Formal Mediation Models:
Negotiating their Enabling and Constraining Features
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Mediation is a rapidly growing field with practitioners who seek to provide individuals, groups, and communities with alternative dispute resolution processes. Mediators are involved in dispute cases addressing land use, the environment, historic preservation, public facilities and infrastructure, brownfields, private party conflicts and other NIMBY (not in my back yard) conflicts. This book explores mediation processes using Anthony Giddens theory of structuration, which integrates macro processes (formal mediation models) with micro ones (communication during mediation settings). Structurati...
Mediation is a rapidly growing field with practitioners who seek to provide individuals, groups, and communities with alternative dispute resolution processes. Mediators are involved in dispute cases addressing land use, the environment, historic preservation, public facilities and infrastructure, brownfields, private party conflicts and other NIMBY (not in my back yard) conflicts. This book explores mediation processes using Anthony Giddens theory of structuration, which integrates macro processes (formal mediation models) with micro ones (communication during mediation settings). Structuration theory also supports the exploration of the difference between the spirit and the features of a structural system thereby highlighting contradictions that contribute to tensions. A mediation model used by mediators in the State of Kansas is the context for this study and the results suggest that mediators not only experience tensions related to contradictions regarding their role as third-party neutrals, but are experiencing perverse consequences as they find themselves in conflict with the legal system that established and governs mediation in Kansas.
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