising corrective to two positivist ideas in our field that are slow to fade: that we should be neutral as third parties and that parties should seek solutions based on objective truth. Grounded in a more constructionist approach using findings from qualitative social research and drawing analogies from those findings as they apply to mediation, a reflexive praxis accepts the reality that a third party cannot be neutral and that constructive outcomes to conflicts are rarely rooted just in “the facts.” Rather this view holds that an intersubjective rendering of reality in and out of the mediation room constitutes a large part of the collaborative effort of mediation. 相似文献
2.
Previous research on presidential debates has largely focused on direct effects of debates on viewers. By expanding the context of debate effects to post-debate citizen communication, this study moves beyond the direct and immediate impact of debate viewing and investigates indirect effects of debate viewing mediated by debate-induced citizen communication. Results from two-wave panel data collected before and after the 2004 presidential debates show that, as previous literature has suggested, debate viewing leads to partisan reinforcement and that these debate effects are in part mediated through post-debate political conversation. These findings provide a new layer of complexity to our understanding of the mechanisms underlying debate effects. 相似文献
3.
4.
Elizabeth Stokoe 《Negotiation Journal》2013,29(3):289-314
In this article, I investigate intake calls to community mediation services in which disputing neighbors ask mediators to help them resolve their conflicts. These calls are the first point of contact between potential clients and mediators. To maintain their organization's funding, mediators must convert a sufficient number of these callers into clients of the service. Intake calls, however, are not treated as part of the mediation process proper, and mediators are not trained to handle them. I audio‐recorded and transcribed approximately two hundred calls to mediation services based in the United Kingdom and then analyzed them using conversation analysis. I identified several factors routinely present in these intake calls that seemed to prevent disputants from ultimately engaging in the mediation process; I characterize these factors as “barriers to mediation.” These barriers include callers' lack of knowledge about mediation as a service and mediators' often ineffective methods of explaining the process. In particular, callers rejected mediation services when the mediators explained that mediation is an impartial service. Some of the mediators, however, managed intake calls differently, describing it more effectively, expressing empathy or affiliation with callers, and thus were able to overcome many of the callers' most common concerns about the process. In this article, I also discuss this study's implications for understanding the institution of mediation and for training mediators. 相似文献
5.
This article is drawn from interviews with thirty‐one of mediation's “founders,” those pioneers who began mediating in the 1970s and 1980s, when the field was young. They describe what first attracted them to mediation and why they have remained active in the field. Some told us that they have found it to be both intellectually challenging and interpersonally satisfying to assist disputing parties in their search for a mutually acceptable resolution they could not find on their own. Others see mediation's collaborative approach to decision making as a means of bringing about social and political change that might be otherwise unattainable. The mediators also described the changes they have observed since they entered the field: mediation's dramatic growth, institutionalization in the judicial system, and market domination by lawyers and retired judges. Among the concerns they expressed were the prevalence of a mediation model that focuses primarily on the legal strengths and weaknesses of each party's position, and the dollar amount that should resolve the dispute, with little interest in creative outcomes. Other concerns are a lack of quality control of mediators and trainers, and unproductive debate about whether the “correct” approach to mediation is evaluative, facilitative, or transformative. The mediators who work on public policy matters, including environmental disputes, were the most positive about the opportunity for creativity in their work, considerably more so than those mediators whose practice is primarily business/commercial. The mediators' views of the future of mediation are remarkably similar — their general sense is that the type of mediation that takes place in the shadow of the courts is likely to increase and to become even more routinized than it is at present. Several respondents told us that they also expect to see substantial growth in the use of mediation to resolve public policy issues. Many of these mediators predicted that this type of mediation is likely to be carried out by organizational insiders, rather than outside interveners. As one mediator said, “Maybe there's a new set of mediation roles for people within traditional institutions, not just for free‐standing neutrals.” 相似文献
6.
