The Mediation Dilemma

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The Mediation Dilemma

Author : Kyle Beardsley
Publisher : Cornell University Press
ISBN 13 : 0801462622
Total Pages : 228 pages
Book Rating : 4.8/5 (14 download)

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Book Synopsis The Mediation Dilemma by : Kyle Beardsley

Download or read book The Mediation Dilemma written by Kyle Beardsley and published by Cornell University Press. This book was released on 2011-09-15 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: Mediation has become a common technique for terminating violent conflicts both within and between states; while mediation has a strong record in reducing hostilities, it is not without its own problems. In The Mediation Dilemma, Kyle Beardsley highlights its long-term limitations. The result of this oft-superficial approach to peacemaking, immediate and reassuring as it may be, is often a fragile peace. With the intervention of a third-party mediator, warring parties may formally agree to concessions that are insupportable in the long term and soon enough find themselves at odds again. Beardsley examines his argument empirically using two data sets and traces it through several historical cases: Henry Kissinger's and Jimmy Carter's initiatives in the Middle East, 1973–1979; Theodore Roosevelt's 1905 mediation in the Russo-Japanese War; and Carter’s attempt to mediate in the 1994 North Korean nuclear crisis. He also draws upon the lessons of the 1993 Arusha Accords, the 1993 Oslo Accords, Haiti in 1994, the 2002 Ceasefire Agreement in Sri Lanka, and the 2005 Memorandum of Understanding in Aceh. Beardsley concludes that a reliance on mediation risks a greater chance of conflict relapse in the future, whereas the rejection of mediation risks ongoing bloodshed as war continues. The trade-off between mediation’s short-term and long-term effects is stark when the third-party mediator adopts heavy-handed forms of leverage, and, Beardsley finds, multiple mediators and intergovernmental organizations also do relatively poorly in securing long-term peace. He finds that mediation has the greatest opportunity to foster both short-term and long-term peace when a single third party mediates among belligerents that can afford to wait for a self-enforcing arrangement to be reached.

The Mediation Dilemma

Author : Kyle Beardsley
Publisher : Cornell University Press
ISBN 13 : 0801450039
Total Pages : 253 pages
Book Rating : 4.8/5 (14 download)

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Book Synopsis The Mediation Dilemma by : Kyle Beardsley

Download or read book The Mediation Dilemma written by Kyle Beardsley and published by Cornell University Press. This book was released on 2011-08-18 with total page 253 pages. Available in PDF, EPUB and Kindle. Book excerpt: While mediation has a strong record in reducing hostilities, it is not without its own problems. In The Mediation Dilemma, Kyle Beardsley highlights its long-term limitations.

The Conflict Paradox

Author : Bernard S. Mayer
Publisher : John Wiley & Sons
ISBN 13 : 1118852915
Total Pages : 341 pages
Book Rating : 4.1/5 (188 download)

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Book Synopsis The Conflict Paradox by : Bernard S. Mayer

Download or read book The Conflict Paradox written by Bernard S. Mayer and published by John Wiley & Sons. This book was released on 2015-01-12 with total page 341 pages. Available in PDF, EPUB and Kindle. Book excerpt: Find the roadmap to the heart of the conflict The Conflict Paradox is a guide to taking conflict to a more productive place. Written by one of the founders of the professional conflict management field and co-published with the American Bar Association, this book outlines seven major dilemmas that conflict practitioners face every day. Readers will find expert guidance toward getting to the heart of the conflict and will be challenged to adopt a new way to think about the choices disputants face,. They will also be offered practical tools and techniques for more successful intervention. Using stories, experiences, and reflective exercises to bring these concepts to life, the author provides actionable advice for overcoming roadblocks to effective conflict work. Disputants and interveners alike are often stymied by what appear to be unacceptable alternatives,. The Conflict Paradox offers a new way of understanding and working with these so that they become not obstacles but opportunities for helping people move through conflict successfully.. Examine the contradictions at the center of almost all conflicts Learn how to bring competition and cooperation, avoidance and engagement, optimism and realism together to make for more power conflict intervention Deal effectively with the tensions between emotions, and logic, principles and compromise, neutrality and advocacy, community and autonomy Discover the tools and techniques that make conflicts less of a hurdle to overcome and more of an opportunity to pursue Conflict is everywhere, and conflict intervention skills are valuable far beyond the professional and legal realms. With insight and creativity, solutions are almost always possible. For conflict interveners and disputants looking for an effective and creative approach to understanding and working with conflict , The Conflict Paradox provides a powerful and important roadmap for conflict intervention.

