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NCJ Number: 62823 Add to Shopping cart Find in a Library
Title: MEDIATION AS AN ALTERNATIVE TO CRIMINAL PROSECUTIONIDEOLOGY AND LIMITATIONS
Journal: LAW AND HUMAN BEHAVIOR  Volume:2  Issue:3  Dated:(1978)  Pages:223-244
Author(s): W L F FELSTINER; L A WILLIAMS
Corporate Author: Plenum Publishing Corp
United States of America
Date Published: 1978
Page Count: 22
Sponsoring Agency: Plenum Publishing Corp
New York, NY 10013-1576
US Dept of Justice

US Dept of Justice NIJ Pub
Washington, DC 20531
Grant Number: 77-NI-99-0019
Format: Article
Language: English
Country: United States of America
Annotation: PARAPROFESSIONAL MEDIATION HAS BECOME A SUBSTITUTE FOR CRIMINAL PROSECUTION WHEN DEFENDANT AND VICTIM HAVE BEEN ENGAGED IN A PRIOR RELATIONSHIP. THIS ARTICLE DESCRIBES SUCH A MEDIATION PROJECT AND ITS TRAINING PROGRAM.
Abstract: THE MEDIATION PROCESS NOW IN USE IN THE UNITED STATES IS NOT ONLY AN ALTERNATIVE TO LEGAL PROCEEDINGS BUT IS ALSO ANTILEGAL SINCE THE PRECIPITATING INCIDENT IS ASSIGNED LIMITED IMPORTANCE AND FORMAL RULES ARE GENERALLY IGNORED. THE ALLEGED VIRTUES OF MEDIATION PROGRAMS ARE THEIR DIFFERENCES FROM REGULAR COURTS. MEDIATORS MEET IN INFORMAL SETTINGS, TRY TO AVOID PROFESSIONAL HARASSMENTS, AND ARE CONCERNED WITH THE PARTICULAR PROBLEMS OF THE DISPUTANTS. A MEDIATION PROJECT AND MEDIATOR TRAINING ARE DESCRIBED AND AN ANALYSIS OF TWO CASES GIVEN. THESE ANALYSES HIGHLIGHT SOME OF THE PROBLEMS IN MEDIATING INTERPERSONAL DISPUTES, PARTICULARLY QUESTIONS ABOUT UNDERLYING CAUSES AND THE EFFECTS OF DIFFERENT PERCEPTIONS CONCERNING THE ROLE OF CONFLICT IN HUMAN INTERACTION. THE ARTICLE SUGGESTS SEVERAL HYPOTHESES TO BE INVESTIGATED IN FURTHER RESEARCH: (1) SUCCESS IN MEDIATION WILL BE RELATED TO THE COGNITIVE ORIENTATION OF DISPUTANTS; (2) MEDIATION WILL FAIL WHERE ADJUSTMENTS ARE INFEASIBLE; (3) MEDIATION CONFRONTS UNDERLYING CAUSES ONLY WHEN THEY LIE CLOSE TO THE SURFACE; (4) MEDIATION IS AMBIVALENT ABOUT MANIPULATION AND COERCION AND WILL BE MOST EFFECTIVE IN SORTING OUT PRACTICAL PROBLEMS OF URBAN LIFE; AND (5) THE DISPUTANTS WILL BE MORE RELAXED, OPEN, AND LESS INTIMIDATED THAN ARE DEFENDANTS AND WITNESSES IN COURT. (MJW)
Index Term(s): Alternative dispute settlement; Domestic relations; Mediation; Negotiation
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http://www.ncjrs.gov/App/publications/abstract.aspx?ID=62823

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