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Mediation Publishing

Journal of Mediation Theory and Practice Back Issues: 2019

Journal of Mediation Theory and Practice Back Issues: 2019

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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 2019

Policy Article: Mediators as witnesses and evidence about mediators Tony Allen’s paper reviews the confused legal position in England and Wales concerning mediators as a source of evidence, analysing two recent cases (Abberley v. Abberley and AB v. CDin which, for the first time, mediators gave evidence in court about the contents of the mediation and post-mediation party communications. It suggests greater resistance by mediators to attempts to call them as witnesses and greater willingness by judges to protect mediators from being called unnecessarily, questions what truly is ‘in the interests of justice’ in such decisions, and suggests considering such matters in private hearings first. 

Roger Seaman’s article Conceptualising the mediator as 'follower' instead of 'leader' engages the reader with an analysis of the role of the mediator. It suggests a style of intervention as ‘follower’ in which the mediator is relatively passive and mostly seeks to follow the parties’ conversation. This follower style is set within a wider spectrum of practice in which mediators, to a lesser or greater extent, manage and lead the parties in their discussions. Resting upon an understanding of the social construction of identity, Seaman argues that by predominantly ‘following’ the parties, a conversational space may be opened up, thereby increasing scope for the parties to enter into an exploratory dialogue about their conflict to find their own, robust solutions.

This issue inaugurates a new section dedicated to conversations with mediators, which we named ‘Case studies’. This section is dedicated to real-life practice with mediators engaging in storytelling and analysis of cases they have dealt with. The aim of the case studies section is to stimulate constructive exchanges of experiences between mediators and eventually open up to further discussion on selected practical and theoretical issues that must be addressed to make mediatory intervention effective. Pieces in this section foreground challenges for mediators, good practice and specific issues that mediation process present. Stuart Hanson offers a first important contribution to this section in his Being creative - the gap between law and reality. He brings the reader within the resolution of a family dispute focusing on finance, and raises important questions concerning the extent to which limited legal knowledge influences the mediation process.

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

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