The Defining Ingredient: Transformative Mediation Ideology in Parenting Coordination Practice

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

19 Pages Posted: 20 Jun 2011 Last revised: 12 Aug 2011

Date Written: 2010

Abstract

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.

Suggested Citation

Greenberg, Elayne E., The Defining Ingredient: Transformative Mediation Ideology in Parenting Coordination Practice (2010). 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, Available at SSRN: https://ssrn.com/abstract=1825435

Elayne E. Greenberg (Contact Author)

St. John's University School of Law ( email )

8000 Utopia Parkway
Queens, NY 11439
United States

HOME PAGE: http://www.stjohns.edu/academics/graduate/law/academics/centers/careycenter

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