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Mediation, 2006.
A look at the function of mediation.
2,146 words (approx. 8.6 pages), 5 sources, APA, AU$ 97.95
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Abstract
This paper reviews and discusses mediation. According to the paper, mediation is the process in which a third-party neutral, called the mediator, acts as a facilitator to assist in resolving a dispute between two or more parties. The paper discusses the types of mediation, the situations in which mediation is a suitable option, and outlines the advantages and disadvantages and this function.
Outline:
Types of Mediation
Areas in Which Mediation can be Applied
Advantages of Mediation
Disadvantages
Conclusion
From the Paper
"The mediation process can be applied to resolve almost any type of dispute of a collective or individual nature. The process of mediation has for long been recognized in international law and is used for resolving political, economic, or trade related disputes among different countries. The Charter of the United Nations, for example, requires all members to submit disputes to mediation on recommendation of the Security Council. Even before the establishment of the UN, there had been a number of notable mediation efforts internationally. The United States served as mediator between Bolivia and Chile (1882) and the US President Theodore Roosevelt successfully mediated in the Russo-Japanese War in 1905 by brokering a peace agreement between the two countries. The World Trade Organization (WTO) also has important powers to mediate in trade disputes between its member countries."
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Mediation as a Tool in Health Care, 2002.
A discussion of the the use of mediation as a technique and a process for resolving different types of conflicts within the context of the American health care system with an emphasis on physician-assisted suicide.
7,714 words (approx. 30.9 pages), 36 sources, MLA, AU$ 243.95
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Abstract
This research paper examines how mediation is a useful tool for resolving a variety of conflicts which occur in health care settings because it promotes cost-effective, cooperative solutions which stand the best chance of standing the test of time. It looks at how it is especially useful in resolving disputes with high emotional content, including but not limited to bioethical controversies, such as those concerning the continuing or withdrawal of treatment for terminally ill patients.
Outline
Definition and History of Mediation
Factors Behind the Growth of Mediation in Health Care
Malpractice Explosion and the Changing Physician-Patient Relationship
Advantages and Disadvantages of Mediation in Health Care
Qualifications of Health Care Mediators
Dynamics of Health Care Mediation
Role of Mediation in Death and Other Bioethical Decisions
Euthanasia, Including Physician-Assisted Suicide
Conclusions
From the Paper
"Mediation differs from other methods of resolving disputes. If a dispute is settled by avoidance, one of the parties to the dispute yields to the wishes of the other party. If a dispute is settled by private coercion, a resolution of the dispute is imposed by one party on another party. If the parties reach an accommodation or compromise through private negotiation, they do so without the assistance of a third party facilitator. A dispute may also be resolved by legal means, i.e. through litigation in which a judge or jury dictates the final resolution or private arbitration, in which an impartial third party renders a judgment which can be binding (or non-binding) on the parties. One of the distinct advantages of a mediated settlement, as opposed to one imposed through coercion, is that it leads to a resolution in which the participants who fashioned it have a stake in its success. Such settlements, therefore, are more likely to be long-lasting and contribute to a stable relationship in the future between the participants."
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Mediation and Domestic Violence, 2008.
This paper argues against mediation in cases of domestic violence.
1,536 words (approx. 6.1 pages), 6 sources, APA, AU$ 73.95
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Abstract
In this article, the writer notes that the issue of domestic violence has been debated for decades throughout the criminal justice system, government and society. The writer points out that because there has been a steady increase in the number of domestic violence cases over time, it has been suggested that mediation may be the solution to resolving issues, saving families and stopping the continued violence through communication. The writer discusses that mediation, however, by its very nature suggests that there are two parties that are equal and that there is a desire for there to be a solution that is equitable to both individuals. Therefore, the writer maintains that while there are many segments of society that believes that mediation is appropriate in domestic violence cases, it is evident that if equality does not exist between the parties, mediation is not a solution to the issue.
