The Mediation Handbook: Research, Theory, and Practice

Description

The Handbook of Mediation gathers leading experts across fields related to peace, justice, human rights, and conflict resolution to explore ways that mediation can be applied to a range of spectrums, including new age settings, relationships, organizations, institutions, communities, environmental conflicts, and intercultural and international conflicts. The text is informed by cogent theory, state-of-the-art research, and best practices to provide the reader with a well-rounded understanding of mediation practice in contemporary times. Based on four signature themes—contexts; skills and competencies; applications; and recommendations—the handbook provides theoretical, applicable, and practical insight into a variety of key approaches to mediation. Authors consider modern conflict on a local and global scale, emphasizing the importance of identifying effective strategies, foundations, and methods to shape the nature of a mediation mindfully and effectively. With a variety of interdisciplinary perspectives, the text complements the development of the reader’s competencies and understanding of mediation in order to contribute to the advancement of the mediation field. With a conversational tone that will welcome readers, this comprehensive book is essential reading for students and professionals wanting to learn a wide range of potential interventions for conflict. Cover Half Title Title Page Copyright Page Dedication Table of Contents List of illustrations List of contributors Acknowledgement Preface Introduction: Revealing the world of mediation References PART I: Promoting dynamic mediation in the new age 1. Mediation career trends through time: Exploring opportunities and challenges What is mediation? Skills, knowledge and training needed to be a mediator Recommendations, opportunities and challenges Conclusion References 2. Online technology: The new frontier for mediation and conflict engagement Mediation in the digital age New frontiers in mediation Current options for online mediation The future of online mediation Conclusion Note References 3. Story-based inter-group mediation Storytelling Story-based mediation Examples of story-based inter-group mediation Addressing the limits of mediation Considerations in development of a story-based mediation project References 4. The intersection of improv and mediation Improv defined Improv in mediation Take away Notes References 5. Value-centered mediation: The centrality and use of meaning and values Prologue Value-centered mediation: defined The origins of value-centered mediation The underlying principles of VCM The process and techniques of VCM Conclusion References 6. Electronic mediation The many faces of e-mediation Mediator functions Effectiveness of e-mediation Challenges to e-mediation systems Recommendations for mediators Conclusion Note References 7. Mediation and spirituality Mediation Spirituality Mediation and spirituality The healing nature of mediation References PART II: Mediating in relational settings 8. Transformative mediation: Illustrating a relational view of conflict intervention Relational premises Principles of relational practice Theory to practice: cases and commentary Conclusion Notes References 9. Narrative mediation of family conflict What is a narrative? Goal of narrative mediation Double listening Externalizing conversation Mapping the effects of a conflict The counter story Concluding remarks References 10. Victim-offender mediation: A humanistic approach What is restorative justice? What is humanistic victim-offender mediation? Conclusion References 11. Brain science behind mediating relational conflicts Conflict and brain science Conclusion Recommendations for mediators Note References 12. Mindfulness in mediation as a relational practice The relational paradigm Mindfulness: a relational framework Challenges for mediation settings Conclusion Notes References 13. Mediation and collaboration with multiple disciplines: The implementation of systemic theory in alternative dispute resolution Casualties of divorce Divorce options: litigation vs. ADR A better way to dissolution: alternative dispute resolution The integration of systems theory as a basis for collaboration and cooperation Best practices for helping Implications for additional research References 14. Dynamic mediation: Integrating forgiveness Definitions and descriptions of forgiveness The benefits of forgiveness and its implications for mediation Recommendations for weaving forgiveness into mediation Conclusion References PART III: Mediating in organizational and institutional settings 15. Mediation within and between organizations Kinds of organizational mediators Four factors that influence the form of mediator assistance Toward a more integrative view of mediation Notes References 16. Organizational conflict management systems: The emergence of mediators as conflict resolution professionals Costs of conflict for organizations and their members Conflict management systems (CMS) Mediators emerge as conflict resolution professionals Characteristics of a good CMS An effective CMS designer: emotional and multiple intelligences Education, tools, and training for conflict management Conclusion References 17. Effectiveness of mediation in the state agency grievance process Assessment process Department of Corrections: Employee Mediation and Grievance Process Department of Health and Human Services: Employee Appeals and Grievance policy Implications for including mediation in a grievance process Notes References 18. Mediation and dispute resolution services in higher education Significant developments in the history of ADR practices in higher education Costs of conflict Variety of ADR services Where we are now and where we need to go Note References 19. Mediation as a tool for resolving workplace conflicts Organizational conflict from a different perspective Mediating intractable workplace conflict situations Conclusion References 20. Health care mediation: Promoting workplace collaboration and patient safety Mediation in health care Mediation for the health care team Mediation between health care providers and patients Conclusions and recommendations References 21. Institutionalized mediation and access to justice in the State Court System of the