The Mediation Dilemma

Author : Kyle Beardsley
Publisher : Cornell University Press
ISBN 13 : 0801462614
Total Pages : 253 pages
Book Rating : 4.8/5 (14 download)

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Book Synopsis The Mediation Dilemma by : Kyle Beardsley

Download or read book The Mediation Dilemma written by Kyle Beardsley and published by Cornell University Press. This book was released on 2011-09-15 with total page 253 pages. Available in PDF, EPUB and Kindle. Book excerpt: Mediation has become a common technique for terminating violent conflicts both within and between states; while mediation has a strong record in reducing hostilities, it is not without its own problems. In The Mediation Dilemma, Kyle Beardsley highlights its long-term limitations. The result of this oft-superficial approach to peacemaking, immediate and reassuring as it may be, is often a fragile peace. With the intervention of a third-party mediator, warring parties may formally agree to concessions that are insupportable in the long term and soon enough find themselves at odds again. Beardsley examines his argument empirically using two data sets and traces it through several historical cases: Henry Kissinger's and Jimmy Carter's initiatives in the Middle East, 1973–1979; Theodore Roosevelt's 1905 mediation in the Russo-Japanese War; and Carter’s attempt to mediate in the 1994 North Korean nuclear crisis. He also draws upon the lessons of the 1993 Arusha Accords, the 1993 Oslo Accords, Haiti in 1994, the 2002 Ceasefire Agreement in Sri Lanka, and the 2005 Memorandum of Understanding in Aceh. Beardsley concludes that a reliance on mediation risks a greater chance of conflict relapse in the future, whereas the rejection of mediation risks ongoing bloodshed as war continues. The trade-off between mediation’s short-term and long-term effects is stark when the third-party mediator adopts heavy-handed forms of leverage, and, Beardsley finds, multiple mediators and intergovernmental organizations also do relatively poorly in securing long-term peace. He finds that mediation has the greatest opportunity to foster both short-term and long-term peace when a single third party mediates among belligerents that can afford to wait for a self-enforcing arrangement to be reached.

Mediation Ethics

Author : Ellen Waldman
Publisher : John Wiley & Sons
ISBN 13 : 0787995886
Total Pages : 470 pages
Book Rating : 4.7/5 (879 download)

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Book Synopsis Mediation Ethics by : Ellen Waldman

Download or read book Mediation Ethics written by Ellen Waldman and published by John Wiley & Sons. This book was released on 2011-03-29 with total page 470 pages. Available in PDF, EPUB and Kindle. Book excerpt: Mediation Ethics is a groundbreaking text that offers conflict resolution professionals a much-needed resource for traversing the often disorienting landscape of ethical decision making. Edited by mediation expert Ellen Waldman, the book is filled with illustrative case studies and authoritative commentaries by mediation specialists that offer insight for handling ethical challenges with clarity and deliberateness. Waldman begins with an introductory discussion on mediation's underlying values, its regulatory codes, and emerging models of practice. Subsequent chapters treat ethical dilemmas known to vex even the most experienced practitioner: power imbalance, conflicts of interest, confidentiality, attorney misconduct, cross-cultural conflict, and more. In each chapter, Waldman analyzes the competing values at stake and introduces a challenging case, which is followed by commentaries by leading mediation scholars who discuss how they would handle the case and why. Waldman concludes each chapter with a synthesis that interprets the commentators' points of agreement and explains how different operating premises lead to different visions of what an ethical mediator should do in a given case setting. Evaluative, facilitative, narrative, and transformative mediators are all represented. Together, the commentaries showcase the vast diversity that characterizes the field today and reveal the link between mediator philosophy, method, and process of ethical deliberation. Commentaries by Harold Abramson Phyllis Bernard John Bickerman Melissa Brodrick Dorothy J. Della Noce Dan Dozier Bill Eddy Susan Nauss Exon Gregory Firestone Dwight Golann Art Hinshaw Jeremy Lack Carol B. Liebman Lela P. Love Julie Macfarlane Carrie Menkel-Meadow Bruce E. Meyerson Michael Moffitt Forrest S. Mosten Jacqueline Nolan-Haley Bruce Pardy Charles Pou Mary Radford R. Wayne Thorpe John Winslade Roger Wolf Susan M. Yates

Mediation Ethics

Author : Rachael Field
Publisher : Edward Elgar Publishing
ISBN 13 : 1786437783
Total Pages : 264 pages
Book Rating : 4.7/5 (864 download)

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Book Synopsis Mediation Ethics by : Rachael Field

Download or read book Mediation Ethics written by Rachael Field and published by Edward Elgar Publishing. This book was released on 2020-05-29 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: Traditional ideas of mediator neutrality and impartiality have come under increasing attack in recent decades. There is, however, a lack of consensus on what should replace them. Mediation Ethics offers a response to this question, developing a new theory of mediation that emphasises its nature as a relational process.

