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NCJ Number: NCJ 242160     Find in a Library
Title: Moving Beyond Brands: Integrating Approaches to Mediation
Author(s): Brian Jarrett
  Journal: Alaska Justice Forum  Volume:29  Issue:3-4  Dated:Fall 2012/Spring 2013  Pages:1, 9 to 12
Date Published: 2013
Page Count: 5
  Annotation: This article describes the need for integrating different approaches to mediation.
Abstract: Mediation is process used the courts to settle disputes outside the traditional court litigation system. To date, no specific approach to mediation has been labeled as being the best or the most effective. This article discusses several different approaches to mediation, the need to integrate these different approaches, and the need to develop a set of ethics based on an integrated approach to mediation. There are several different approaches to mediation: evaluative, which focuses on providing an assessment to the parties; facilitative, which focuses on assisting the parties in identifying and recognizing their goals; narrative, which focuses on discovering the story behind the dispute and establishing a shared understanding of it; and transformative, which focuses on assisting the parties involved in the dispute to feel recognized and empowered to resolve it. Over the years, these different approaches have become entrenched and institutionalized, leading to mediators denigrating and marginalizing approaches used by their colleagues. This article discusses the need for an integrated approach to mediation, using a plurality of approaches in order to produce more options and better results for clients. This need is underscored by the development of Standard IX of the jointly-adopted mediator ethics code of the Association for Conflict Resolution, the American Bar Association, and the American Arbitration Association. Using this standard, mediation should be looked at as a reflexive practice in which mediators use their own experiences and observations to determine the best approach for working with each client. This standard also needs to be considered in developing a code of ethics for mediators, especially in terms of two areas: the impartiality and the neutrality of the mediator. Table and a list of mediation resources
Main Term(s): Mediation
Index Term(s): Code of ethics ; Professional conduct and ethics ; Courts ; Mediation training ; Divorce mediation ; Alternative court procedures ; Mediators ; Ethics training
Type: Program/Project Description
Country: United States of America
Language: English
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