Mediations: The Silent Workshops of Democracy / Jacques Faget.

Format:

Book

Author/Creator:

Faget, Jacques, author.

Series:

Studies in Restorative Justice ; 10/T-2.

Human Rights and Humanitarian Law E-Books Online, Collection 2026.

Studies in Restorative Justice ; 10/T-2

Human Rights and Humanitarian Law E-Books Online, Collection 2026

Language:

English

Subjects (All):

Education.

Social justice.

Human Rights and Humanitarian Law.

Physical Description:

1 online resource (276 pages)

Edition:

1st ed.

Place of Publication:

Leiden ; Boston : Brill | Nijhoff, 2026.

Language Note:

English

Summary:

For the past four decades, mediation practices have been steadily developing in Western societies, offering new ways for citizens to coexist peacefully. Unlike most works that focus on a single country or field, this book provides a comprehensive international overview of the development and implementation of mediation in all its forms. It explores the history and philosophy of mediation, outlines its ethical and professional principles, and presents the diverse models that guide practitioners. Departing from the dogmatic perspectives often found in the specialist literature, it proposes a flexible and adaptable approach to conflict that can be applied across a wide range of contexts—political, environmental, judicial, family, social, educational, commercial, and health.Through a socio-political and empirical lens, the book highlights the considerable promise of this non-violent method of conflict resolution, while also critically examining its dangers and limitations.

Contents:

