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Mediation Publishing

Journal of Mediation Theory and Practice Back Issues: 2018

Journal of Mediation Theory and Practice Back Issues: 2018

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£30.00 GBP
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The back issue(s) for the year above for the Journal - Mediation Theory and Practice.

These issues were published by Equinox Publishing and will be despatched promptly after order, sometimes separately to other items you might order.

Individual articles are also available for purchase by download separately through the title links.

Contents for 2018

Practice Article:  Making space for contending moral talk in criminal matters: Criminal court mediation in Brooklyn, New York by Peter Miller, Institute for the Study of Conflict Transformation, Rochelle Arms Almengor John Jay College of Criminal Justice – CUNY and Jessica Goldberg Longmont Community Justice Partnership. This article describes in detail the rationale behind the evolution of the mediation process used in the Criminal Court Mediation Program in Brooklyn, New York. The process developed as a response to high emotion contentious conflicts in misdemeanour cases that came through the programme, in which defendants unexpectedly insisted on countering complainants’ moral assertions about fault and harm. Through the story of one case, characteristic of many that come through the programme, we describe stages of the process from intake through mediation, and highlight key components: separate, pre-mediation sessions; regular opportunities of choice for all parties; and no promises about what will be discussed in mediation, in order to support agency and bilateral moral discourse. The programme’s success is evinced by highly positive feedback from both defendants and complainants, including increased feelings of safety. We hope our experience will serve as a reference for programmes receiving similar types of cases.

Why dialogue in politics? by Kenneth Cloke, Center for Dispute Resolution, Los Angeles. In thinking about how to discuss political differences, the essayist Isaiah Berlin offered a useful way forward, proposing that we regard political ideas, rhetoric and  communications as ‘inherently un-philosophical’, in the sense that they are based on values over which people naturally disagree because they flow from dissimilar interests, orientations and experiences, and therefore on entirely different sets of facts.

Practice Article, Mediation in construction: Exploring the degree of fitness, Chandana Jayalath, University of Vocational Technology. In mediation, disputants often tend to walk off at will. This inspired the author to evaluate the degree of fitness as a form of dispute resolution in construction. Fifty cases mediated in the recent past in the State of Qatar were analysed in terms of their approach and the net resultant effect. The tendency will be to fail mediation in construction unless the mediator actively intervenes in changing the dynamic of the conflict by contractual, financial and technical evaluation. The mediator in doing so acts beyond what is truly expected in mediation so that the outcome is arbitral to some extent rather than consensual. The author recommends this is not necessarily the case in the exception of construction and contends that the key elements of mediation such as neutrality and impartiality can still be secured as long as the mediator does not step over the line into judgement.

Note: Complete Sets of Back Issues for the Journal up to 2023 are available here (8 issues).

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