skip navigation


Register for Latest Research

Stay Informed
Register with NCJRS to receive NCJRS's biweekly e-newsletter JUSTINFO and additional periodic emails from NCJRS and the NCJRS federal sponsors that highlight the latest research published or sponsored by the Office of Justice Programs.

NCJRS Abstract

The document referenced below is part of the NCJRS Virtual Library collection. To conduct further searches of the collection, visit the Virtual Library. See the Obtain Documents page for direction on how to access resources online, via mail, through interlibrary loans, or in a local library.


NCJ Number: 98041 Find in a Library
Title: Mediation Paradigms and Professional Identities
Journal: Mediation Quarterly  Issue:4  Dated:(June 1984)  Pages:19-47
Author(s): J Lande
Date Published: 1984
Page Count: 29
Format: Article
Language: English
Country: United States of America
Annotation: The author applies Kuhn's (1970) concept of revolutionary paradigm shift to Simon's (1978) provocative critique of the ideology of advocacy and articulates ethical principles that are the essence of mediation.
Abstract: Simon argues that, although the adversary system of dispute processing is supposed to foster individuality, autonomy, responsibility, and dignity, in practice it undermines these values. In contrast, mediation provides a paradigm that can lead to a peaceful and evolutionary revolution in the way people think and act. The mediation paradigm is based on affirmative principles designed to fulfill the ideals of the adversary paradigm. Unlike the adversarial system, mediation encourages people to act on their best, rather than their worst, motivations. Nine principles of conflict resolution are presented which embody the chief principle of the mediation paradigm, that of balance. This principle applies to competing perceptions of needs, conceptions of fairness, and comparison of all possible solutions. The nine principles are used to analyze the American Bar Association's Model Rules of Professional Conduct. It is concluded that mediation is the new paradigm succeeding the old ideology of adversary advocacy. The mediation community must take responsibility for developing paradigm consensus according to the values and beliefs of their evolving paradigm. The advancement of this new paradigm will require development of a strategy, the definition of needs and priorities, development of a research program, evaluation of options to address needs, and the development of relationships with the legal and mental health professions. Included are 45 references.
Index Term(s): Mediation; Professional conduct and ethics; Professionalization; Standards
To cite this abstract, use the following link:

*A link to the full-text document is provided whenever possible. For documents not available online, a link to the publisher's website is provided. Tell us how you use the NCJRS Library and Abstracts Database - send us your feedback.