The Promise of Mediation: Responding to Conflict Through Empowerment and Recognition / Edition 1

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Over the past three decades mediation has been increasingly used as an alternative process for resolving disputes. But as the field has grown and become institutionalized, mediators have come under increasing pressure to take a directive approach to practice in order to generate agreements and solve problems. The "problem-solving" approach - where reaching agreement is paramount - now characterizes the contemporary mediation movement. This approach, say authors Robert A. Baruch Bush and Joseph P. Folger, neglects the most important dimension of the process: its potential to change the people themselves who are in the very midst of conflict - giving them both a greater sense of their own efficacy and a greater openness to others. The Promise of Mediation explores the transformative potential of mediation, showing what that potential is, why it is important, and how it can be realized in practice. The authors present an alternative theoretical framework for understanding conflict and mediation, based on valuing both personal strength and compassion for others. They offer a highly concrete, case-illustrated introduction to the actual practice of transformative mediation, using a range of examples and two detailed case studies. Drawing on their own experience and on a wide body of research, the authors offer those at all levels in the mediation field - practitioners, administrators, policy makers, and researchers - a new and useful perspective to help take stock of how mediation is currently practiced, assess what it can accomplish, and make choices about how to develop the process in the future. They present a powerful case that realizing the full promise of mediation means giving the transformative approach to mediation a central place in theory, policy, and practice.

This book explores the transformative potential of mediation, showing what that potential is, why it is important, and how it can be realized in practice. While presenting an alternative vision of conflict--one that values both personal strength and compassion for others--the authors offer a practical, case-illustrated approach to transformative mediation.

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Product Details

  • ISBN-13: 9780787900274
  • Publisher: Wiley, John & Sons, Incorporated
  • Publication date: 1/28/1994
  • Series: Management Series
  • Edition description: Older Edition
  • Edition number: 1
  • Pages: 320
  • Product dimensions: 6.25 (w) x 9.31 (h) x 1.03 (d)

Table of Contents

The Authors
Introduction: The Future of Mediation: What's at Stake and Why It Matters 1
Pt. 1 Mediation at the Crossroads 13
1 The Mediation Movement: Four Diverging Views 15
2 Losing Sight of the Goal of Transformation: The Focus on Satisfaction and Settlement 33
3 Solving Problems: The Limits of Current Mediation Practice 55
Pt. 2 The Transformative Approach to Mediation 79
4 Changing People, Not Just Situations: A Transformative View of Conflict and Mediation 81
5 Rethinking the Process: A Case Example of How Mediation Might Work 113
6 Capturing Opportunities for Empowerment and Recognition: A Case Analysis of Transformative Mediation in Practice 139
Pt. 3 Practicing the Transformative Approach 189
7 Identifying Patterns for Practice: The Process of Transformative Mediation 191
8 Avoiding Pitfalls in Transformative Mediation: The Connection Between Purpose and Practice 209
Pt. 4 A Larger Context for Mediation 227
9 Underlying Values: Why Transformation Matters 229
10 Implementing the Transformative Approach: Inroads and Obstacles 261
References 285
Index 292
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