Disputing neutrality: A case study of a bias complaint during mediation

Garcia, Angela Cora; Vise, Kfustie; Whitaker, Stephen Paul

doi:10.1002/crq.20

Cited by 24 publications

(30 citation statements)

References 22 publications

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“…Yet in fi nancial disputes with couples who display low to moderate confl ict, lawyers were more convinced than mental health professionals that facilitative mediation was the preferable confl ict resolution option (Butts 2001). In the case of clients with low socioeconomic status, mediators more easily facilitate information (Garcia, Vise, and Whitaker 2002).…”

Section: The Determinants: Client and Professional Characteristicsmentioning

confidence: 99%

Styles and Goals: Clarifying the Professional Identity of Divorce Mediation

Baitar

Buysse

Brondeel

et al. 2013

Conflict Resolution Qtrly

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Section: The Determinants: Client and Professional Characteristicsmentioning

confidence: 99%

Styles and Goals: Clarifying the Professional Identity of Divorce Mediation

Baitar

Buysse

Brondeel

et al. 2013

Conflict Resolution Qtrly

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show abstract

“…Modern research shows that neutrality is a skill which is difficult to develop for mediators (Hoffman & Bowling, 2000;Garcia, Vise, & Whitaker, 2002). In mediation procedures, the neutral position of the mediator, as opposed to bias and partiality, is very important.…”

Section: Discussionmentioning

confidence: 99%

Mediation in Education for Harmonization of International Relations in a Multicultural Environment of Krasnoyarsk Region

Smolyaninova¹,

Popova²

2019

ARPHA Proceedings

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Development of mediation practices for resolving interethnic conflicts in a multicultural educational environment is actual due to the globalization and expansion of migration flows. The paper is aimed at the analysis of challenges of interethnic relations in a multicultural environment of the Krasnoyarsk Region and the empirical research of mediation practices development in the field of education to resolve conflicts between the actors of the education process, including intercultural conflicts. Based on the content analysis of the Krasnoyarsk schools reporting documents on mediation procedures, the problematic aspects of the introduction of mediation in the multicultural educational environment of the region were characterized. The deficiencies of teacher education in terms of development of migration processes in Russia were indentified, among which the most acute is shortage of mediation techniques use for prevention and resolution of intercultural conflicts at all levels of education due to the lack of mediation specialists and practitioners. The survey on the didactic components of the mediation competence was carried out. The article presents the analysis on the key professional competencies, obtained from the expert survey of practicing mediators of Krasnoyarsk, in a comparative retrospective with similar international studies. The practical use of the study is in fostering the mediation practices implementation in the educational environment to resolve conflicts between the culturally diverse actors of educational process.

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“…In a more recent study, Garcia et al (2004) investigated a case study involving a bias complaint involving a mediation. In the examined case, one of the parties made an accusation of mediator bias during a court hearing.…”

Section: Symmetrymentioning

confidence: 99%

Future directions in neutrality research: symmetry and transparency

Fehrenbach

Hubbard

2014

International Journal of Conflict Management

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Purpose -The purpose of this paper is to provide a comprehensive review of the neutrality literature and suggests areas ripe for future research. Design/methodology/approach -The authors reviewed journal articles on the topic of neutrality in mediation, which included theoretical viewpoints and empirical research on practicing mediators' understanding of neutrality. Findings -The review of literature revealed that party perspectives are largely missing from current neutrality literature. Two potential concepts emerged from the authors' review of literature that could potentially influence parties' attributions of mediator neutrality: symmetry and transparency. Symmetry refers to the equal treatment of parties, whereas transparency refers to providing an explanation of past or future behavior. Research on whether symmetry and transparency are key influences on party assessment of mediator neutrality could make a significant contribution to the field. Research limitations/implications -The authors call on researchers with diverse methodological perspectives to examine, from the party's perspective, important questions regarding the meaning of neutrality, mediator strategies to successfully enact neutrality and the impact of neutrality on mediation outcomes. Originality/value -Neutrality is arguably one of the most important concepts to the mediation field. Despite its significance to the field, only limited research has been conducted to better understand how neutrality is enacted in practice. This paper provides a comprehensive review of the literature and provides a launching point for future research.The concept of neutrality is at the forefront of both mediator trainings and guidelines for standards of conduct. Neutrality is often included in descriptions of a mediator (i.e. "neutral third party") and is even sometimes substituted for the title of the mediator (i.e. "neutral"). The purpose of this paper is to provide a comprehensive review of the literature on neutrality in mediation, providing a launching point for future research on this important topic.

show abstract

Disputing neutrality: A case study of a bias complaint during mediation

Cited by 24 publications

References 22 publications

Styles and Goals: Clarifying the Professional Identity of Divorce Mediation

Styles and Goals: Clarifying the Professional Identity of Divorce Mediation

Mediation in Education for Harmonization of International Relations in a Multicultural Environment of Krasnoyarsk Region

Future directions in neutrality research: symmetry and transparency

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