The Reflexive Mediator

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.     

The Mediator as Face-Giver

Face issues under the surface can make mediation akin to negotiating a minefield. This article proposes to help mediators map the terrain, uncovering critical face issues that can stymie the negotiation. The author demonstrates how, by using face-giving techniques to diffuse uncovered face issues, mediators can help move the parties through sensitive conflicts to sustainable resolution—with egos and relationships intact.     

Defining Russia

Russia is a state stretching over the Eurasian land mass and with a mixture of both East and West cultures. During the historical process of its shaping, particularly sea changes took place, Russian leaders and the elites as well have always asked the following questions about the definition and orientation of their country: ““Who am I?““ ““How to do?““ and ““Where to?““     

Confessions of a Public Dispute Mediator

Negotiation Journal -     

Negotiatory Alchemy: The Court Special Master as Scientist and Mediator

An environmental health scientist and mediator was appointed for the first time as a special master to oversee cleanup of a hazardous waste site in California. The case analysis examines the creative assimilation of Integra-live/mutual gains bargaining (mediation) into a distributive/zero-sum bargaining construct (litigation). The special master played multiple, overlapping, and conflicting roles as the case unfolded. The interfaces and tensions of these roles produced a hybrid style of dispute resolution, termed mediation-negotiation by the author.     

外事翻译素质及技巧浅谈

本文根据笔者多年从事外事和翻译工作的经验和体会,从外事口译着眼,分析了外事翻译所应具备的素质和技巧,包括外事翻译的标准和要求、互联网在翻译方面的应用等问题。     

Defining Success in Negotiation and Other Dispute Resolution Training

This article describes three types of negotiation courses and asks what range of goals is usually achieved in such courses from the overlapping perspectives of organizers, teachers, and participants. It then translates Benjamin Bloom's categories of educational goals into aspirational goals for any negotiation course.     

Defining Civil War by Examining Post-Soviet Conflicts

Great many violent events happened during 1991–2005 in the 12 states that emerged after the collapse of the USSR but only a few civil wars are registered in the major datasets. That brings up a number of questions about the operational definitions of civil war that generally point in the direction of shifting the research attention from refining the quantitative parameters to grasping the essense of the phenomena in question. It is proposed that civil war partially overlaps with several other type of violent crisis: inter-state wars, civil unrest and revolutions, internal repression, military coups and mutinies, banditry and organized crime, and terrorism. These overlaps create six ‘gray zones’ where only very nuanced examination rather than application of rigid criteria could help in distinguishing civil wars from other crises. Therefore, data collection based on a single “robust” definition, which incorporates several verifiable parameters, is not necessarily the only path to scientific knowledge about civil wars.     

Defining child labour: a controversial debate

While it is internationally agreed that the worst forms of child labour should be eliminated in order to promote children's welfare, the consensus breaks down when trying to define what constitutes ‘light work’. This article seeks to show why it is difficult to get everyone to agree on this issue, focusing on the definition of child labour proposed by the International Labour Organization (ILO).     

Defining international terrorism: A pragmatic approach

One of the fundamental problems in addressing the phenomenon of international terrorism is that despite a plethora of scholarly work and more than thirty years of inter‐governmental discourse there is still no commonly accepted definition of international terrorism. Existing definitions tend to fall into two broad categories academic and political. Contemporary academic definitions of international terrorism are primarily designed to fit incidents into various statistical models. They are often lengthy, over‐complicated and defy common usage. Governmental definitions of international terrorism tend to be ambiguous to allow the most politically convenient interpretation of events. This paper takes a pragmatic look at the ongoing definitional dilemma in the study of international terrorism. Drawing upon both sides of the definitional spectrum, it charts a middle course arguing for a more lucid and functional definition of terrorism based on primary characteristics which distinguish international terrorism from other types of violence.     

Trajectories Toward Peace: Mediator Sequencing Strategies in Intractable Communal Conflicts

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.     

Teaching Negotiation Theory and Skills Over the Internet

Negotiating on-line is becoming an increasingly common phenomenon in the workplace. The medium of the Internet also offers promising, opportunities for negotiation educators to reach out to participants that might otherwise be unable to attend a seminar. The authors used the Internet to teach negotiation theory and skills during a seven-week seminar that was conducted completely over the World Wide Web. This experiment revealed several advantages and difficulties likely to arise in the conduct of distance learning for topics in negotiation. The authors reflect on how they would organize the seminar differently, should they do it again, and offer suggestions for others organizing courses using the Internet.     

Teaching Interpersonal Skills for Negotation and for Life

Students enrolled in the Negotiation Workshop at Harvard Law School during the past twenty years have participated in an innovative exercise called the Interpersonal Skills Exercise (IPS). Developed through a collaboration of therapists and instructors from Harvard Law School, the exercise uses role plays, videotaping, and certain aspects of psychodrama to help students practice interpersonal skills that they have difficulty performing. The exercise allows students to work in an intensive, safe, and interactive environment with feedback from peers and course instructors. This brief note describes the IPS exercise in more detail, outlining its origins, purposes, and structure.