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Peeking Over the Fence: Peeking Over the Fence learning from other mediation traditions

Peeking Over the Fence: Peeking Over the Fence learning from other mediation traditions. ‘Everywhere in the Ancient Greek World ... arbitration was normal and in arbitration the mediation element was primary’ (Roebuck, 2007, p.106). Mediation Traditions. ( more) Mediation Traditions.

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Peeking Over the Fence: Peeking Over the Fence learning from other mediation traditions

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  1. Peeking Over the Fence: Peeking Over the Fencelearning from other mediation traditions

  2. ‘Everywhere in the Ancient Greek World ... arbitration was normal and in arbitration the mediation element was primary’(Roebuck, 2007, p.106)

  3. Mediation Traditions

  4. (more) Mediation Traditions

  5. Influences(Kenneth Cloke)

  6. Mediation Polarities • One hour All day • Single session Multiple sessions • No table Coffee table Business table

  7. Mediation Polarities (ii) • Conference (joint) Caucus (separate) • FacilitativeEvaluative • Problem-solving Transformative

  8. One more Norm generating – norm educating – norm-advocating

  9. Waldman’s typology Ellen Waldman, 1997, 48 Hastings Law Journal, 704-769

  10. Riskin’s Grid

  11. Broad – narrow continuum • (shadow of the law)

  12. Evaluative – Facilitative Mediators

  13. Justice?

  14. Procedural Justice

  15. The 5-stage model of mediation Introductions Identify the issues Explore the issues Develop options Record agreement

  16. ‘changing conflict interaction’ ‘and responsiveness (connection or understanding) ‘human beings have inherent capacities for strength (agency or autonomy)...’ ‘AND an inherent social or moral impulse’

  17. Dana Mediation Model

  18. Kendall Reed Model “All are relevant all of the time.”

  19. Mediation Design A

  20. Pre-mediation with both solicitors • Joint mediation meeting Mediation Design B

  21. Peeking Over the Fence: Peeking Over the Fencelearning from other mediation traditionsCharlie Irvine charlie.irvine@strath.ac.uk

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