Alexandra Crampton 《Negotiation Journal》2016,32(3):191-211
The randomized control trial and pre/post research designs are commonly used in applied research and provide common standards for mediation evaluation research. These approaches have many benefits, particularly for evaluating whether mediation as an experimental intervention works or not. Scholars and practitioners, however, want to know not only whether mediation can work as expected but also how it works in a range of real‐world contexts over time. In these contexts, ideal experimental conditions are less likely to occur. Challenges include such circumstances as the following: the number of cases suitable for statistical comparison is insufficient; researchers lack control over how mediation is implemented; researchers lack clear, objective variables to measure; and the variability of mediation outcomes when studied over time makes it difficult to draw conclusions about them. My research has involved each of these challenges, and I have used ethnographic research as a way to evaluate mediation in these contexts. In this article, I explain ethnographic methods and present two studies as examples of mediation evaluation research that began with a standard program evaluation design, and then incorporated ethnography to allow more complete data collection and analysis. My purpose here is not to argue that experimental methods in mediation evaluation research should be displaced but rather to demonstrate how ethnographic methods can be used when the conditions necessary for standard evaluation cannot be met. The two studies used as examples are from an elder mediation study in Ghana and a family court mediation study in the United States. 相似文献
7.
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. 相似文献
8.
9.
Greg Bond 《Negotiation Journal》2013,29(3):315-328
The International Commercial Mediation Competition is organized by the International Chamber of Commerce (ICC) in Paris, which held the event for the eighth time in February 2013. As the competition has grown, participation has become more and more diverse and thus mediation and negotiation have become more and more cross‐cultural. This led the ICC to invite external research on culture at the competition in February 2011. In this article, I discuss this student competition, the external research project question, and the culture of the competition. I also identify some of the further cultural issues raised by referring to relevant research on conflict and mediation across cultures, and conclude with some thoughts on how better to conceptualize the field of cross‐cultural mediation in terms of a systems approach. 相似文献
10.
Between the time that the first modern Italian mediation statutes were issued in 1993 and March 2011, when mandatory mediation procedures under Italian Legislative Decree 28/2010 went into effect, an interesting paradox emerged in Italian mediation: mediation usage was virtually nonexistent despite the high success rates of mediated cases. Clearly, the mere availability of mediation was not sufficient to attract disputants away from the courts, even though the Italian court backlog skyrocketed to 5.4 million cases during this period. Decree 28/2010 was issued by the Italian government to address this paradox through a mandatory mediation requirement, but the law has faced significant opposition from some members of the Italian bar in the form of public strikes and legal challenges. Legislators have responded to this dissent with reactionary amendments to “cure” problems in the regulatory structure, even though there has also been significant positive attention paid to the Italian mediation model at the European level. As the opposition to Decree 28/2010 now appears to be diminishing and recent data indicate that mandatory mediation is achieving its objectives (to the tune of tens of thousands of mediated cases since March 2011), two lessons in realpolitik emerge for mediation proponents. First, nothing less than compulsion can rapidly increase mediation use. Second, the legislator who compels mediation without openly engaging the opposition is not mediation savvy, for even in compelling a policy choice, one should be respectful and mindful of the opponent's position, if for no other reason than to minimize his or her opposition to the final result. 相似文献
11.
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. 相似文献
12.
John Winslade 《Negotiation Journal》2009,25(4):559-568
In this article, the author tells stories of relationship conflict in which the trajectory of the conflict narrative is disturbed by one of the participants instigating a shift to a different story line. He analyzes these shifts in terms of narrative theory and accounts for them in terms outlined in the narrative mediation literature, interrogating the knowledge called upon by the protagonists to initiate these narrative shifts. This knowledge seems to be pragmatic knowledge, local knowledge, and performative knowledge, with implications for professional practice. Practitioners are urged to be alert for opportunities to privilege such knowledge. 相似文献
13.
14.