Theory and Practice of International Mediation

Author : Jacob Bercovitch
Publisher : Routledge
ISBN 13 : 1136827137
Total Pages : 303 pages
Book Rating : 4.1/5 (368 download)

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Book Synopsis Theory and Practice of International Mediation by : Jacob Bercovitch

Download or read book Theory and Practice of International Mediation written by Jacob Bercovitch and published by Routledge. This book was released on 2011-01-05 with total page 303 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume brings together some of the most significant papers on international conflict mediation by Professor Jacob Bercovitch, one of the leading scholars in the field. It has become common practice to note that mediation has been, and remains, one of the most important structures of dealing with and resolving social conflicts. Irrespective of the level of political or social organization, of their location in time and space, and of the political sophistication of a society, mediation has always been there to help deal with conflicts. As a method of conflict management, the practice of settling disputes through intermediaries has had a rich history in all cultures, both Western and non-Western. In some non-Western countries (especially in the Middle East and China) mediation has been the most important and enduring structure of conflict resolution. Jacob Bercovitch has been at the forefront of developments in international conflict mediation for more than 25 years, and is generally recognized as one of the most important scholars in the field. His theoretical and empirical analyses have come to define the parameters in the study of mediation. This volume will help scholars and practitioners trace the history of the field, its position today and its future and will be of much interest to all students of mediation, negotiation, conflict management, international security and international relations in general.

Mediation in International Relations

Author : J. Bercovitch
Publisher : Springer
ISBN 13 : 0230374697
Total Pages : 302 pages
Book Rating : 4.2/5 (33 download)

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Book Synopsis Mediation in International Relations by : J. Bercovitch

Download or read book Mediation in International Relations written by J. Bercovitch and published by Springer. This book was released on 1994-01-13 with total page 302 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of articles examines mediation in a range of situations including international relations, informal mediation by private individuals and by scholars and practitioners, as well as the superpowers as mediators.

Eu Cross-Border Commercial Mediation

Author : Anna Howard
Publisher : Kluwer Law International
ISBN 13 : 9789403517537
Total Pages : 288 pages
Book Rating : 4.5/5 (175 download)

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Book Synopsis Eu Cross-Border Commercial Mediation by : Anna Howard

Download or read book Eu Cross-Border Commercial Mediation written by Anna Howard and published by Kluwer Law International. This book was released on 2021-01-13 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: EU Cross-Border Commercial Mediation' is a book which focuses on the European Union?s (EU?s) continued efforts to encourage the use of cross-border mediation and examines why such efforts have had a limited impact. It does so by drawing on rare, and at times surprising, detailed insights from the in-house counsel of multinational companies regarding their use of EU cross-border commercial mediation. By viewing mediation through the disputants? perspective, new and important findings regarding why disputants do, and do not, use cross-border mediation have emerged. While these findings are of primary relevance to EU policy and practice, they have implications far beyond the EU context at a time of increasing international interest in cross-border mediation.

Arbitration and Mediation in International Business

Author : Christian Bühring-Uhle
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041122567
Total Pages : 334 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Arbitration and Mediation in International Business by : Christian Bühring-Uhle

Download or read book Arbitration and Mediation in International Business written by Christian Bühring-Uhle and published by Kluwer Law International B.V.. This book was released on 2006-01-01 with total page 334 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Arbitration and mediation in international business was first published in 1996 and was one of the first comprehensive studies on the practice of international business dispute resolution, covering both international commercial arbitration and the so-called ?alternative? techniques such as mediation. The book also provided an empirical analysis of how both arbitration and mediation are conducted in a crossborder context, along with a normative guide to the relative costs and benefits of these two methods. This second edition is not just an updated version of the first edition but a new book in itself: Benefitting from the contributions of two co-authors, the work has been enhanced by discussions of innovative tools for making settlement negotiations more effective, and by the in-depth analysis of practical techniques to integrate mediation and arbitration in international business. Also, a comprehensive new empirical survey was conducted in order to capture new trends in this rapidly developing field. The result is a ?must have? resource for anyone having to deal with potential conflict in international business relationships."--Publisher's website.

