The Defining Ingredient: Transformative Mediation Ideology in Parenting Coordination Practice
Elayne E. Greenberg
St. John's University School of Law
TRANSFORMATIVE MEDIATION: A SOURCEBOOK - RESOURCES FOR CONFLICT INTERVENTION PRACTITIONERS AND PROGRAMS, p. 271, Joseph P. Folger, Robert A. Baruch Bush, and Dorothy J. Della Noce, eds., Institute for the Study of Conflict Transformation, 2010
St. John's Legal Studies Research Paper No. 11-007
The ethics, appropriateness and efficacy of med/arb as a hybrid dispute resolution process remains a hotly debated topic among dispute resolution scholars and commentators. However, the import of incorporating a specific mediation ideology in any hybrid dispute resolution process such as med/arb has been conspicuously absent from this important discussion.
This chapter posits that the selection of mediation ideology in a hybrid dispute resolution process is a defining choice that shapes the quality of the entire dispute resolution process. Moreover, the selection or failure to make a selection about mediation ideology has philosophical, practice and political implications. As an illustration, the author discusses the ethical, design and practice issues that emerge when selecting a transformative mediation ideology as part of a parenting coordination practice, a med/arb dispute resolution for high conflict families. The author concludes by extrapolating considerations for designers and users of hybrid dispute resolution processes.
Number of Pages in PDF File: 19Accepted Paper Series
Date posted: June 20, 2011 ; Last revised: August 12, 2011
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