¶ … Leaonard, Sam (1994). Mediation: The book. A step-by-step guide for dispute resolvers. Evanston, IL: Evanston Publishers. The writer provides a summary of many chapters of the book and also chooses a way to classify the book and discuss the writer's feelings about it. There was one source used to complete this paper.
As the world continues to globalize it becomes more important than ever to determine effective ways to resolve conflict. People run into conflict often, whether it is socially, during work, or during volunteer activities. Conflicts can be small or large and small conflicts can become large if they are not handled properly. The ability to resolve conflict provides a skill that is marketable in every industry and every situation. An author who can teach others in the ways of conflict resolution provides the world with a great service. In Sam Leaonard's; Mediation: The book. A step-by-step guide for dispute resolvers, the reader is taken on an intensive exploratory journey through the world of conflict resolution. Leaonard examines every aspect of conflict including cultural definitions and other important elements to its resolution. The book is a classic and well written primer about how to resolve conflict at all levels, in all scenarios.
The book begins its ascent to conflict resolution answers in chapter three when the author begins to take the reader on a journey in which conflict is defined. In this chapter the author discusses the various aspects of growing up in different parts of the United States. He feels this is an important foundational building block in the journey to learning conflict resolution skills because it helps the reader understand the regional and cultural differences that are encountered in various areas. He provides concrete examples of each area of the nation and discusses how people in those area generally handle conflict when it occurs (Leaonard pg 29).
This chapter also discusses what conflict is. According to the author conflict is nothing more than interfacing of energy patterns (Leaonard pg 30).
The third chapter ends with some a discussion about how conflicts are sometimes handled whether they are effective or ineffective techniques.
As the reader leaves the third chapter and enters chapter four the author strives to provide the reader with an understanding of how to diagnose conflict. The author discusses the three tools that are used to diagnose conflict. The chapter goes into intense detail about this conflict resolution ability and uses many very detailed examples of how different techniques have been tried.
The fourth chapter also touches in an index for healthy vs. unhealthy conflict resolution. Following this basic introduction the chapter illustrates the six types of conflict and what they mean to those who become engaged in them.
Chapter five provides a historical overview of the nation's self attempt at conflict resolution. He details litigation over the last fifty years and discusses the statistics that show the pattern of conflict resolution that Americans have used (pg 50). Chapter five also provides an overview of several published studies regarding conflict resolution using examples from those studies to illustrate that the tried ways have not proven themselves to be the true ways.
Chapter six discusses the basic principles of the new paradigm that the author wants used for the purpose of conflict resolution. This is where he states that the book is about providing a new alternative style of conflict resolution. The chapter is exceptionally short but packs in a ton of information. One of the things that it provides for the reader is a list of goals for conflict resolution.
Chapter seven is more detailed in its goals but it has to be because it breaks down the language of dispute resolution. The chapter is nothing more than a dictionary of terms used in conflict resolution and there meanings. It also presents reinforcements for the book's foundational belief that the best way to resolve conflict is to focus on using mediation for the purpose.
Chapter eight again moves backwards in time but this time it goes back to the days of tribes and tells a fictional fantasy example of how he wants conflict to be resolved. The chapter is devoted to unveiling a perfect fantasy of tribal conflict resolution and how it would work. This is an important aspect and exercise because it allows the idea to formulate in the mind of the reader that conflict resolution can be redone and done successfully.
Chapter nine leaves the world of fantasy and returns the reader...
In a legal proceeding, the press and other parties will have access to the topics that were discussed. This prevents information from being leaked, which could hurt negotiations. Informal and Flexible: Arbitration is not following a formal structure. This changes the time and place when these proceedings can occur. Economical: The process is saving time and money by not involving the courts in settling the dispute (which could take years). This is
Children in this mediation scenario have the rights to develop educationally, emotionally and psychologically. The outcome of the mediation scenario must ensure their growth and development hence the overriding factor would the interests of the children. The case plan would adopt the federal and state laws in relation to the custody of children in order to come up with applicable result. This is because the ethical and legal issues of
However, a variation, called "co-med-arb, allows the mediator and the arbitrator to jointly conduct a fact-finding hearing at the outset of the dispute. The hearing is followed by mediation, then arbitrtation" (McLean and Williamson). For the purposes of this review, however, it is the synergy that the processes provide together that are important -- that the two standing alone are no where near as powerful a problem solving tool
Hence, those people who are particularly concerned about privacy are far more comfortable with mediation as compared to litigation or arbitration for dispute resolution. Confidentiality is particularly important in settlement proceedings as people are often reluctant to reveal their "bottom line" to the opposing party; in mediation, they may reveal their bottom lines to the mediator in confidence who can use the information to settle the dispute. Cost Reduction Mediation is,
These guidelines were established to set parameters around a mediator's dissemination of legal information. The parameters set authorize a mediator to provide legal information such as brochures or printed material provided by the bar association. However, it strictly prohibits giving legal advice or sharing legal opinions with the parties. Mediation continues to be a controversial topic in the area of civil disputes. Each state has chosen its own approach to
The primary challenge with online dispute resolution is that the online world does not perfectly mirror the real world. Mediation is typically most effective if the parties of the dispute are physically present with the mediator, yet with online dispute resolution there is a level of impersonality that interferes with the mediation process ("The pros," 2003). Although there are benefits to the asynchronous nature of e-mail, mediation is sometimes more
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