The Reporter''s Dilemma: News Gathering as Negotiation

Bush and Folger (1994) in The Promise of Mediation articulated distinctions between Individualist and Relational ideology, and linked them to specific theoretical orientations to mediation practice, problem-solving and transformative, respectively. Yet, a question persists as to whether these distinctions produce any material differences in practice. This question is approached here through an examination of a single construct in the mediation literature, empathy. The author proposes that the Individualist and Relational ideological frameworks have material implications for the concept and the practice of fostering empathy between the parties to a mediation: The problem-solving framework fosters a social interaction which can be understood as transactional empathy while the transformative framework fosters an interaction described as relational empathy.     

A Narrative Approach to the Practice of Mediation

Thinking in narrative terms is proving useful in a number of disciplines. Such thinking has already contributed to a growing body of work in the family therapy field. Here, we seek to demonstrate the usefulness and applicability of the ideas developed by Michael White and David Epston (among others) to the practice of mediation. Distinctions are drawn from the problem-solving approach with regard to both basic theoretical assumptions and method. A transcribed mediation scenario is used to illustrate and comment on the techniques of narrative mediation in action.     

Credibility and Strategy in International Mediation

We study mediation in international conflict as a process of strategic interaction among the two disputants and the (would-be) mediator. We develop a rational model that examines the choice, process, and outcome of mediation. We start with a conflict game of incomplete information played by rational players that examines the conditions under which disputants and would-be mediators would consider mediation a preferred strategy. The mediation game that follows models the mediator's choice of mediation strategy and the possible responses of the disputants offers. Finally, we explore the conditions under which a mediated solution emerges and the conditions under which mediation fails.

The credibility of the mediator—defined as the extent to which disputants believe the mediator's statements, threats, or promises and her ability to deliver the promised agreement—emerges as a key factor that drives the model. Each disputant has an assessment of the mediator's credibility. Broadly speaking, the more credible the mediator is perceived by the disputant, the more accepting the disputant will be of her offers. Yet, the mediator does not know how credible she is in the view of the disputants. This uncertainty affects the mediator's decision to intervene and her choice of strategies. We derive testable propositions from this model and test them on a dataset consisting of mediation efforts in international conflicts over the years 1945–1995. The findings generally support the propositions derived from the model, and we explore the theoretical and empirical implications of these findings.     

Transformative Women,Problem‐Solving Men? Not Quite: Gender and Mediators' Perceptions of Mediation

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.     

Dimensions of Chinese foreign conflict and cooperation: A research note

Key mediation attributes, such as mediating actors, the strategy they choose, and previous mediation experiences, are widely thought to influence the nature of a conflict management outcome. But how and when these features shape outcomes is not a straightforward matter, and a standard analysis of these factors does not lead to their widely anticipated results. Why? We develop a new analytical framework that argues that a dispute's intensity alters the conflict management processes. Furthermore, in order to observe this variation, we also need to expand the traditional, dichotomous notion of conflict management outcomes (success or failure) to include a fuller range of observed results. Using the most recent International Conflict Management data set and our new analytical framework, we analyze the effect on conflict management outcome of mediator (a) identity, (b) strategy and (c) history. We find that directive strategies and international mediators are effective in resolving high intensity conflicts, procedural strategies and regional mediators are effective in resolving low intensity conflicts, and that mediation history always affects resolution. Our results have implications for both the study and practice of international dispute mediation.     

Transformations and Critical Moments in Negotiations

Transformation is not a new concept in the conflict literature. It forms the foundation for a particular school of thought in mediation and plays a major role in the analysis of international conflicts. More-over, it shapes the goals and processes for managing public conflicts through dialogue and democracy. Although transformation surfaces in a variety of conflict management arenas, this concept has received only a modicum of attention in the negotiation literature. This article centers on the definition and features of critical moments in negotiation that might foster conflict transformation. It draws from the literature on conflict transformation and applies this work to negotiations. First, the author explores the definitions, characteristics, and types of shifts that set up transformations. Then she examines internal and external factors that contribute to transformative moments. Finally, the essay concludes with a discussion of distinctions between transformation and related constructs, suggestions for conducting research, and implications of this work for negotiation research.     

Practice-Relevant Research in Mediation: Toward a Reflective Research Paradigm

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.     

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.     

Failed agreements and their impact on subsequent mediation onset and success in intrastate conflicts

ABSTRACT

What impact do failed mediated agreements have on subsequent mediation onset and success? The question of mediation onset and success is undoubtedly important, given that mediation is one of the international community’s preferred conflict management tools, but its voluntary nature leaves room for the conflict parties to (dis)agree to talks and possible settlements. Existing research suggests that previous mediation outcomes can affect subsequent mediation efforts positively or negatively – depending on the outcome in focus. This article argues that failed agreements – an outcome of mediation that has not been accounted for in existing literature – underscore the persistence of the commitment problem, and therefore the hazards of sharing private information. Consequently, the conflict parties question the utility of mediation, and the likelihood of subsequent mediation onset decreases. If subsequent talks take place despite the failed agreement, the conflict parties refrain from sharing private information, and reaching an agreement becomes thus less likely. Drawing on the Uppsala Conflict Data Program’s (UCDP) Managing Intrastate Conflict in Africa data set and the UCDP Peace Agreement data set, the results strongly underline the negative impact failed agreements have on subsequent mediation onset, and thereby show that agreement longevity is crucial not only for peace duration but also for leaving the door open to subsequent talks.     

