Essays on Mediation
Dealing with Disputes in the 21st Century
By: Ian Macduff
Essays on Mediation Edited by Ian Macduff Across a range of jurisdictions, in differing legal systems, mediation is achieving ever-greater institutional and statutory force, and what not long ago was a marginal technique for dispute resolution is becoming mainstream and orthodox. But how firm a sense do we have about the social formation we call 'mediation'? Through reflections and case histories, this distinctive collection of essays by experienced mediators from across the globe provides a clearer understanding than we have had heretofore of what mediation is and what it can offer as a practical, accessible and positive alternative in civil justice systems. The authors each address ways mediation has been or can be applied to dispute resolution in such pressing contexts as the following: enduring and intense conflicts; planning and environmental issues; conflicts arising between refugee and 'host' communities; elder care; intercultural settings; online communication; science-based disputes; and public policy disputes. The questions raised as to access to justice, identifying unmet needs, improving the provision of services, and fostering an ongoing conversation on mediation go well beyond the confines of commercial dispute resolution and the walls of courtrooms. Through the practical experiences described, useful and insightful perspectives emerge on the practice, principles and legitimacy of mediation. These invaluable reports and reflections on the powerful resources that mediation and mediators can bring to the table will be welcomed by a diversity of legal practitioners and jurists as well as academics.
AI Overview
"Essays on Mediation: Dealing with Disputes in the 21st Century" by Ian Macduff is a collection of essays that explores the evolving landscape of mediation across various jurisdictions and legal systems. Here is a comprehensive overview of the book:
Key Themes
- Global Trends in Dispute Resolution: The book examines how mediation is becoming increasingly institutionalized and recognized as a viable alternative to traditional litigation methods.
- Reflections and Case Histories: It includes reflections and case histories from experienced mediators worldwide, providing a nuanced understanding of the mediation process.
- Affective Change and Fluidity: The essays delve into the affective changes that occur during mediation, focusing on how parties can move from rigid positions to more flexible and collaborative approaches, allowing for a fluidity of being that enhances ongoing relationships.
Plot Summary
The book is structured as a collection of essays, each contributing to a broader understanding of mediation in the 21st century. It covers various aspects of mediation, including its effectiveness, challenges, and the role of mediators in facilitating change. The essays provide insights into how different legal systems and cultural contexts influence the mediation process.
Critical Reception
While specific reviews are not provided in the search results, the book's reputation can be inferred from its inclusion in academic and professional circles. The fact that it is part of the "Global Trends in Dispute Resolution" series suggests it is a respected and authoritative work in the field of alternative dispute resolution.
Additional Insights
- Mediation as Change: The book emphasizes that mediation is fundamentally about change, encouraging parties to move beyond their initial positions and find a meeting place that dissolves some aspects of their disputes while maintaining a reliable foundation for future interactions.
- Mediator's Role: It highlights the mediator's role in helping parties see that all things are in flux, encouraging them to participate in this flux rather than standing on the edge of it. This approach can lead to more positive outcomes and ongoing relationships.
In summary, "Essays on Mediation" by Ian Macduff offers a comprehensive and nuanced exploration of mediation practices, highlighting its global trends, reflective case studies, and the transformative potential of the mediation process.