How Might the Adversarial Imperative be Effectively Tempered in Mediation?

Mason, Jim

doi:10.5235/146072812801292755

Cited by 4 publications

(2 citation statements)

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“…59 In other words, the termination dispute mediator must be constantly on their guard that, all ethical requirements are being satisfied. Conversely, where required the mediator must recalibrate the ongoing process, or otherwise continually remind the participants that irrespective of the outcome, the parties will ideally secure a resolution that, they accept as 'theirs', and not one externally imposed upon them.…”

Section: Terminationmentioning

confidence: 99%

The Impact of Mediation Practice on and the Resolution of Grievances, the Preservation of Employment Relationships and Termination

Agapiou¹

2016

UCLR

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Section: Terminationmentioning

confidence: 99%

The Impact of Mediation Practice on and the Resolution of Grievances, the Preservation of Employment Relationships and Termination

Agapiou¹

2016

UCLR

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“…Indeed, such codes could be extended to define clearly also the role of advocates to address the concern of some practitioners that some advocates attempt to usurp their authority during mediation proceedings. In this regard, the recommendations of Mason (2012) for bringing about a change in culture are very apt. As an alternative to codes of practice, more attention needs to be paid to promoting reflective practice which as argued by Macfarlane (2002b) offers a more candid and complete approach towards achieving the right behaviours in mediation.…”

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confidence: 99%

An investigation into the different styles of the lawyer and construction specialist when mediating construction disputes

Wall¹,

Ankrah

Charlson³

2016

IJLBE

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Purpose The purpose of this paper is to assess the views and experiences of mediators from different professional backgrounds practising in the construction industry. Previous research shows that the legal profession dominates construction mediation in both England and Wales. Design/methodology/approach The phenomenological approach was used to capture the lived experiences of the interviewees and gain insight into their views and practices. The data collection was by semi-structured interviews. The data was then analysed using software to establish themes. Findings The major difference in mediator practice discovered between the two groups is the use of the evaluative style by lawyer and facilitative style by non-lawyer mediators. Non-lawyer mediators strongly reported their criticisms of the evaluative style in mediation suggesting that it undermines the parties’ ability to self-determine their own dispute and reduces the level of satisfaction experienced by the parties in the process of mediation. Lawyer mediators supported the use of the evaluative style as an acceptable compromise on the parties’ self-determination and feelings of satisfaction in pursuit of achieving the goal of a settlement in mediation, which was significantly better than the escalation of stress and costs to the parties in the event that the dispute escalates to litigation. In addition, mandatory mediation, the role of advisors/advocates, governance and the future of mediation were explored. Originality/value The research is anticipated to be of particular benefit to parties considering referring a construction dispute to mediation.

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Editorial

Mortensen¹,

Sommerlad²

2013

Legal Ethics

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How Might the Adversarial Imperative be Effectively Tempered in Mediation?

Cited by 4 publications

References 4 publications

The Impact of Mediation Practice on and the Resolution of Grievances, the Preservation of Employment Relationships and Termination

The Impact of Mediation Practice on and the Resolution of Grievances, the Preservation of Employment Relationships and Termination

An investigation into the different styles of the lawyer and construction specialist when mediating construction disputes

Editorial

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