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7/14/2009 5:01:47 PM
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UCREFRP
UCREFRP Catalog Number
8125
Author
Moore, C. W.
Title
Editor
USFW Year
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USFW - Doc Type
1986
Copyright Material
YES
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How Mediation Works 23 <br />disputes in correctional facilities (Reynolds and Tonry, 1981). <br />Mediation in the latter arena takes the form of both crisis inter- <br />vention in case of prison riots or hostage negotiations and insti- <br />tutionalized grievance procedures. <br />Perhaps the fastest-growing arena in which mediation is <br />practiced is in family disputes. Court systems and private prac- <br />titioners provide mediation to families in child custody and di- <br />vorce proceedings (Coogler, 1978; Haynes, 1981; Irving, 1980; <br />Saposnek, 1983; Moore, forthcoming); disputes between par- <br />ents and children (Shaw, 1982; Wixted, 1982), conflicts involy- <br />ing adoption and the termination of parental rights (Mayer, <br />1985), and spousal disputes in which there is domestic violence <br />(Bethel and Singer, 1982; Orenstein, 1982; Wildau, 1984). In <br />family disputes, mediated and consensual settlements are often <br />more appropriate and satisfying than litigated or imposed out- <br />comes. Models of practice in this area include mandatory court- <br />connected programs in which disputants must try mediation <br />before a judge will hear the case; voluntary court programs; and <br />forms of private practice such as sole practitioners, partnerships, <br />and private nonprofit agencies. <br />Mediation is also used within and between organizations <br />to handle interpersonal and institutional disputes. The scope of <br />mediation application ranges from mediating one-on-one per- <br />sonnel disputes, managing problems between partners (such as <br />in law or medical practices), interdepartmental conflicts, and <br />altercations between companies (Biddle and others, 1982; Blake <br />and Mouton, 1984; Brett and Goldberg, 1983; Brown, 1983). <br />Mediation is also applied to a variety of larger disputes <br />over environmental and public policy issues (Talbot, 1983; <br />Bingham, 1984; Carpenter and Kennedy, 1977; Cormick, 1976; <br />Lake, 1980; and Mernitz, 1980). Disputes over power plant <br />siting, dam construction, and land use have all been successfully <br />mediated. Government agencies are experimenting with nego- <br />tiated rule making in public policy issues (Bingham, 1981; <br />Harter, 1984). The Negotiated Investment Strategy, a medi- <br />ated procedure initiated by the Kettering Foundation, enables <br />local, state, and federal agencies to coordinate their decisions on <br />program funding (Shanahan and others, 1982). <br />
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