“Think Your Blackest Thoughts and Darken Them:” Judicial Mediation of Large Money Damage Disputes

Garfinkel, Harold (1917–2011)

“…From the late 1970s onward, Garfinkel encouraged his students to investigate specialized domains of scientific, professional, or technical practice and to conduct 'hybrid studies of work' that would cross traditional academic boundaries, forming the basis for interdisciplinary crossfertilization between EM and other disciplines (Burns, 2001(Burns, , 2009Livingston, 1986;Lynch, 1985Lynch, , 1993Macbeth, 1996Macbeth, , 2012. As part of Garfinkel's 'unique adequacy requirement of methods,' several of his students attempted to master the technical practices of particular fields of inquiry before explicating their local organization, raising the question of whether researchers must 'go native' to be able to understand and know how to produce/reproduce the materially detailed work constituting a specific domain of scientific, technical, or professional practice.…”

“…Garfinkel also diverged from Schutz's treatment of science and other practical action as governed by distinctive cognitive norms (Lynch, 1993: pp. 140-141) and demonstrated the intertwining of scientific (or technical/professional) knowledge and expertise with commonsense knowledge and competencies (e.g., Burns, 2001Burns, , 2009.…”

Introduction to the Special Issue on Mediator Style

“…The good news is that research on mediator style continues at a slow but steady pace. By our count, there have been at least ten such studies in the past decade (Alberts, Heisterkamp & McPhee, ; Burns, ; Charkoudian, de Ritis, Buck & Wilson, ; Golann, ; Kressel & Gadlin, ; McDermott & Obar, ; Picard, ; Wall, Dunne & Chan‐Serafin, ; and Wood, ). Much of this work takes place in real‐world settings and turns directly on the styles of most prominence among practitioners.…”

Judicial settlement‐seeking in parenting disputes: Consensus and controversy

“…Academics tend to be critical of the practice (for example, Menkel-Meadow, 1985;Tornquist, 1989;Resnik, 2000), while settlement-seeking judges have defended their work in print (Brazil, 1987;Hogan, 1991;Baer, 2001). A leading empirical study was conducted by Stacy Burns, who conducted ethnographic observations of judicial mediations in tort cases (Burns, 1998(Burns, , 2000(Burns, , 2001. Raines and O'Leary (2000) contributed an interview-based comparison of judicial and non-judicial settlement-seeking in Environmental Protection Authority (EPA) enforcement hearings.…”