Psychologically Informed Mediation

Psychologically Informed Mediation explores the understanding of conflict and the use of a psychologically informed mediation approach to help resolve it. The book has two distinct parts; it starts with looking at our understanding of conflict, and challenges the more negative views, placing conflict as essential for dynamic development. It then describes the process of mediation and looks at several different models. The author draws on existential and phenomenological philosophy and psychology, and shows how they can enable a mediator to facilitate a meaningful resolution of conflict. The second part of the book offers eight dramatised case studies to illustrate the psychological and relational nature of conflict, giving detailed analysis of the mediation process using supportive theoretical material where relevant. This book offers a unique approach to mediation, and is accessible to a broad audience.

This practical guide, with a foreword by Nobel Laureate Archbishop Desmond Tutu, will assist those interested in conflict resolution to better understand the psychological processes of parties in conflict and mediation. As Randolph argues, psychology is increasingly perceived by lawyers as a vital tool for resolving conflicts in the litigation environment, whether in commercial, family, community or employment disputes. With an ever-growing demand for mediators across international borders, the psychologically-informed mediator can also provide much needed facilitation in global trade and peace negotiations, as well as being invaluable in helping to resolve a variety of political and international conflicts.

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.

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.

Mediation, Conciliation, and Emotions: The Role of Emotional Climate in Understanding Violence and Mental Illness, the revised edition of the groundbreaking Mediation, Conciliation, and Emotions: A Practitioner’s Guide to Understanding Emotions in Dispute Resolution, discusses the under-researched topic of emotional climate, and emphasizes the importance of considering climate or environment when trying to understand violence and mental illness, as well as its impact on our society. Ladd and Blanchfield describe how an effective mediator, conciliator, or peacemaker should approach these conflicts. New features include updated references, a discussion of contemporary violence and mental health, and comparisons between culture and climate when determining how conflicts evolve into violent acts.

The system of international arbitration is built on private contractual relations, yet has been endorsed by governments around the world as a fair and reliable alternative to litigation in State courts. As a private process, however, its authority and legitimacy derive entirely from the views and actions of those involved in the arbitral process, whether arbitrators, counsel, or parties. It is, though increasingly clear that psychological factors complicate, and in some cases radically change, every arbitral proceeding. In this context, psychological insights are crucial for understanding how international arbitration genuinely operates, and whether the legal framework currently applied to it is well-suited to achieving the aims of ensuring a fair and reliable dispute resolution procedure. This is the first book to focus on this important issue: the insights into international arbitration that can be gained from contemporary psychology. With contributions from nineteen internationally known figures in their fields – arbitrators, mediators, lawyers, law professors, psychology professors, psychologists – and drawing from a longer term project on the role of psychology in arbitration, this ground-breaking volume addresses a range of topics, including the following: - the decision-making processes of arbitrators; - the ability of arbitration to serve as a genuine dispute resolution mechanism; - the impact of particular procedures on the arbitral process; - bias, self-deception and vested interests in judgment and decision-making; - the role of arbitrators in managing the arbitral process; - cultural differences in the evaluation of arguments; - psychological influences on witness testimony; - the impact of tribunal composition on arbitral decision-making; - the influence of arbitration’s professional context on arbitrators and legal counsel; and - methods for arbitrators and legal counsel to more effectively manage the arbitral process. Informed by the behavioural insights in these essays, counsel and arbitrators will be enabled to think critically about the underlying assumptions and the potential behavioural effects of a prospective arbitration, while individuals researching arbitration will gain a greater understanding of the psychological context in which every arbitration occurs. This book meets the increasingly recognized need for understanding the role of psychology in arbitral proceedings, and forms an indispensable foundation for subsequent work in this area. Its innovative and forward-thinking analysis will be of immeasurable value to the international arbitration community, as well as to institutions supporting arbitration and to academics in the field.

Long recognized as the authoritative guide for clinicians working with divorcing families, this book presents crucial concepts, strategies, and intervention techniques. Robert E. Emery describes how to help parents navigate the emotional and legal hurdles of this painful family transition while protecting their children's well-being. The book is grounded in cutting-edge research on family relationships, parenting, and children's adjustment, including Emery's groundbreaking longitudinal study of the impact of divorce mediation versus litigation. It provides a detailed treatment manual for mediating custody and other disputes, developing collaborative parenting plans, and fostering positive postdivorce family relationships. New to This Edition *Reflects the latest psychological research, as well as divorce and custody law. *Chapters on understanding and addressing divorcing partners' anger and grief. *Treatment manual chapters have been extensively revised. *Incorporates the author's 12-year follow-up study.

This practical guide, with a foreword by Nobel Laureate Archbishop Desmond Tutu, will assist those interested in conflict resolution to better understand the psychological processes of parties in conflict and mediation. As Randolph argues, psychology is increasingly perceived by lawyers as a vital tool for resolving conflicts in the litigation environment, whether in commercial, family, community or employment disputes. With an ever-growing demand for mediators across international borders, the psychologically-informed mediator can also provide much needed facilitation in global trade and peace negotiations, as well as being invaluable in helping to resolve a variety of political and international conflicts.