From the Paper
"Although this is becoming the standard of practice in the court system, it is also not always achieved effectively because of the lack of skill in domestic violence cases that exists in the court system. Therefore, wives that have experienced domestic violence may be directed to enter mediation, even though the situation calls for other actions to be taken that would prevent further violence.
"The State of Georgia has determined that mediation can be effective in domestic violence cases if proper screenings occur prior to the onset of the mediation process. The state has placed into affect procedures in which mediation can be considered in domestic violence situations, where there is no threat to the individuals being abused and in which the mediators are specifically trained to work with domestic violence cases."
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Mediation and Conflict Resolution, 2004.
Describes the benefits of conflict resolution through mediation as opposed to traditional means of conflict resolution.
990 words (approx. 4.0 pages), 4 sources, MLA, AU$ 51.95
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Abstract
This paper explains the process of mediation and the different types of mediation, as well as how it differs from traditional methods of conflict resolution, which tend to be antagonistic and create a win-lose atmosphere between parties. The paper also describes the many advantages of pursuing a mediated agreement in comparison to pursuing the adversarial approach in litigation.
From the Paper
"ADR methods may be used either as a result of a legal mandate (sometimes referred to as "imposed" ADR) or voluntarily as a result of an agreement between the parties ("contractual" ADR). Since the right to trial by jury in most cases is constitutionally protected, legally imposed ADR is rarely binding on the parties. Typically, mediation and binding arbitration are the result of a voluntary contractual agreement between the parties. Courts and legislatures generally recognize that individuals may elect to resolve their disputes by some method other than litigation and may, in the case of arbitration, waive their right to a jury trial. As a general rule, courts will enforce agreements to use ADR techniques as long as the agreement is properly and fairly made."
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Mediation Models, 2005.
A comparison of mediation models.
1,150 words (approx. 4.6 pages), 4 sources, APA, AU$ 57.95
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Abstract
This paper provides a comparison of two mediation models. Stages of the mediation process as described by Folberg and Taylor and the Fisher and Urys model of the principled negotiation process is also discussed. The paper also looks at the importance of the mediator's ability to determine communication styles and emotional states of the participants.
From the Paper
"Comparison of Mediation Models Jay Folberg and Alison Taylor describe a mediation process that includes the following stages Introduction creating trust and structure Fact finding and isolation of issues Creation of options and alternatives."
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Mediation and Dispute Resolution, 2005.
This paper examines different forms of alternative dispute resolution and makes a case why mediation is the best of these alternatives to litigation.
1,202 words (approx. 4.8 pages), 2 sources, MLA, AU$ 60.95
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Abstract
This paper discusses how in an increasingly heterogeneous American society, the formality of courts and their adherence to the traditional adversary model has led to the recent emergence of several methods of alternative dispute resolution (ADRs). It examines how some of these methods, which include mediation, negotiation and arbitration, provide an alternative to litigation and have several advantages. It attempts to show that mediation is the most effective form of alternative dispute resolution, by examining the current system, the adversarial system and what aspects of this system create the need for alternative forms of dispute resolution. It also compares its advantages to the other forms of alternate dispute resolution.
From the Paper
"In examining the reasons for the need of alternative dispute resolution, it is necessary to analyze the current method of resolving conflict in the American legal system. This system, known as the adversarial system, bases its existence on the central tenet "that conflict resolution is best achieved through an adversary process" (Levett Notes). This consists of two parties in a courtroom represented by an appointed advocate who is familiar with the law. The advocate presents his client's case before the judge, an independent fact-finder who weighs the merits of the case and evaluates their consistence with the law. This system is different from the inquisitorial system, which is used primarily in Europe, and has several crucial distinctions from the adversarial system."
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Successful Mediation Strategies, 2002.
A look at how mediation can be used to resolve rural disputes.
