Mediation Theory and Practice https://journal.equinoxpub.com/MTP <p><em>Mediation Theory and Practice</em> is the journal of the <a href="http://www.collegeofmediators.co.uk/" target="_blank" rel="noopener">College of Mediators.</a> It is an international forum for original, peer-reviewed research about mediation, as well as practice and events reports, policy discussions and innovations in mediation training and education. The journal’s approach is multidisciplinary and it is a resource for academics, practitioners, trainers, and policy makers. <a href="https://journal.equinoxpub.com/MTP/about">Learn More about this journal.</a></p> en-US <p>© Equinox Publishing Ltd.</p> <p>For information regarding our Open Access policy, <a title="Open access policy." href="Full%20details of our conditions related to copyright can be found by clicking here.">click here</a>.</p> MTPjournalCoM@gmail.com (Pablo Cortés and Maria Federica Moscati) aparkin@equinoxpub.com (Ailsa Parkin) Tue, 16 Nov 2021 11:08:06 +0000 OJS 3.3.0.7 http://blogs.law.harvard.edu/tech/rss 60 First-time mediator stories https://journal.equinoxpub.com/MTP/article/view/21251 <p>How can mediation trainers and programme directors ensure that mediators are ready for their first solo case? This study utilised an online survey of forty-one mediators across case types to learn from their first mediation experiences; we asked them to reflect on how it felt to mediate for the first time and the ways in which their training had (or had not) prepared them to succeed. We found that more mediators used negative descriptors than positive ones to describe their initial mediation experience, yet nearly all claimed to have enjoyed mediation training. Study participants voiced a desire for more observations and co-mediation of real cases, or short of that, more role-play practice to prepare them for mediation. This study shares their narratives, analyses their feedback for mediation trainers, and helps to normalise the nervousness felt by most mediators during their first (and subsequent) cases.</p> Cathia A. Moon, Susan S. Raines, Laffon Brelland Jr Copyright (c) 2021 Equinox Publishing Ltd. https://journal.equinoxpub.com/MTP/article/view/21251 Tue, 16 Nov 2021 00:00:00 +0000 What can different fields of mediation learn from one another and how might this inform current practice? https://journal.equinoxpub.com/MTP/article/view/20711 <p>This article will examine two innovative aspects of mediation practice that are evident in some, but not all, mediation fields: an ‘extended preparation’ phase following an initial pre-mediation meeting; and the identification and application of wider learning opportunities at an organisational level, based on anonymised mediated outcomes. It will explore the impact these two distinct aspects have in the mediation fields in which they are currently used, including their costs and benefits, and consider the extent to which they could be applied to other mediation contexts. It will offer some observations about how current mediation practice might benefit from ‘cross-field’ learning and it will conclude by urging practitioners to consider adopting a more expansive view of the mediator’s role and the mediation process.</p> Andrew Sims Copyright (c) 2021 Equinox Publishing Ltd. https://journal.equinoxpub.com/MTP/article/view/20711 Tue, 16 Nov 2021 00:00:00 +0000 Purpose in practice https://journal.equinoxpub.com/MTP/article/view/20712 <p>This article examines the similarities and differences of practice and purpose across all fields of mediation delivery. It outlines conclusions from research conducted as part of my PhD in 2016. I was seeking to establish how far there is an understanding of mediation, its purpose, the way it is delivered and the principles by which it is governed that would be recognised and shared by mediators regardless of the context. My conclusions are based on findings from interviews with practitioners working across a variety of sectors. They reveal that mediation achieves multiple purposes which can be organised into themes including: ‘empowerment’, ‘ending the conflict’, ‘improving communication’, ‘relationship repair’, ‘resolving issues’ and ‘settlement’. While context does influence outcome, these purposes were not exclusive of one another: In fact, the central question is more to do with finding an appropriate starting place for discussions. I concluded that mediation is first and foremost a party-led process and this is a key factor in defining its purpose in any context.</p> Lesley Allport Copyright (c) 2021 Equinox Publishing Ltd. https://journal.equinoxpub.com/MTP/article/view/20712 Tue, 16 Nov 2021 00:00:00 +0000 A strategy model for workplace mediation success https://journal.equinoxpub.com/MTP/article/view/18557 <p>This article proposes a three-step model to help workplace mediators decide on the optimum strategy for mediating workplace disputes. The model uses a grid – the Workplace Mediation Strategy Grid – which is based on a modified version of a grid Professor Leonard Riskin developed for categorising mediation orientations. The model asks the mediator to first consider the nature of the workplace dispute based on three facets of the dispute. This guides the mediator to plot a position on the Grid which represents two fundamental aspects of strategy for mediating that dispute: (1) how broadly the problem should be defined by the mediator and (2) the style of mediation that the mediator should use. The mediator implements this strategy improving the likelihood of a fair and positive outcome for the disputing parties.</p> Brian M. Barry Copyright (c) 2021 Equinox Publishing Ltd. https://journal.equinoxpub.com/MTP/article/view/18557 Tue, 16 Nov 2021 00:00:00 +0000 Editors’ note https://journal.equinoxpub.com/MTP/article/view/20710 Pablo Cortés, Maria Federica Moscati Copyright (c) 2021 Equinox Publishing Ltd. https://journal.equinoxpub.com/MTP/article/view/20710 Tue, 16 Nov 2021 00:00:00 +0000 In memoriam: ‘Sonia’ Nourin Shah-Kazemi https://journal.equinoxpub.com/MTP/article/view/20714 Mohamed M. Keshavjee Copyright (c) 2021 Equinox Publishing Ltd. https://journal.equinoxpub.com/MTP/article/view/20714 Tue, 16 Nov 2021 00:00:00 +0000