The fugitive identity of mediation : negotiations, shift changes and allusionary action / Debbie De Girolamo.

Format:

Book

Author/Creator:

De Girolamo, Debbie, author.

Language:

English

Subjects (All):

Mediation.

Negotiation.

Mediation--Case studies.

Physical Description:

1 online resource (258 p.)

Edition:

1st ed.

Place of Publication:

Abingdon, Oxon : Routledge, 2013.

Language Note:

English

Summary:

Despite much having been written about what mediation is, direct observations of commercial mediations are limited. This book grants an opportunity to observe mediation in action and also provides external commentary about the actions observed. The book approaches Mediation ethnographically as a social process that is informed by structures, rules and norms that colour the environment within which it operates. Through the ethnographic method, a process leading to negotiated order is examined, baring its elements, identifying its influences and studying the movement to order. The resu

Contents:

Cover; Half Title Page; Title Page; Copyright Page; Dedication; Table of Contents; Acknowledgments; 1 Unmasking the mediation process: An ethnographic approach to the study of mediation; The Mediator's Story; Mediation as a dispute resolution process; Overview of study; Disputing through an ethnographic lens; The ethnographic process; The ethnographic approach; The ethnographic method; An ethnographic application to this study; Summary; 2 My village; The fieldwork site; The mediators; The parties; The mediations; Summary; 3 Mediation: Exploring the prism; Mediation defined

Models of mediator interventionNeutrality: a discussion; Mediator vision; Mediator behaviour; Mediation as assisted negotiation; A mediation model; Summary; 4 Negotiated order: The processual framework of negotiation; Strategy and patterns: approaches to process; Phases of negotiation revealed; The six phases; Unilateral articulation of positions; Case Study 1: Personal injury negotiation - the falling crane; Case analysis; Information exchange; Case Study 2: Nuisance claim - the showering softballs; Case analysis; Testing of positions

Case Study 3: The services contract - website malfunctionCase analysis; Shift in position; Case Study 4: Management services contract - unpaid invoices; Case analysis; Bargaining proposals; Case Study 5: Corporate liquidation - shareholder conduct; Case analysis; Joint decision-making for final agreement; Case Study 6: Employment dispute - the disabled worker; Case analysis; The processual arc; Summary; 5 The native voice; Case Study 7: Technology foul-up; Case analysis; Case Study 8: Partnership gone awry; Case analysis; Case Study 9: The fishing logo; Case analysis; Summary

6 The mediation quintet: Hidden identitiesCase Study 7: Technology foul-up; Case analysis; Case Study 8: Partnership gone awry; Case analysis; Case Study 9: The fishing logo; Case analysis; Summary; 7 Epilogue: The fugitive identity of mediation - negotiations, shift changes and allusionary action; Implications; Limitations to this study; What next?; Coda; Appendix A: Interview protocol for mediators post-mediation; Appendix B: Interview guideline for participants post-mediation; Bibliography; Index

Notes:

Description based upon print version of record.

Includes bibliographical references and index.

Description based on metadata supplied by the publisher and other sources.

ISBN:

1-134-07518-9

0-203-52170-6

1-299-46936-1

1-134-07511-1

9780203521700

OCLC:

846966071