Mediator orientations, strategies and techniques

Exploring an integrative framework for understanding mediation

“…Then again, they might reflect the maturation of the individual as mediator. What does stand out is that this finding seems to contradict earlier studies suggesting that over time mediators become more set in their ways (Silbey and Merry, 1986), and that mediators have a predominant style (Riskin, 1994).…”

“…A s others have quite ably set out, there are many ways to mediate (Kressel, 1972;Silbey and Merry, 1986;Bush and Folger, 1994;Kolb and Associates, 1994;Riskin, 1994;Winslade and Monk, 2000). The research reported here also reveals varied understandings of mediation.…”

“…The extant literature tends to posit mediation practices within dualistic indicators. Examples of dichotomous positioning of mediation are facilitative versus evaluative (Riskin, 1994), bargaining versus therapeutic (Silbey and Merry, 1986), problem-solving versus transformative (Bush and Folger, 1994), and settlement versus communicative (Kolb and Associates, 1994). This study, by contrast, explored how mediator-trainers understand mediation; it found multiple, contrasting, and interrelated patterns for conceptualizing mediation, suggesting that not all mediators understand their work as having only one set of meanings.…”

Where East not always meets West: Comparing the Sulha process to Western‐style mediation and arbitration

“…With Sulha, Muslaha (reconciliation) is a core principle, so much so that Sulha is sometimes called Musalaha (Jabbour, 1993). There are "narrow," problem-solving, functional definitions of mediation as a process designed to help solve a technical problem (e.g., "who pays how much to whom"; Riskin, 1994). Nevertheless, many definitions of Western-style mediation are "broader" in that they assume that the parties want to move beyond the technicalities to a process of reconciliation; for example, Victim-Offender Mediation Programs (VOMPs; also known as Victim-Offender Reconciliation Programs [VORPs]), and even transformation (Bush and Folger, 1994).…”

Negotiatory Alchemy: The Court Special Master as Scientist and Mediator

“…At the time this case began, I practiced a more purist: or facilitative-broad mediation style as described by Riskin (1994Riskin ( , 1996. This model emphasizes mediator neutrality, facilitation of the parties to generate their own solutions, and broadly defining problems according to interests.…”