Brendan Donaghy, September 2013
Thanks to everyone who has supported Mediation Digest since its launch in April 2011. Contributors, regular readers, occasional visitors - it’s been a genuine pleasure rubbing shoulders with you all these past 30 months. All good things come to an end, however. My day job is changing and I’m no longer going to have the time or be in the right position to edit the journal, so I’m stepping away from the editor’s role more or less immediately. There is a chance that Mediation Digest might resurface under new management - if so, you’ll hear about it here first. Thanks again for your company!
Jacqueline Irwin, August 2013
In a society that values freedom of speech, any discussion on parades and protests must start by saying that violence is condemned. Attacks on the police during parades and protests are also to be condemned. The quality of our democracy and our freedom to safely express differences of opinion depends, in part, on the rule of law. Police officers, upholding the rule of law on our behalf, need to be supported by the whole community. Their role in our wider governance and democracy must be properly understood by all of us, including those who wish to have their own way in a parade or protest.
Ken Johnson, June 2013
The world of mediation is changing as technologies make the world a smaller and smaller place to live. Thanks greatly to the internet, the world of mediation is now truly a global society of professionals. This diversity of backgrounds, needs, and knowledge is already changing the practice of mediation. In America, we are seeing Alternative Dispute Resolution (ADR) practices in play that typically have only been used in the United Kingdom, Eastern Europe, and parts of Africa. By the same token, American practices and ideas on mediation and ADR are now permeating into other countries. Throughout the world, we are also seeing new models emerge, as old paradigms of conflict resolution and conflict transformation become almost indistinguishable. Practices such as collaborative law and expert determination are merging with transformative mediation, community mediation, victim-offender mediation (VOMA), juvenile panels, and others, blurring the lines between the different models in the effort to handle the issues of catabolic conflict.
Sean Mag Uidir, June 2013
Community Restorative Justice Ireland went live in 1998 with a number of pilot projects opening in Belfast and Derry. This was the culmination of five years of work and debate in the community. However, it was to prove only the start of a process of developing restorative responses to what were very often complex issues and difficult environments.
Charlie Irvine, May 2013
Charlie Irvine is a freelance mediation practitioner and teacher based in Glasgow, Scotland. He is Visiting Professor at Strathclyde Law School, leading the Masters programme in Mediation and Conflict Resolution. Charlie is a qualified lawyer with experience of business and management. He is also a former professional musician. He has written extensively on mediation, conflict and the law. In this article, which first appeared in February on the Kluwer Mediation Blog, Charlie asks the question: can a mediator have any style or does the style vary from situation to situation? Read the full article here: Style Wars.
Any thoughts on Charlie's article? Why not share them on the Mediation Digest Readers' Group? Click here.
Gary Weiner, March 2013
Research into mediator quality is being given fresh impetus by the American Bar Association (ABA) Section of Dispute Resolution. The organisation is to host a lunch meeting that will start the process of outlining a research agenda into mediator quality. The event follows on from last year's successful 'conference within a conference', when leading practitioners like Ken Kressel, Dean Pruitt, Phillip Glenn, James Wall, Craig McEwen and Tania Sourdin came together to discuss the empirical study of mediation. The discussions were moderated by prominent mediator, arbitrator and attorney, Gary Weiner, and were informed by his 2012 paper, A Call For Evidence Based Standards For Mediator Quality. Speaking to Mediation Digest, Gary said:
'' I wrote the paper as a foundational document for last year's Conference in an attempt to stimulate debate. I've been fortunate enough to have been involved in the development of court connected mediation and in the practice of mediation over many years. I think it's vital that, as practitioners, we understand better how we best do the work we do".
Read the full document here: A Call For Evidence Based Standards For Mediator Quality
Comment on the article here.
Brendan Donaghy, February 2013
This is the fourth revision of The Mediator’s Handbook and the first one in 15 years. The book has been around in various guises for 30 years since it started life as a publication of the Friends Mediation Service in Philadelphia. Eileen Stief created the mediation programme of the Service in 1976 and at that time there was little in the way of mediation manuals available to the volunteers of the programme, or to the wider public. Intern Jennifer Beer sought to put this right in 1982 by creating the first Handbook and she has been at the helm as chief writer and editor of all subsequent revisions since then. This time she has worked for over two years with Caroline Packard and Joan Broadfield to produce a book they describe as ‘our long-simmering pot of soup’. So what shape’s the soup in when you lift the lid?
John Davitt, February 2013
In this challenging essay, law student John Davitt examines whether the legal profession has 'lost its soul'. He considers the idea that the human dignity dimension is missing in current versions of adversarial lawyering and argues that mediation has an important role to play in 'rehumanising' the legal system. Finally, he looks at the steps taken to promote mediation and asks if these steps risk undermining the very process they seek to champion.
John Davitt is a final year law student at the University of Limerick, with a particular interest in company and commercial law and Alternative Dispute Resolution processes. In the course of studying for his law degree, he has been the recipient of the University of Limerick President's Letter in respect of outstanding exam results. He has also completed a six month internship with Allianz Insurance PLC. John, along with a classmate, recently raised over €8,000 for Console, a suicide awareness charity, through a sponsored climb of Mount Kilimanjaro, Tanzania.
Read John's essay here: Mediation: Humanising the Legal System .
Comment on the article here.
Lorraine Schaffer, January 2013
This article raises two questions: why does theory matter and why is it sorely lacking from most mediation training in England?* These are linked to the status of mediation and how we are perceived; whether as a profession or as I would contend, not yet. National Family Mediation did some consumer research into what people thought about mediation and found that many people did not know what it was. When asked what they wanted to know, the credentials and qualifications of mediators were high on their list.Theory matters because it provides a language in which to communicate ideas, it matters because it offers a range of concepts, models, ways of thinking about conflict and conflict interventions. It matters because it stimulates informed discussion. Mediation training in England is process and skills led. It does not provide the kind of theory and knowledge base that is needed to underpin professional practice or to encourage innovations in practice. Mediators are supposed to be good at listening to opposing views. What about considering ideas which challenge how you see yourselves as mediators?
Ian McDonough, January 2013
Modern living, whether urban, suburban or rural is full of stress, and more and more people view their home as a place of escape or sanctuary. When this sanctuary is invaded, either by noise or other means, conflict will frequently result. Add to this the problems caused by much of modern building construction (inadequate soundproofing, poor estate design, space constraints), a sharp increase in the ownership of noisy domestic appliances, and a mobile society where people sometimes do not even know who their neighbours are, and we have an incendiary mixture which is bound to burst into flames on occasion. Community mediation is a frequently used and highly successful way of assisting neighbours and groups of people in neighbourhoods resolve a wide range of conflicts. Community mediation in Scotland has grown considerably in the last ten years, and there are now services covering almost the whole of the country, from large urban conurbations to the Highlands and Islands.