Transformative Mediation
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Transformative Mediation
Transformative mediation describes a unique approach to conflict intervention that was first articulated by Robert A. Baruch Bush and Joseph P. Folger in 1994 in ''The Promise of Mediation''. It has been the subject of much study, research and development ever since. Overview As summarized by Della Noce, Bush & Folger (2002), the transformative approach to mediation practice takes an essentially social / communicative view of human conflict. According to this model, a conflict represents first and foremost a crisis in some human interaction—an interactional crisis with a somewhat common and predictable character. Specifically, the occurrence of conflict tends to destabilize the parties' experience of both self and other, so that the parties interact in ways that are both more vulnerable and more self-absorbed than they did before the conflict. Further, these negative dynamics often feed into each other on all sides as the parties interact, in a vicious circle that intensifies ea ...
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Research And Development
Research and development (R&D or R+D), known in Europe as research and technological development (RTD), is the set of innovative activities undertaken by corporations or governments in developing new services or products, and improving existing ones. Research and development constitutes the first stage of development of a potential new service or the production process. R&D activities differ from institution to institution, with two primary models of an R&D department either staffed by engineers and tasked with directly developing new products, or staffed with industrial scientists and tasked with applied research in scientific or technological fields, which may facilitate future product development. R&D differs from the vast majority of corporate activities in that it is not intended to yield immediate profit, and generally carries greater risk and an uncertain return on investment. However R&D is crucial for acquiring larger shares of the market through the marketisation ...
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Mediation
Mediation is a structured, interactive process where an impartial third party neutral assists disputing parties in resolving conflict through the use of specialized communication and negotiation techniques. All participants in mediation are encouraged to actively participate in the process. Mediation is a "party-centered" process in that it is focused primarily upon the needs, rights, and interests of the parties. The mediator uses a wide variety of techniques to guide the process in a constructive direction and to help the parties find their optimal solution. A mediator is facilitative in that she/he manages the interaction between parties and facilitates open communication. Mediation is also evaluative in that the mediator analyzes issues and relevant norms ("reality-testing"), while refraining from providing prescriptive advice to the parties (e.g., "You should do..."). Mediation, as used in law, is a form of alternative dispute resolution resolving disputes between two o ...
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Conflict (process)
A conflict is a struggle and a clash of interest, opinion, or even principles. Conflict will always be found in society; as the basis of conflict may vary to be personal, racial, class, caste, political and international. Conflict may also be emotional, intellectual, and theoretical, in which case academic recognition may, or may not be, a significant motive. Intellectual conflict is a subclass of cultural conflict, a conflict that tends to grow over time due to different cultural values and beliefs. Conflict in a group often follows a specific course. ''Routine group interaction'' is first disrupted by an ''initial conflict'' within the group, often caused by internal differences of opinion, disagreements between its members, or scarcity of resources available to the group. At this point, the group is no longer united, and may split into coalitions. This period of ''conflict escalation'' in some cases gives way to a ''conflict resolution stage'', after which the group can eventua ...
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Settlement (litigation)
In law, a settlement is a resolution between disputing parties about a legal case, reached either before or after court action begins. A collective settlement is a settlement of multiple similar legal cases. The term also has other meanings in the context of law. Structured settlements provide for future periodic payments, instead of a one time cash payment. Basis A settlement, as well as dealing with the dispute between the parties is a contract between those parties, and is one possible (and common) result when parties sue (or contemplate so doing) each other in civil proceedings. The plaintiffs and defendants identified in the lawsuit can end the dispute between themselves without a trial. The contract is based upon the bargain that a party forgoes its ability to sue (if it has not sued already), or to continue with the claim (if the plaintiff has sued), in return for the certainty written into the settlement. The courts will enforce the settlement. If it is breached, the par ...
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Social Interaction
A social relation or also described as a social interaction or social experience is the fundamental unit of analysis within the social sciences, and describes any voluntary or involuntary interpersonal relationship between two or more individuals within and/or between groups. The group can be a language or kinship group, a social institution or organization, an economic class, a nation, or gender. Social relations are derived from human behavioral ecology, and, as an aggregate, form a coherent social structure whose constituent parts are best understood relative to each other and to the ecosystem as a whole. Fundamental inquiries into the nature of social relations feature in the work of sociologists such as Max Weber in his theory of social action. Social relationships are composed of both positive (affiliative) and negative (agonistic) interactions, representing opposing effects. Categorizing social interactions enables observational and other social research, such as Gemeinsc ...
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Intergroup Dialogue
Intergroup dialogue is a "face-to-face facilitated conversation between members of two or more social identity groups that strives to create new levels of understanding, relating, and action". This process promotes conversation around controversial issues, specifically, in order to generate new "collective visions" that uphold the dignity of all people. Intergroup dialogue is based in the philosophies of the democratic and popular education movements. It is commonly used on college campuses, but may assume different namesakes in other settings. History Intergroup dialogue is rooted in "philosophical and cultural traditions that have valued dialogue as a method of communication and inquiry" to explore shared issues. These traditions heavily influenced 20th century movements for democratic education, which included intergroup dialogue as a core objective. The application of dialogue in education was a core tenet of the democratic education movement, drawing on the work of public in ...
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Law Review
A law review or law journal is a scholarly journal or publication that focuses on legal issues. A law review is a type of legal periodical. Law reviews are a source of research, imbedded with analyzed and referenced legal topics; they also provide a scholarly analysis of emerging law concepts from various topics. Law reviews are generated in almost all law bodies/institutions worldwide. However, in recent years, some have claimed that the traditional influence of law reviews is declining. Unlike other scholarly journals, most law journals in the United States and Canada are housed at individual law schools and are edited by students, not professional scholars. A law school will typically have a "flagship" law review and several secondary journals dedicated to specific topics. For example, Harvard Law School's flagship journal is the '' Harvard Law Review'', and it has 16 other secondary journals such as the ''Harvard Journal of Law & Technology'' and the '' Harvard Civil Rights ...
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