Mediation Theory and Practice

Author : Suzanne McCorkle
Publisher : SAGE Publications
ISBN 13 : 1506363520
Total Pages : 397 pages
Book Rating : 4.5/5 (63 download)

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Book Synopsis Mediation Theory and Practice by : Suzanne McCorkle

Download or read book Mediation Theory and Practice written by Suzanne McCorkle and published by SAGE Publications. This book was released on 2018-03-23 with total page 397 pages. Available in PDF, EPUB and Kindle. Book excerpt: Mediation Theory and Practice, Third Edition introduces you to the process of mediation by using practical examples that show you how to better manage conflicts and resolve disputes. Authors Suzanne McCorkle and Melanie J. Reese help you to understand the research and theory that underlie mediation, as well as provide you with the foundational skills a mediator must possess in any context, including issue identification, setting the agenda for negotiation, problem solving, settlement, and closure. New to the Third Edition: Expanded content on the role of evaluative mediation reflects the latest changes to the alternative dispute resolution field, helping you to distinguish between various approaches to mediation. Additional discussions around careers in conflict management familiarize you with employment opportunities for mediators, standards of professional conduct, and professional mediator competencies. New activities and case studies throughout each chapter assist you in developing their mediation competency.

Nested Security

Author : Erin K. Jenne
Publisher : Cornell University Press
ISBN 13 : 1501701266
Total Pages : 261 pages
Book Rating : 4.5/5 (17 download)

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Book Synopsis Nested Security by : Erin K. Jenne

Download or read book Nested Security written by Erin K. Jenne and published by Cornell University Press. This book was released on 2015-11-02 with total page 261 pages. Available in PDF, EPUB and Kindle. Book excerpt: Why does soft power conflict management meet with variable success over the course of a single mediation? In Nested Security, Erin K. Jenne asserts that international conflict management is almost never a straightforward case of success or failure. Instead, external mediators may reduce communal tensions at one point but utterly fail at another point, even if the incentives for conflict remain unchanged. Jenne explains this puzzle using a "nested security" model of conflict management, which holds that protracted ethnic or ideological conflicts are rarely internal affairs, but rather are embedded in wider regional and/or great power disputes. Internal conflict is nested within a regional environment, which in turn is nested in a global environment. Efforts to reduce conflict on the ground are therefore unlikely to succeed without first containing or resolving inter-state or trans-state conflict processes. Nested security is neither irreversible nor static: ethnic relations may easily go from nested security to nested insecurity when the regional or geopolitical structures that support them are destabilized through some exogenous pressure or shocks, including kin state intervention, transborder ethnic ties, refugee flows, or other factors related to regional conflict processes. Jenne argues that regional security regimes are ideally suited to the management of internal conflicts, because neighbors that have a strong incentive to work for stability provide critical hard-power backing to soft-power missions. Jenne tests her theory against two regional security regimes in Central and Eastern Europe: the interwar minorities regime under the League of Nations (German minorities in Central Europe, Hungarian minorities in the Carpathian Basin, and disputes over the Åland Islands, Memel, and Danzig), and the ad hoc security regime of the post–Cold War period (focusing on Russian-speaking minorities in the Baltic States and Albanian minorities in Montenegro, Macedonia, and northern Kosovo).

Intergovernmental Mediation

Author : Roger Richman
Publisher : Routledge
ISBN 13 : 0429711670
Total Pages : 249 pages
Book Rating : 4.4/5 (297 download)

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Book Synopsis Intergovernmental Mediation by : Roger Richman

Download or read book Intergovernmental Mediation written by Roger Richman and published by Routledge. This book was released on 2019-04-11 with total page 249 pages. Available in PDF, EPUB and Kindle. Book excerpt: Disputes between government bodies are usually settled through either political bargaining or litigation, but a third method has been successfully utilized in Virginia. Since 1980, a number of municipal annexation disputes have been settled using formal mediation as a tool. The authors draw on their experiences in mediation and local government to

The Mediation Process

Author : Christopher W. Moore
Publisher : Jossey-Bass
ISBN 13 :
Total Pages : 384 pages
Book Rating : 4.:/5 (321 download)

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Book Synopsis The Mediation Process by : Christopher W. Moore

Download or read book The Mediation Process written by Christopher W. Moore and published by Jossey-Bass. This book was released on 1986-03-19 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: Provides mediators and other professionals who use mediationsuch as lawyers, therapists, and personnel managerswith comprehensive, step-by-step instruction in effective dispute resolution strategies.