United States History of court mediation in the United States Mediation in the courts Legislation, rules, and standards Certification and qualification Court mediation programs Predominant mediation styles in court programs Benefits and challenges of court mediation programs Technology Access to justice Note References PART IV: Mediating in community settings 22. Promoting peaceful communities: The challenges and benefits of community-police mediation What does mediation look like in the context of resolving public complaints against police officers? The benefits and challenges of integrating a mediation program into a police department Components of a basic police mediation program Building a culture of conflict prevention Conclusion Notes References 23. The Prison of Peace project: A model for community transformation The Prison of Peace project: an experiment in radical peacemaking Conclusion Notes References 24. Sustaining peer mediation: Assessing challenges and opportunities for peace educators Sustaining relevance Sustaining resources in a neoliberal era: a question of political will Concluding observations References 25. Encouraging effectiveness through communication competence in community mediation Community mediation Mediator style Mediator interventions Context sensitivity Pre-mediation concerns Mediation session activities Conclusion References 26. The space of conflict: Aesthetic lessons for mediators Prelude: recognize the attributes of physical space Lesson one: practice dynamic listening Lesson two: design the space for everyone’s trust Lesson three: witness the experience of others Recommendations Conclusion: lessons learned/knots untied Notes References 27. From peers to community: Transferring peer mediation skills from school to community The concept and the emergence of peer mediation in schools Purpose of conflict resolution programs in schools Six-step model of peer mediation Transferring peer mediation skills to community settings—the Peacemakers program Evaluation of peer mediation Conclusion References PART V: Mediating within environmental settings 28. Conflict, climate change, and environmental catastrophe: How mediators can help save the planet The logical chain Global interdependency The problem with existing solutions What needs to be done Note References 29. Mediators as advocates in climate negotiations: The power of neutrality Advocacy in the public policy sector Informed intervention Complex community processes The discipline of neutrality Our outcomes Outcomes of MBBI climate change team Suggested development and cautions for mediators involved in climate issues Notes References 30. The role of mediation in large-scale collaborative initiatives on forest resource management Context Landscape-scale collaboration, mediation, and facilitation defined—initially Conclusion Notes References 31. Mediation at the nexus of climate change and conflict Context The opportunity Case study A growth industry Conclusion References 32. The public sector as mediator: The role of public institutions in environmental collaboration and conflict resolution Public sector ECCR institutions in the United States Attributes and functions of public sector environmental mediation institutions Conclusion References PART VI: Mediating in international and intercultural settings 33. Thinking locally, acting globally: Mediating beyond borders and integrated global capacity building What can be done? Conflict as a border or boundary condition Why we need integrated global capacity building Six integrated intervention strategies A 12-step program for integrated capacity building Notes References 34. International multiparty mediation The crowded stage of international mediation Benefits and liabilities of multiparty mediation Fostering cooperation and coordination Conclusion and policy recommendations References 35. Exploring international mediation: Past, present and beyond Cultural impacts of mediation The drivers of modern mediation Conclusion Notes References 36. Culture, religion and politics in international mediation Culture, religion, and conflict resolution Culture, religion, and the state: the secular bias in IR (and CR) Why and how culture and religion matter: power and politics Culture, religion, and politics in international peacebuilding Conclusion: principles and lessons learned Notes References 37. International mediation: Some observations and reflections Marieke Kleiboer’s conceptual mediation model Some mediation models Some lessons learned Conclusion References 38. Success and failure of international mediation: Examining causes and conditions that impede or assist process success Factors impacting success and failure Types of interveners Types of intervention Types of agreements Conclusion References 39. Mediation and the challenge of fostering reconciliation in ethnopolitical disputes: The case of Guyana Mediation standards and strategies Background to Guyana’s ethno-political conflicts Guyana’s historical attempts at mediation and resolution Carter Center electoral and reconciliation efforts Comparisons with Commonwealth, Caricom, and UNDP approaches Assessing mediation successes and failures in the Guyana case Conclusion Note References 40. Mediating in the shadow of conflict: United States Special Operations Forces in unconventional warfare The shift in violent conflict resolution Sociocultural competence of the historical narrative and its conflict stories Future applications in SOF mediation Conclusion: understanding the difference between negotiated war and mediated conflict wars among nations Note References 41. Religion and mediation: Strange bedfellows or natural allies? Mediation and peacebuilding Mediating ethno-religious conflicts Centrality of mediator identity for effective mediation Faith-based actors as mediators Potential impacts of faith-based mediators Conclusion References 42. Mediating peacebuilding in protracted conflicts: An interactive design framework An interactive design framework for mediation with multiple parties Challenges and limitations Conclusion Notes References Conclusion: The future of mediation in a changing world A glimpse of the past to understand the present and the future Crosscutting themes of this volume Looking to the future of mediation in a changing world Notes References Index