2,900 words (approx. 11.6 pages), 10 sources, AU$ 154.95
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Abstract
This twelve-page graduate paper discusses the effectiveness of mediation process in resolving rural disputes. There are some other known techniques of conflict resolution which are either too expensive or time consuming, therefore mediation is considered to be the best alternative solution for rural communities.
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Arbitration and Mediation, 2005.
A discussion about the differences between arbitration and mediation.
1,504 words (approx. 6.0 pages), 3 sources, MLA, AU$ 71.95
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Abstract
This paper explains that arbitration and mediation are often grouped together, without distinction, in discussions about alternative dispute resolution, yet they are clearly very different in procedure and process. It points out that both techniques have become a popular type of dispute resolution techniques for private individuals, such as those involved in divorce or property interest issues, with a desire to reach a compromise with reduced cost. Both processes are effective for different reasons and are performed in different but similar ways to one another. This paper discusses the differences between these two forms of negotiation and settlement.
From the Paper
"Though for all their differences mediation and arbitration are also similar in many ways. First and foremost they are both alternatives to often costly and lengthy litigation processes and are less likely to end in criminal charges, of intent or otherwise. This is especially important with regard to situations where contract law has entered a grey area and where the desire to retain resources for settlement rather than legal bills is important. With regard to arbitration, in a personal civil situation such as divorce the two parties can represent themselves and allow the arbiter to make decisions on their behalf. The same can be said of mediation, while mediation may seem to offer a more long term working relationship between two parties, such as when children or adjacent property rights are in question. "
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Mediation, 2002.
Presents a book report on Sam Leaonard's "Mediation: The Book. A Step-by-Step Guide for Dispute Resolvers".
1,777 words (approx. 7.1 pages), 1 source, APA, AU$ 83.95
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Abstract
Sam Leaonard?s "Mediation: The book. A Step-by-Step Guide for Dispute Resolvers" takes the reader on an intensive exploratory journey through the world of conflict resolution. Leaonard examines every aspect of conflict including cultural definitions and other important elements to its resolvement. The book is a classic and well written primer about how to resolve conflict at all levels, in all scenarios. This paper critically analyzes the book and provides a summary of many its chapters.
From the Paper
"Chapter five provides a historical overview of the nation?s self attempt at conflict resolution. He details litigation over the last fifty years and discusses the statistics that show the pattern of conflict resolution that Americans have used (pg 50). Chapter five also provides an overview of several published studies regarding conflict resolution using examples from those studies to illustrate that the tried ways have not proven themselves to be the true ways."
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Community Mediation, 2004.
Research paper on mediation as an alternative method of dispute resolution.
1,378 words (approx. 5.5 pages), 7 sources, APA, AU$ 67.95
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Abstract
This paper provides an overview of alternative dispute resolution methods and approaches, a discussion of potential drawbacks and constraints, and an assessment of whether these methods are appropriate for the public sector. A summary of the research is provided in the conclusion.
From the Paper
"City government, like all governments at least to some extent, exists to resolve conflicts and settle disputes. This is why governments have been constituted among us, so that we may talk (and even argue and shout) rather than picking up clubs or guns or nuclear warheads. While the role of providing a forum and a means of resolving disputes is common to all forms of government, it is especially important a the municipal level because it is at this level that the disputants tend to know each other personally. The citizens of any given city have to continue to live together after political conflicts and upheavals ? to go to football games together and PTA meetings to talk about their children and shop together in the produce aisle."
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Mediation in Juvenile Court, 2001.
Discusses mediation as a cost-effective, valuable tool in juvenile justice system. Its purpose, how it works, problems.
2,025 words (approx. 8.1 pages), 9 sources, AU$ 103.95
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From the Paper
" This research paper discusses the use of mediation in dependency and other proceedings in juvenile courts and assesses its effectiveness. Mediation is used in dependency proceedings and in other cases involving status offenses, misdemeanors and occasionally more serious first time offenses, often in conjunction with victim-offender reconciliation efforts. In general, mediation has proved to be a cost-effective method of relieving juvenile court congestion and dealing with relatively minor juvenile offenses in a manner which optimizes familial, community, and victim involvement and at the same time serving the best interests of the juvenile offenders involved. Mediation is not, however, very effective in addressing the problem of hard core violent juvenile crime and its effectiveness is..."
