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Full-Text Articles in Law
Philippine Community Mediation, Katarungang Pambarangay, Gill Marvel P. Tabucanon, James A. Wall Jr., Wan Yan
Philippine Community Mediation, Katarungang Pambarangay, Gill Marvel P. Tabucanon, James A. Wall Jr., Wan Yan
Journal of Dispute Resolution
First, we present a brief overview of the process, followed by a delineation of the history, purpose, operational structure, jurisdiction, venue, procedure, and time frame for this mediation approach. Finally, we report on interviews we conducted with mediators who have served on these panels. Their accounts reveal intriguing details as to how the mediation process unfolds and the benefits of this dispute resolution process. Our goals in this article are threefold: (1) to describe this grassroots mediation approach; (2) to expand our knowledge about mediation; and (3) to reflect on the advantages of this approach so as to improve mediation …
Thoughts About Spiritual Fatigue: Sustaining Our Energy By Staying Centered, Wayne D. Brazil
Thoughts About Spiritual Fatigue: Sustaining Our Energy By Staying Centered, Wayne D. Brazil
Journal of Dispute Resolution
Spiritual fatigue can afflict seasoned mediators and judges who have hosted many settlement conferences.' It can sap the energy we need to do our work well. It can reduce our patience, shorten our anger fuses, and impair our ability to listen to and to connect with the people we are trying to help. Worse, it can lead us into procedural or ethical temptation-inviting us to cut comers and compromise values we hold dear. If it persists too long, it can drive us away from this field. Thus, for those of us who experience it, spiritual fatigue can pose a serious …
Thinking About Fairness & Achieving Balance In Mediation, Sarah E. Burns
Thinking About Fairness & Achieving Balance In Mediation, Sarah E. Burns
Fordham Urban Law Journal
This Article identifies five sources of bias present in mediation practice: (1) categorization, (2) attribution, (3) metaphorical expression, (4) norming, and (5) framing. For each of these "cognitive efficiencies," which contribute to bias in mediation, the author provides practice recommendations. Finally, the author suggests that the Article be read as a proposal for further thought and inquiry to improve the fairness of mediators.
Minorities, Mediation, And Method: The View From One Court-Connected Mediation Program, Phyllis E. Bernard
Minorities, Mediation, And Method: The View From One Court-Connected Mediation Program, Phyllis E. Bernard
Fordham Urban Law Journal
This Article addresses cross-cultural dynamics in small claims court mediations in Oklahoma City (1 million population). Through the study of about 300 cases, the author concludes that (1) minority status may not matter as much as gender, (2) neither gender nor minority status may matter as much as socio-economic class, and (3) well-constructed and constantly monitored mediator training and supervision may make for fairer small claims cases where mediation is seen as adjunct to judge's role. The author urges reconsideration of critical race theory critiques of mediation and ultimately concludes that just mediation proceedings require addressing individuals' lack of knowledge.