A large field study examined female and male mediators' perceptions of their jobs, looking in particular at their attitudes toward mediation styles lying on the continuum between instrumental and transformative. Based on scholarship on gender and negotiation literature that has portrayed women as more interpersonal and somewhat less task oriented than men, we expected female mediators to be more transformative and less instrumental in their practice than their male peers. Our study was both qualitative and quantitative: we formulated the content of twenty in‐depth interviews into an extensive questionnaire, answered by a representative sample of 189 Israeli mediators. Compared with their male counterparts, we found female mediators to be more transformative, but no less instrumental, in their view of mediation's goals and orientation. They were also somewhat more facilitative in preferred style, while male mediators were somewhat more directive. We also found additional intriguing gender differences, including that women mediators reported higher job satisfaction than did male mediators, but they also displayed a greater readiness to perceive failure in mediation. 相似文献
15.
Martin Euwema 《Negotiation Journal》2018,34(3):243-265
In this study, we explore the long‐term effectiveness of the mediation of hierarchical workplace conflicts by comparing and analyzing participants’ perceptions of short‐term and long‐term mediation effectiveness. Specifically, we surveyed supervisors and subordinates to determine the extent to which they perceive mediation to be effective one year after the conclusion of the process. In this study, we distinguish between mediations that result in a continuing employment relationship versus exit mediations, which occur when employees end their employment. We collected data from real workplace mediation cases in the Netherlands. Our results show a general positive relationship between short‐term and long‐term mediation outcomes. Supervisors and subordinates, however, perceive the long‐term outcomes somewhat differently, with supervisors perceiving greater compliance with the agreement than did subordinates after one year. We found no significant difference in perceptions of long‐term effectiveness between exit and nonexit mediations. In the article, we discuss the implications of our findings for mediation theory and practice. 相似文献
16.
《国际相互影响》2012,38(5):838-864
ABSTRACTThis research re-examines the effectiveness of directive mediation in interstate rivalries. To do so, highlighting the importance of disputants’ willingness for successful directive mediation, this study identifies four conditions that affect the levels of disputants’ willingness to engage in mediation talks and proposes that the presence of such conditions improves or worsens the efficacy of directive strategies. We expect heavy-handed mediators will be less effective in a dispute involving highly interdependent or power-imbalanced rivalries while directive mediation performs poorly when it is led by unbiased mediators or when it is employed for long-running rivals. Our empirical findings, based on two existing rivalry datasets, suggest that directive mediation fares well when mediators are biased, when rivals are power-balanced, and when rivalries are protracted, and that the efficacy of directive mediation improves in disputes involving highly interdependent strategic rivals but decreases in the cases between highly interdependent general rivals. 相似文献
17.
Francis‐Benoît Pelletier 《Negotiation Journal》2015,31(2):105-129
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. 相似文献
18.
K. Amber Curtis 《国际相互影响》2014,40(3):402-430
When and how will personal financial (aka “pocketbook”) concerns drive citizens’ political decisions? Scholars remain puzzled by the mismatch between the expectation that pocketbook voting should occur and the reality that, according to most findings, it usually does not. Using original survey data collected immediately after Iceland’s second “Icesave” referendum (2011), I first report the results of an embedded experiment that successfully evokes greater pocketbook concern. Next, I analyze the determinants of retrospective pocketbook evaluations, showing that priming effects are conditioned by political sophistication such that high sophisticates are among the most likely to report negative economic assessments. I then turn to the consequences of these egocentric views for government approval. Mediation analysis confirms a significant indirect effect, suggesting that subjective pocketbook evaluations exert a strong influence on political attitudes that has been hidden in prior work. Results illuminate the contextual, cognitive, and causal circumstances under which pocketbook effects transpire and suggest new ways in which self-interest might matter for attitudes toward international political economy issues. 相似文献
19.
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. 相似文献
20.
自2011年南海问题升温以来,作为东盟成员国中对南沙群岛部分岛礁及水域提出主权申索的国家之一,马来西亚官方对南海争端的立场十分值得关注。本文以马来西亚政府喉舌报《先锋报》为主的媒体网站2011年至2013年的与南海问题相关的新闻报道或评论为分析依据,进行跟踪评论,解读马来西亚官方对南海争端的立场。 相似文献