Manager as Negotiator

Author : David A. Lax
Publisher : Simon and Schuster
ISBN 13 : 1439105200
Total Pages : 619 pages
Book Rating : 4.4/5 (391 download)

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Book Synopsis Manager as Negotiator by : David A. Lax

Download or read book Manager as Negotiator written by David A. Lax and published by Simon and Schuster. This book was released on 1987-01-05 with total page 619 pages. Available in PDF, EPUB and Kindle. Book excerpt: This fine blend of Harvard scholarship and seasoned judgment is really two books in one. The first develops a sophisticated approach to negotiation for executives, attorneys, diplomats -- indeed, for anyone who bargains or studies its challenges. The second offers a new and compelling vision of the successful manager: as a strong, often subtle negotiator, constantly shaping agreements and informal understandings throughout the complex web of relationships in an organization. Effective managers must be able to reach good formal accords such as contracts, out-of-court settlements, and joint venture agreements. Yet they also have to negotiate with others on whom they depend for results, resources, and authority. Whether getting fuller support from the marketing department, hammering out next year's budget, or winning the approval for a new line of business, managers must be adept at advantageously working out and modifying understandings, resolving disputes, and finding mutual gains where interests and perceptions conflict. In such situations, The Manager as Negotiator shows how to creatively further the totality of one's interests, including important relationships -- in a way that Richard Walton, Harvard Business School Professor of Organizational Behavior, describes as "sensitive to the nuances of negotiating in organizations" and "relentless and skillful in making systematic sense of the process." This book differs fundamentally from the recent spate of negotiation handbooks that tend to espouse one of two approaches: the competitive ("Get yours and most of theirs, too") or the cooperative ("Everyone can always win"). Transcending such cynical and naive views, the authors develop a comprehensive approach, based on strategies and tactics for productively managing the tension between the cooperation and competition that are both inherent in bargaining. Based on the authors' extensive experience with hundreds of cases, and peppered with a number of wide-ranging examples, The Manager as Negotiator will be invaluable to novice and experienced negotiators, public and private managers, academics, and anyone who needs to know the state of the art in this important field.

International Mediation

Author : Jacob Bercovitch
Publisher :
ISBN 13 : 9780803985391
Total Pages : 125 pages
Book Rating : 4.9/5 (853 download)

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Book Synopsis International Mediation by : Jacob Bercovitch

Download or read book International Mediation written by Jacob Bercovitch and published by . This book was released on 1991 with total page 125 pages. Available in PDF, EPUB and Kindle. Book excerpt: Expressing a variety of perspectives and ideas, this volume of essays on mediation features material on mediator behaviour and consultation. Specific case studies describe mediation in the Middle East and Central America, and one essay focuses on the mediation role of the United Nations.

Debriefing Mediators to Learn from Their Experiences

Author : Simon J. A. Mason
Publisher : US Institute of Peace Press
ISBN 13 : 1601270526
Total Pages : 58 pages
Book Rating : 4.6/5 (12 download)

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Book Synopsis Debriefing Mediators to Learn from Their Experiences by : Simon J. A. Mason

Download or read book Debriefing Mediators to Learn from Their Experiences written by Simon J. A. Mason and published by US Institute of Peace Press. This book was released on 2010 with total page 58 pages. Available in PDF, EPUB and Kindle. Book excerpt: The goal of this handbook is to enhance the practice of mediation by showing how lessons from individual mediators can be identified and made available both to their home organization (e.g., a foreign ministry, intergovernmental organization, or nongovernmental organization) and to a wider practitioner audience. More particularly, the handbook gives guidance to staff debriefing mediators who are or have been directly involved in peace negotiations. The focus here is not on self-assessments by the mediators themselves, nor on evaluations of the mediator's performance by external donors, nor on political or psychological debriefing. Instead, this handbook examines methodological debriefing: that is, interviews conducted with the goal of learning lessons about the mediation method from the experience of a specific mediator that are useful for future mediation processes. Methodological debriefing is typically conducted by individuals who have not been directly involved in the mediator's work and who do not seek to judge it but who want to learn the mediator's perspective on what was done and why it was done. Ideally, the mediator will also benefit from the interview by discovering something new through the questions posed, by having the opportunity to recount a challenging experience, or at least by having her or his experiences documented in a structured and objective manner.