Mediation mythology

Conclusion TheInterim Guidelines for Selecting Mediators promote a mythology that is broader and already more effective than the specific screening device created by the guidelines is likely to be. That mythology has been quite successful in generating support for the institutionalization of mediation and the establishment of both a market and an occupation in the practice of mediation.The guidelines may prove successful, however, in furthering that mythology — and thus the professionalization of mediation — by appearing to create techniques to insure that mediators fulfill the mythological requirements of the role: passivity, informality, neutrality, and efficiency. If the guidelines become widely adopted, they will also restrict access to the occupation by defining occupational prerogatives that will debar some persons from sharing in them. Furthermore, if licensing does eventually follow, the guidelines will have gone a long way toward providing authoritative, legal consequences to private, and I would suggest, mistaken determinations of what constitutes good and ethical mediation practice. Susan S. Silbey is Professor of Sociology at Wellesley College, Wellesley, Massachusetts 02181.     

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.     

Mediating with Heart in Mind: Addressing Emotion in Mediation Practice

Given the centrality of emotion and emotional communication to conflict interaction, the lack of attention to emotion in mediation is particularly surprising. This essay suggests that mediation practice can—and should—be informed by the wealth of existing theory and research on emotion in the social sciences. The authors define emotion and argue the centrality of its place in conflict. They address issues germane to the cognitive, expressive, and physiological aspects of emotion and their relevance to mediation practice. Within each area, they discuss the implications of the emotional experience of the disputant and the emotional experience of the mediator.     

Common Language,Different Meaning: What Mediators Mean When They Talk About Their Work

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.     

Overcoming Barriers to Mediation in Intake Calls to Services: Research‐Based Strategies for Mediators

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.     

Common Language, Different Meaning: What Meidators Mean When They Talk About Their Work

Mediators, for the most part, descrive their work as "facilitation" but what they actually mean varies considerably. Based on an exploratory study with nealy 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 humansitic. 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 hte meidation practitioner: One implication of this research is that we can no longer presume to know what people men by "mediation," nor can we assume mediators are like-minded in how they understand their work. Thus, practitionsner, scholars and policymakers are encouraged to be purposefully clear when describing and writting about the practice of mediation.     

Orchestrating peace in South Sudan: exploring the effectiveness of the European Union’s mediation support

ABSTRACT

Previous research has primarily focused on the EU’s high-profile involvement as direct mediator in peace negotiations. Conversely, less attention has been devoted to the EU’s support to third parties’ mediation efforts, which is a significant component of its mediation activities. Addressing this research gap, this article develops a conceptual framework for the systematic analysis of EU mediation support, identifying key mediation support techniques and the conditions for their success. In terms of mediation support techniques, the EU may rely on “endorsement”, “coordination”, “assistance”, and “lending leverage” to empower and steer third party mediators in line with its mediation objectives and values. We illustrate the utility of the conceptual framework for the EU’s support to IGAD in mediating in South Sudan’s civil war. We find that the EU has contributed significantly to IGAD’s empowerment in terms of endorsement, coordination, assistance, and lending leverage. Simultaneously, our analysis also points to important challenges in the EU-IGAD relationship, which relate to challenges concerning strategic engagement with IGAD’s internal politics that are marked by diverging interests and ties of its member states to the conflict parties.     

Grievance mediation

Conclusion In sum, grievance mediation is a highly successful alternative to labor arbitration. It shares with expedited arbitration the capacity to reduce the time and cost of arbitration, and is more likely to produce mutually acceptable outcomes than is a conference procedure in which the neutral retains decisional authority. It is also more likely than either of those procedures to improve the parties' dispute resolution ability and ultimately their entire relationship.To be sure, not all grievances can be successfully resolved through mediation. Still, its advantages are so great, and its costs so low that an effort to resolve grievances at mediation should be a required step preceding arbitration in all collective bargaining contracts. Stephen B. Goldberg is Professor of Law at Northwestern University Law School, Chicago, Ill., 60611. He is a member of the National Academy of Arbitrators and president of Mediation Research and Education Project, Inc.This article draws in substantial part on material contained in the author's recent book (with William L. Ury and Jeanne M. Brett),Getting Disputes Resolved: Designing Systems to Cut the Costs of Conflict (San Francisco: Jossey-Bass, 1988).     

The effects of opportunities on insurgencies

There are several overlooked aspects of the 1987 Palestinian intifadah. This article focuses on its specific time context and offers an alternative theoretical framework for explaining it: the political process model. This model addresses the when question of social movements, and specifically, why it was that the Palestinian public participated at such an unprecedented level during the period of the intifadah. Comparison is made with collective behaviour and resource mobilization models.     

A matter of balance: the European Union as a mediator in Yemen

The mediation efforts of the European Union (EU) Delegation in Yemen started with the uprising in 2011 which led to the conclusion of the National Dialogue Conference in 2014. This article examines the EU's understanding of mediation vis-à-vis its practice. The case of Yemen lends itself to trace EU mediation capabilities from the implementation of the “Concept on Strengthening Mediation and Dialogue Capacities” to a more systematic approach because the Mediation Support Team (MST) of the European External Action Service took office in 2011. Building on an analytical framework of mediation as a tool of EU foreign policy, this article demonstrates how EU mediation presents itself along a political and a technical dimension. The collaboration of the MST and the EU Delegation personnel in Yemen fostered an increase in mediation awareness. However, it could not develop its full potential as the UN Special Advisor sidelined the EU and other members of the Group of Ten Ambassadors through his proactive approach. Despite those difficulties of standing up to established actors in the field, this study argues that EU mediation is about balancing its political and technical dimension. For now, the political seems to outweigh the craft of mediation in the case of Yemen.