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Mediation and Dispute or Conflict Resolution, 2001.
Describes functions and necessary skills of mediator. Usefulness in an intervention. How the process works.
1,575 words (approx. 6.3 pages), 9 sources, AU$ 80.95
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Abstract
This research paper discusses mediation as a form of dispute or conflict resolution, the powers a mediator must have, the steps he or she is likely to take and the skills a mediator should have in dealing with and facilitating the resolution of such disputes
From the Paper
"This research paper discusses mediation as a form of dispute or conflict resolution, the powers a mediator must have, the steps he or she is likely to take and the skills a mediator should have in dealing with and facilitating the resolution of such disputes.
"Nature of Mediation and Powers of Mediators
"Hoffman (1994, Winter) defined mediation as "a process whereby a neutral third party assists disputing parties reach a mutually acceptable decision" (p. 848). The term mediation comes from the Latin verb mediare, to be in the middle. According to Folberg and Taylor (1984), "mediation is an intervention that is intended to resolve disputes and manage conflict by facilitating decision-making" (p. xi). Marcus et al. (1995) said the man or ..."
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Mediation and Arbitration, 2002.
Summarizes and compares essential features.
2,700 words (approx. 10.8 pages), 24 sources, AU$ 138.95
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Abstract
Summarizes and compares essential features. Purpose of removing civil cases from the courts. Pre-dispute agreement to arbitrate (PDAA). Burden of persuasion. Usefulness in resolving civil disputes in the United States. Negotiation, litigation, adversial litigation. Binding and non-binding arbitration and mediation. Private arbitration. Court-annexed arbitration. Cites laws, statutes and cases.
From the Paper
"This research paper summarizes and compares the salient features of mediation and arbitration and comments on their relative utility in resolving American civil disputes.
Overview and comparison
When a civil dispute arises between different members of society, it may be resolved in a variety of ways. In negotiations, the parties resolve their dispute directly without the intervention of third parties. They may invoke the power of the state by initiating litigation in the civil courts. Since the 1970s, the use of various forms of alternative dispute resolution (ADR) techniques, principally arbitration and mediation, has greatly expanded. This growth has been fueled by a broadly held consensus that adversarial litigation suffers from severe..."
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Arbitration and Mediation, 2002.
A comparison of these two forms of negotiation.
1,650 words (approx. 6.6 pages), 5 sources, AU$ 89.95
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Abstract
This seven-page paper examines the similarities and differences between arbitration and mediation, explaining the steps involved in each process and who can benefit from each process.
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School Peer Mediation, 1997.
Training for, goals, effects & effectiveness of this approach to managing student conflict in elementary, junior high & high schools.
2,025 words (approx. 8.1 pages), 14 sources, AU$ 103.95
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From the Paper
"EFFECTS AND EFFICACY OF PEER MEDIATION
Heller (1996) has noted that well-disciplined schools make appropriate school discipline a part of every curriculum, program, and practice. In particular, Heller recommends peer mediation as a means of reducing school conflict and violence.
Peer Mediation can be defined as a mode of student conflict management in which two trained peer mediators work as a team to encourage problem solving between disputants (Benson & Benson, 1993).
According to Lane and McWhirter (1992) peer mediation evolved from the realization of the need to encourage win-win situations in guiding students toward the development of an ethos of sensitivity to and awareness of how others are affected by their actions. The authors stated that when used in conjunction.."
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Labor Mediations, 2002.
The role of the mediator in labor mediations.
2,900 words (approx. 11.6 pages), 6 sources, AU$ 154.95
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Abstract
This paper discusses the role of the mediator in labor mediations, and provides specific guidelines and recommendations for a successful mediation process.
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