Exploring the common ground in mediation

Allport, Lesley Ann (2016). Exploring the common ground in mediation. University of Birmingham. Ph.D.

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This study examines similarities and differences in mediation practice across sectors and considers whether variations in delivery are so wide that they cannot be regarded as the same process. The following conclusions are based on interviews with experienced practitioners from a variety of settings:

There is far more commonality across sectors than is currently acknowledged among mediators. While there are undoubtedly variations in practice, these are found as much within fields of delivery as between them.

Historically, mediation operated within communities and provided social cohesion in the face of conflict and disharmony. As a result of the ADR movement, mediation is now closely associated with the civil justice system and virtually synonymous with ‘settlement’. This limits the potential for addressing ideological aspects of conflict resolution such as enhanced communication and relationship repair.

There is an unresolved relationship between mediation and law, and an uneasy tension between lawyers and mediators. This is seen in the evolution of hybrid roles such as that of the ‘lawyer-mediator’.

The mediation profession remains disjointed and makes little attempt to engage in dialogue across sectors. Despite core principles in common, there is no one representative voice of mediation and a need for greater clarity and cohesion.

Type of Work: Thesis (Doctorates > Ph.D.)
Award Type: Doctorates > Ph.D.
College/Faculty: Colleges (2008 onwards) > College of Arts & Law
School or Department: Birmingham Law School
Funders: None/not applicable
Subjects: K Law > K Law (General)
URI: http://etheses.bham.ac.uk/id/eprint/6746


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