Retiring and replacing the grid of mediator orientations

Riskin, Leonard L.

doi:10.1002/alt.3810210402

Cited by 4 publications

(6 citation statements)

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“…Unlike evaluative mediation, which emphasizes the mediator's expertise in the field and his or her evaluative role, facilitative mediation is rooted in strengthening the parties' own problem‐solving abilities. Regarding the influence of individual participants in the mediation process, Riskin (2003) noted that facilitative mediation assumes the intelligence and ability of the parties to understand their situation better than outside advisors, including their mediators or lawyers. Bush (2023), Della Noce et al (2002), and Antes et al (1999) emphasize the focus of facilitative mediation on managing the process through structured phases, including opening sessions, setting ground rules, gathering information, and creating options.…”

Section: Transformative Mediation Centermentioning

confidence: 99%

The inclusion of children in divorce mediation: A continental ‘non‐directive’ approach

Brzobohatý

2024

Conflict Resolution Qtrly

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This article undertakes an interdisciplinary examination of child‐inclusive mediation (CIM) in divorce and separation mediation, particularly its implementation in the Czech Republic through the Mediation and Education Centre in Brno (MEDUC). It aims to offer a comparative analysis of MEDUC's unique non‐directive mediation model, which involves children's active participation in mediation processes, in contrast to the original Australian model of Child‐Inclusive Mediation and Counseling (CIMC). This paper uses a structured theoretical methodology combining comparative and conceptual analysis. Specifically, the comparative approach contrasts Australian and Czech practices and reveals key differences and similarities in legal frameworks, philosophical theories, and the roles of mediators and child specialists. Meanwhile, the conceptual analysis draws on an extensive literature review to explore the theoretical underpinnings of Australian and Czech family mediation approaches. The study identifies considerable flexibility in adapting CIP models in different legal and cultural settings. Although Australian practices heavily influence MEDUC, it has adapted these principles to fit its legal and cultural context. The article highlights the potential of combining human rights and therapeutic approaches, augmented by developmental psychology and international child rights standards, to create a more nuanced and child‐sensitive mediation practice. The article highlights the value of a multidisciplinary, adaptive approach to practice involving children in family mediation. It suggests that integrating psychological and legal‐philosophical theories can lead to a robust model that can be adapted to different cultural and legal settings. It advocates for future research to empirically evaluate the effectiveness and sustainability of these adapted models and explore how cultural perceptions of childhood and family roles may influence the success of CIP.

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Section: Transformative Mediation Centermentioning

confidence: 99%

The inclusion of children in divorce mediation: A continental ‘non‐directive’ approach

Brzobohatý

2024

Conflict Resolution Qtrly

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“…Jordaan 2017). Riskin (2003) calls the mediator the most powerful person in the room. Perhaps that is an overstatement, perhaps not.…”

Section: Rorty On the Hermeneutics Of Hopementioning

confidence: 99%

“…54 Note the important remark by GregRooney (2015, p. 2) that "neutral" facilitative mediation and principles like "balanced power" simply do not exist in pure form, but only in theory-and for that reason mere aspirations.55 The "Riskin Grid," for instance, illustrates the different roles the mediator can play in a dispute. SeeRiskin (2003).…”

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confidence: 99%

The Metanarraphors We Lead and Mediate by: Insights from Cognitive Metaphor Theory in the Context of Mediation in a VUCA World

Kok

Jordaan

2018

Contributions to Management Science

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We live in a superdiverse and supermobile world which is Volatile, Uncertain, Complex and Ambiguous (VUCA). Diversity management, social cohesion, mediation and negotiation skills are needed in such times. In all discourses, within the context of leading and facilitating the resolution of disputes metaphorical frameworks of meaning are created. The challenge for the mediator is to become aware of, and keep in mind how metaphors affect the process of mediation and the mediator's own role in it. Those unaware of the dynamics of metaphor theory might implicitly be limited in the mediation process due to the socio-cognitive confines and frames of the metaphors being used in a given mediation context. By becoming aware of the dynamics of metaphor, by means of critically reflecting on metaphor theory, that which is often overt in the mediation dynamics, could be reflected upon covertly. This in turn will empower not only the mediator, but also the parties to a conflict or dispute as they reflect critically on the "metanarraphors" (meta-narratives and metaphors) they mediate or are influenced by.

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“…For example, good facilitation skills underlie most effective approaches to mediation, but this taxonomy is the most common and popular way of characterizing what mediators do. Len Riskin proposed a grid to describe different styles, but then abandoned it (Riskin, , ) because he thought it created more confusion than clarity. Many still appreciate Riskin's effort to create a four‐cell framework based on whether mediators took a broad or a narrow focus on the conflict and whether they were more evaluative or facilitative in style.…”

Section: How Much Should We Focus On Personal Growth and Change Versumentioning

confidence: 99%

Mediation: 50 Years of Creative Conflict

Mayer¹

2013

Family Court Review

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Retiring and replacing the grid of mediator orientations

Cited by 4 publications

References 0 publications

The inclusion of children in divorce mediation: A continental ‘non‐directive’ approach

The inclusion of children in divorce mediation: A continental ‘non‐directive’ approach

The Metanarraphors We Lead and Mediate by: Insights from Cognitive Metaphor Theory in the Context of Mediation in a VUCA World

Mediation: 50 Years of Creative Conflict

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