Intro

Contents

Acknowledgments

Foreword for Mediations: The Silent Workshops of Democracy

Introduction

1 Conflicts

2 Pacifications

3 Mediations

4 Analytical Barriers

5 Obstacle 1: A Wrongly Identified Social Object

6 Obstacle 2: A World Full of Believers

7 Obstacle 3: Multi-faceted and Overlapping Uses

8 Obstacle 4: Sectorial and National Visions

Part 1 The Social and Political Construction of Mediation

Chapter 1 The Origins of Mediation

1 A Foundation of Values

2 A Religious Perspective

3 A Political Vision

3.1 Commitment to Legal Access

3.2 Neighbourhood Justice Centres and the 'Boutiques de Droit'

3.3 The San Francisco Community Boards

4 An Intellectual Context

4.1 Critical Legal Studies

4.2 The Palo Alto School and Interactionism

4.3 Carl Rogers' Humanistic Psychology

4.4 The Deconstruction Movement and the 'French Theory'

Chapter 2 The Development of Mediation

1 The Contextual Conditions of Mediation's Development

2 The Linguistic Factor

3 The Political and Ideological Context

4 Religion

5 Indigenous Communities

6 Legal Culture

7 The Legitimacy of the Judicial Institution

8 The Cultural Context

9 The Sociopolitical Reasons for the Development of Mediation

10 The Metamorphosis of Political Regulations

11 The Decline of Institutional Regulations

12 The Collapse of Traditional Social Regulations

13 The Legal and Judicial Regulation Crisis

14 The Dynamics of Mediation's Development

15 Fragmentation

16 Institutionalisation

17 Merchandising

Part 2 The Normative Construction of Mediation

Chapter 3 The Ethical and Deontological Framework of Mediation

1 The Ethical Framework

2 The Philosophical Background

2.1 The Ethics of Freedom

2.2 The Ethics of Equality

2.3 The Ethics of Social Harmony.

3 The Ideological Background

3.1 The Promotion of Participative Democracy

3.2 The Rise of Recognition Policies

3.3 The Rise of Relational Individualism

4 The Deontological 'Fundamentals' of Mediation

4.1 Characteristics of the Third-Party Posture

4.1.1 Competence

4.1.2 Impartiality and Neutrality

4.1.3 Independence

4.1.4 The Absence of Decision-Making Power

4.2 The Characteristics of the Process

4.2.1 The Mediation Process Is Communicative

4.2.2 The Mediation Process Is Cooperative

4.2.3 The Process of Mediation Is Directly Participative

4.3 The Process's Legal Background

4.3.1 The Consensual Characteristic

4.3.2 Confidentiality

4.3.3 The Suspension of Legal Limitation Period

4.3.4 The Agreement's Legal Value

Chapter 4 Models of Mediation

1 The Problem-Solving Model

2 The Harvard Negotiation Model

2.1 The Conceptual Framework of the Harvard Negotiation Model

2.2 The Harvard Model Adaptation: The Authentic Arena

2.2.1 The Mediation Cycle Model

2.2.2 The Authentic Arena

3 The Transformative Model

4 R. Barush Bush and Joseph Folger's Conceptualisation

5 John Burton and Johan Galtung's Theoretical Contributions

5.1 John Paul Lederach's Perspective

6 The Narrative Model

7 The Systemic Model

8 The Empirical Hybridisation of Models

Part 3 The Fields of Mediation

Chapter 5 Political Mediation

1 The Two Approaches to Political Mediation

1.1 Top-Down Mediations

1.1.1 Conflict

1.1.2 The Parties

1.1.3 Context

1.1.4 The Mediator's Positioning

1.1.5 The Measure of Mediation's Effects

1.2 'Bottom-Up' Mediations

1.2.1 Diverse mobilizations

1.2.2 A Wide Range of Action Models

1.2.3 Multiple Interacting Arenas

2 The Political Stakes of Mediation

2.1 A Simple Facelift for Diplomatic Work.

2.2 The Ethical Metamorphosis of the Peace Work

Chapter 6 Environmental Mediation

1 A Political and Institutional Counterculture

2 Complex Tinkering

3 The Rise of a New Democratic Spirit?

Chapter 7 Victim-Offender or Penal Mediation and Restorative Justice

1 Victim-Offender or Penal Mediation

2 Restorative Justice

2.1 The Triple Conception of Restorative Justice

2.2 The Foundational Principles of Restorative Justice

2.3 The Main Restorative Programmes

2.3.1 Author-Victim Mediation

2.3.2 Community Conferences

2.3.3 Sentencing Circles

2.3.4 Meetings between Prisoners or Offenders and Victims

2.4 Conclusion and Perspectives

Chapter 8 Civil Judicial Mediation

1 A Hybridization between Imposed and Negotiated Order

2 The Competence of Judiciary Mediators

3 The 'Juridification' of Mediation Practices

Chapter 9 Family Mediation

1 The Causes for Non-recourse to Mediation

2 An Institutional Tension

3 An Ideological Tension

4 Identity Tension

5 A Financial Tension

6 Empirical Tensions

7 A Communicational Effect

Chapter 10 Citizen, Intercultural and Social Mediation

1 A Diversity of Organisational Modes

2 A Diversity of Objectives

2.1 Agonistic Mediation

2.2 Adaptive Mediation

2.3 Regulative Mediation

3 Second-Class Justice?

Chapter 11 School Mediation

1 Different Models of School Mediation

1.1 Peer Mediation

1.2 Mediation by Adults

1.3 Family/School Mediation

1.4 Restorative Mediations

1.1.1 Preventative Practices

1.1.2 Focused Practices

1.1.3 Intensive Practices

2 School Mediation: A Placebo Effect?

Chapter 12 Company and Commercial Mediation

1 Inter-company Mediations

2 Mediation at Work

3 Consumer Mediation and Online Mediation

Chapter 13 Sanitary and Hospital Mediation

1 Towards a Health Democracy?.

2 A Delicate Promotion of Dialogue

Conclusion

1 System Axis: Institutional Forces/Inspirational Forces

2 Actor Axis: Emancipation/Normalisation

Bibliography.

Notes:

Includes bibliographical references and index.

Description based on publisher supplied metadata and other sources.

Description based on print version record.

ISBN:

90-04-73406-6

9789004734067

OCLC:

1586549068

Publisher Number:

10.1163/9789004734067 DOI