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Full-Text Articles in Law
How Existing Procedures Shape Alternatives: The Case Of Grievance Mediation, Deborah M. Kolb
How Existing Procedures Shape Alternatives: The Case Of Grievance Mediation, Deborah M. Kolb
Journal of Dispute Resolution
Mediation is one of the oldest and most ubiquitous forms of conflict resolution in American society and throughout the world. Traditionally a prominent adjunct to labor and international negotiation, mediation is now used in divorce, family, civil, consumer, commercial and employee relations, environmental planning and siting, and the development of governmental procedures and regulations.' As mediation has penetrated into these new areas of social life, curiosity about the practice of mediation, that is, what mediators actually do to bring about settlement, has increased.
Child Custody Mediation: A Proposed Alternative To Litigation, Terri Garner
Child Custody Mediation: A Proposed Alternative To Litigation, Terri Garner
Journal of Dispute Resolution
Section II of this article describes the historical framework from which child custody mediation has developed. Section III discusses the process and procedures normally followed by a mediator in order to assure maximum, effective results. Section IV explains the role of the mediator including ethical considerations and problems faced by attorneys who wish to mediate the custody disputes of divorcing couples. Section V sets forth the results and conclusions of the Denver Custody Mediation Project (Denver Project), an influential study that has become the basis of encouraging mediation throughout the nation. Finally, Section VI discusses the advantages and disadvantages of …
Mediation Interventions And Restorative Potential: A Case Study Of Juvenile Restitution, Harry Mika, Kimberley Cole, Anmarie Aylward
Mediation Interventions And Restorative Potential: A Case Study Of Juvenile Restitution, Harry Mika, Kimberley Cole, Anmarie Aylward
Journal of Dispute Resolution
This paper explores a far less prevalent variant of juvenile restitution, distinguished by the use of mediation to reconcile victims and offenders and to establish the specific terms of restitution by consensus. In addition to general discussions of restitution and mediation, a more focused descriptive profile of mediation interventions in juvenile restitution for Dallas, Texas, is presented. Drawing from case materials and the direct involvement of the authors as third party neutrals in juvenile restitution, the mediation component of this program is further scrutinized for its adequacy for addressing needs of victims and offenders within what Zehr identifies as retributive …