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The Mediation Dilemma
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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 . This book was released on 2011 with total page 240 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 Rooseveltʹs 1905 mediation in the Russo-Japanese War; and Carterʹs 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. -- Book jacket.
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 220 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.
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.
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
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.
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.
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.
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 402 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.
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.
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.
Download or read book Mediation written by Freddie Strasser and published by A&C Black. This book was released on 2004-12-30 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is about conflict resolution through mediation, from a psychological perspective. Although written in part from the point of view of litigation, the objective is to demonstrate how an appreciation of the psychological aspects of conflict and an understanding of the emotional strategies people adopt in dispute situations can assist both lawyers and non-lawyers in resolving conflicts. The book consists of three sections- a theoretical analysis of conflict and conflict resolution; a practical, legal and experiential explanation of mediation; and thirdly a series of mock mediations, comprehensively analysed from the viewpoint of the mediator and the parties, providing tips and guidance on the dilemmas and pitfalls that mediators encounter. The book is based on three fundamental tenets: that conflict is ever present, and cannot be eliminated but can be worked with; that the attitude and stance of the mediator towards the dispute can be of significance to the outcome; and above all that the use of psychotherapeutic tools can facilitate a paradigm shift in the parties' approach to conflict. The authors demonstrate how the mediator can move parties in dispute from a position of intransigent adversity to a working alliance, and thereby achieve a 'good enough ' resolution.
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).
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
Book Synopsis A Game Theory Approach to Mediation by : Kevin Boileau
Download or read book A Game Theory Approach to Mediation written by Kevin Boileau and published by . This book was released on 2015-02-19 with total page 106 pages. Available in PDF, EPUB and Kindle. Book excerpt: A game theory approach to mediation opens up a whole new world in strategic thinking for mediators and those who are concerned with understanding how to resolve conflict on all levels. There is no mathematics in this volume, which will allow most readers to immerse themselves in this type of thinking in an easy way.
Book Synopsis Contemporary Issues In Mediation - Volume 6 by : Joel Lee
Download or read book Contemporary Issues In Mediation - Volume 6 written by Joel Lee and published by World Scientific. This book was released on 2021-08-31 with total page 166 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contemporary Issues in Mediation (CIIM) Volume 6 builds on the success of the past five volumes as testament to a growing interest of authors and readers in the wide variety of issues that arise with mediation. Readers stand to benefit from a diverse range of topics especially selected for their high quality of research and novelty that cannot be replicated elsewhere. With the recent ratification of the Singapore Convention on Mediation in 2020, there is no doubt that mediation is and will continue to be extremely pertinent in the world of dispute resolution. The COVID-19 situation and evolution of technology has also heralded a new era of cross-border and domestic online dispute resolution. Edited by Singapore's leading expert on mediation and negotiation, Professor Joel Lee, and former Chief Executive Officer of the Singapore International Mediation Institute (SIMI), Marcus Lim, CIIM is a unique and valuable addition to the growing body of mediation and dispute resolution literature.
Book Synopsis Mediation in International Commercial and Investment Disputes by : Catharine Titi
Download or read book Mediation in International Commercial and Investment Disputes written by Catharine Titi and published by Oxford University Press, USA. This book was released on 2019 with total page 417 pages. Available in PDF, EPUB and Kindle. Book excerpt: Until now, the resolution of international commercial and investment disputes has been dominated almost exclusively by international arbitration. But that is changing. Whilst they may be complementary mechanisms, international mediation and conciliation are now coming to the fore. Mediation rules that were in disuse gather momentum, and dispute settlement centres are introducing new mediation rules. The European Union is encouraging international mediation in both the commercial and investment spheres. The 2019 Singapore Mediation Convention of the United Nations Commission on International Trade Law (UNCITRAL) is aiming to ensure enforcement of international commercial settlement agreements resulting from mediation. The first investor-State disputes are mediated under the International Bar Association (IBA) rules. The International Centre for Settlement of Investment Disputes (ICSID)'s conciliation mechanism is resorted to more often than in the past. The International Chamber of Commerce (ICC) has recently administered its first mediation case based on a bilateral investment treaty, and a new training market on mediation is flourishing. Mediation in Commercial and Investment Disputes brings together a line-up of outstanding, highly-qualified experts from academia, mediation and arbitration institutions, and international legal practice, to address this highly topical, complex subject from a variety of angles.
Download or read book Expert Mediators written by Jean Poitras and published by Rowman & Littlefield Publishers. This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the last three decades, mediation has been increasingly used in the United States and elsewhere. Much has been written about the philosophical underpinnings and ethical dilemmas of mediation as well as its applications both within judicial systems and beyond the limits of these systems. However, some very basic challenges remain: How can entrenched positions, strong emotions, and cultural differences be dealt with? Mediation expertise is truly achieved when a mediator learns to overcome these challenges through experience and intuition. To speed up the learning curve of mediation expertise, Jean Poitras and Susan Raines have benchmarked the mediation process in Expert Mediators: Overcoming Mediation Challenges in Workplace, Family, and Community Conflicts. Tapping the experience and wisdom of over 175 highly qualified mediators from across different realms of the mediation practice (e.g., family mediation, workplace mediation, commercial mediation) and across geographic regions (e.g., U.S., Australia, Europe, Israel, Canada), this book integrates best practices in order to improve the performance of mediators. For each proposed strategy, this book discusses conditions under which each practice should be used as well as approaches to mitigate risks associated with using each strategy and technique.
