The Mediation Alternative: Process Dangers for Women

Grillo, T. Adesanya Ige

doi:10.2307/796781

Cited by 236 publications

(181 citation statements)

References 2 publications

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“…Furthermore, the mandatory mediation was perceived as a justified attempt to resolve the conflicts on children. Its application in California, created lots of controversy (Grillo, 1991;Rosenberg, 1992). The researchers sought to determine how parents were experiencing the process, and if they felt satisfied with the outcome of mediation.…”

Section: Discussionmentioning

confidence: 99%

Addressing Sensitive Issues in Family Mediation: An Albanian Study of Mediator Perceptions

Rafti¹,

Veliu²

2017

Eur. j. soc. sci. educ. res.

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Family mediation is proposed as an alternative approach to conflict resolution, whereby two or more parties to a dispute attempt by themselves, on a voluntary basis, to reach an agreement on the settlement of their dispute with the assistance of a mediator. The objective of this qualitative study was to explore the way mediators address salient issues in mediation, and how it may have an impact on resolving family disputes. The study focused on which are the mediators' perceptions with respect to a range of sensitive issues in mediation process; with regard to sensitive controversy how do mediators identify the needs of mandatory mediation; how mediators consider the inclusion of children in family mediation process; how mediators position themselves in issues such as child and spousal abuse situations in relation to mandatory mediation; and finally, what are the mediators perception with regard to issues linked to pathological behavior from the part of the disputants in relation to mandatory mediation. Consistent with a qualitative approach, semi-structured interviews were chosen to access the actual experience of mediators. The sampling frame was purposive in the study. Furthermore, the sample consisted of interviews with twenty mediators drawn from the Albanian National Chamber of Mediators. Regarding the debate whether mandatory mediation is one of these successful practices for solving family disputes in contrast to voluntary mediation, the findings suggest that most of mediators agree that mediation should only be on a voluntary basis. Most of them disagree with mandatory mediation, since it may have a negative impact on mediation, where possible manifested physical or psychological abuse is screened during mediation sessions. The findings also reveal that most of mediators are not in favor of mandatory mediation, since it may contribute to the failure of mediation, especially where dispute cases related to pathological behavior from the part of one of the disputants is identified during mediation. Furthermore, the decision on whether to include children or not in the mediation process is linked to context, expertise, professional experience from the part of the mediator, and other related factors. As opposed to including children in mediation, most of mediators in the study listed that children should not be included in the mediation process for the following reasons such as, the unwillingness of parents to include children in mediation, the age of the child, and the psychological/emotional state of children. In conclusion, the findings show that the way family mediators address sensitive issues in the field is not only related to mediator's competence of working methods, but it is also linked to nature of conflict, and disputants' individual characteristics. However, further research is needed to determine the effectiveness of family mediation in Albania with regard to models of practice, techniques, strategies, and salient issues in the field.

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Section: Discussionmentioning

confidence: 99%

Addressing Sensitive Issues in Family Mediation: An Albanian Study of Mediator Perceptions

Rafti¹,

Veliu²

2017

Eur. j. soc. sci. educ. res.

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“…In fact, both predictions seem borne out by my study of Michigan interconnection agreements (Brinig, 2004). In that study, 19 See, e.g., Grillo (1991), Marks (1996). 20 For a discussion of depression in non-custodial fathers, see Brinig and Nock (2003) (nearly half a standard deviation more depression, even controlling for the divorce and economic events in their lives).…”

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confidence: 95%

“…See Fay (1989). 24 The most powerful discussion of this role stereotyping phenomenon appears in Grillo (1991). 25 For a discussion of social norms generally, see Posner (2000).…”

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confidence: 99%

"Unhappy Contracts": The Case of Divorce Settlements

Brinig¹

2005

Review of Law &Amp; Economics

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“…The point has been made by many including Martha Fineman (1988) and the late Trina Grillo (1991). Authorities are gathered and summarized in Menkel-Meadow 1991, 11. compensate for perceived power differences in their decisions, and the law often contains power balancing doctrines.…”

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confidence: 99%

“…Mandatory mediation programs have sometimes included the filing of a report by the mediator with the court. This form of mediation can actually exacerbate the problems of power imbalance (Grillo 1991).…”

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confidence: 99%

Clearing the Underbrush for Real-Life Contracting

Woodward

1999

Law soc. inq.

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In his famous book, The Death of Contmct, Grant Gilmore dubbed Stewart Macaulay the "Lord High Executioner of the Contract is Dead school" (Gilmore 1974, 3, n.1; Braucher 1995, 52). Gilmore's book portrayed the development and asserted disintegration of classical contract doctrine as an epic battle between contract titans, with Samuel Williston advancing the classical, relatively "objectivist" approach and Arthur Corbin retorting with something far more nuanced, fact-sensitive, and "real." Gilmore declared "dead" the objectivist approach and, with it, the distinctive character of contract law that made it different from the law of torts from which it emerged in the nineteenth century. Macaulay won his dubious cameo role' in Gilmore's little drama because his path-breaking research had examined how contract law actually operated and his findings had prompted hard questions about the flimsy connection between that "law" and the "law" that lawyers and law students learn about when they study in law school.

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The Mediation Alternative: Process Dangers for Women

Cited by 236 publications

References 2 publications

Addressing Sensitive Issues in Family Mediation: An Albanian Study of Mediator Perceptions

Addressing Sensitive Issues in Family Mediation: An Albanian Study of Mediator Perceptions

"Unhappy Contracts": The Case of Divorce Settlements

Clearing the Underbrush for Real-Life Contracting

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