Nordic Mediation Research.

Nordic Mediation Research.

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Bibliographic Details
:
Nylund, Anna.
TeilnehmendeR:
Ervasti, Kaijus.
Adrian, Lin.
Place / Publishing House:Cham : : Springer International Publishing AG,, 2018.
©2018.
Year of Publication:2018
Edition:1st ed.
Language:English
Online Access:
Physical Description:1 online resource (268 pages)
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Table of Contents:
  • Intro
  • Preface
  • Contents
  • List of Contributors
  • Introduction to Nordic Mediation Research
  • 1 Background and History of Mediation in the Nordic Countries
  • 2 Mediation Practice and Training in the Nordic Countries
  • 3 Nordic Mediation Research
  • References
  • Part I: Systemic Aspects of Nordic Mediation
  • A Dispute Systems Design Perspective on Norwegian Child Custody Mediation
  • 1 Dispute Systems Design and Family Mediation
  • 2 Child Custody Mediation from Facilitative Mediation to Diverse Mediation Models
  • 2.1 Child Custody Mediation as Facilitative Mediation
  • 2.2 Adapting Mediation to the Needs of Diverse Families
  • 2.3 Mediation Is Diluted to Settlement
  • 3 Norwegian Child Custody Mediation Systems
  • 3.1 Norwegian Welfare State as the Backdrop
  • 3.2 Current Structure of Child Custody Mediation in Norway
  • 4 Critical Perspectives on Norwegian Child Custody Mediation
  • 4.1 Unclear Target Group
  • 4.2 Overly Broad Definition of Mediation
  • 4.3 Relationship Between the Three Tiers of Mediation
  • 4.4 Particular Problems Related to Court-Connected Custody Mediation
  • 5 Improving Child Custody Mediation
  • 5.1 Recognising the Needs of High Conflict Families
  • 5.2 Preventing Conflicts and Conflict Escalation
  • 5.3 Transparent, Coherent and Unbundled Services
  • References
  • ``Restorative Justice:́́ History of the Termś International and Danish Use
  • 1 Introduction
  • 2 International Use of the Term ``Restorative Justice ́́-- 3 Danish Context
  • 4 Expanding Use of ``Restorative Justice ́́-- References
  • Developing Family Mediation in Finland: The Change Process and Practical Outcomes
  • 1 Introduction
  • 2 Family Mediation and Family Conflicts in the Service System
  • 3 Methodological Questions in Developmental Mediation Research
  • 3.1 Development: Top-Down or Bottom-Up?.
  • 3.2 Learning: Adopting Existing Knowledge or Creating New?
  • 4 The Developmental Process in Project Fasper
  • 4.1 The Mapping of Terrain
  • 4.2 Developing and Implementing Family Mediation Practices
  • 4.3 Distributing the Created Models
  • 4.4 Where to Go Next-Consolidating Family Mediation Nationwide
  • 4.5 Evaluating the Developmental Process
  • 4.5.1 Developmental Work in a Multi-Organisational and Multi-Professional Network
  • 4.5.2 Developmental Work as Collaborative Concept Formation
  • 5 The Outcomes of the Project
  • 5.1 The Process Model for Family Mediation
  • 5.2 The Family Mediators ́Toolkit
  • 5.3 The Service Model for Organising Family Mediation in a Multi-Organisational Network
  • 5.4 The Model for Elementary Training of Family Mediators
  • 5.5 Evaluating the Benefits of the Implemented Family Mediation Model
  • 6 Conclusions
  • References
  • Victim Offender Mediation in Sweden: An Activity Falling Apart?
  • 1 Introduction
  • 2 Background
  • 3 The Development of Victim Offender Mediation in Sweden
  • 4 The Act on Mediation in Penal Matters
  • 5 The Swedish Mediation Model
  • 6 Problematic Issues
  • 7 The Future of Victim Offender Mediation in Sweden
  • References
  • Part II: The Mediator, Mediation Process and Outcomes
  • Unwrapping Court-Connected Mediation Agreements
  • 1 ``The Black Box ́́of Mediated Agreements
  • 2 State of The Art
  • 3 Court-Connected Mediation and Its Legal Framework
  • 4 Methodology
  • 5 The Substance of the Agreements
  • 5.1 Substantive Issues
  • 5.2 Procedures
  • 5.3 Safeguarding
  • 6 Creativity in Court-Connected Mediation
  • 7 Linguistic Analysis
  • 7.1 Framing and Stereotyped Expressions
  • 7.2 Legal Language
  • 7.3 Bureaucratic Language: ``Kancillisprog ́́-- 7.4 Hidden Subjects
  • 8 Discussion
  • References
  • Custody Mediation in Norwegian Courts: A Conglomeration of Roles and Processes.
  • 1 Introduction
  • 2 Legislative Considerations: The Main Objectives Behind the Current Regulation
  • 3 Overview of the Procedural Rules for Custody and Contact Cases
  • 4 The Different Roles of the Expert in Custody and Contact Cases: An Overview
  • 4.1 Which Qualifications Are Required for Experts?
  • 4.2 The Role of Expert Evaluator
  • 4.3 The Mentor Role
  • 4.4 The Mediator Role
  • 4.4.1 Definition and Distinguishing Characteristics
  • 4.4.2 Evaluation from Judges and Experts in Judicial Settlement Efforts
  • 4.4.3 A Facilitative Role in Judicial Settlement Efforts in Custody Disputes?
  • 5 Why Is Evaluation so Common in the Judicial Settlement Efforts of Custody and Contact Cases?
  • 6 Concerns Regarding an Evaluative Mediator Role in Contact and Custody Cases
  • 7 What Is the Point of Judge and Expert Mediators Who Do Not Evaluate?
  • 8 How Do We Achieve Mediation That Provides Good Quality Outcomes Without Evaluation?
  • 8.1 The Power of Feeling Heard, Understood and Empowered
  • 8.2 Scope and Need for Evaluation?
  • 9 The Interaction and Cooperation Between the Judge and the Expert in the Mediation Process: Potential Problems
  • 9.1 The Problem at Hand: The Expert Has Ex Parte Communication with Parties, Whereas the Presiding Judge Cannot
  • 9.2 Problems with the Current Regulation and Practice Regarding Ex Parte Communication in These Cases
  • 10 Amendments of Regulation and Practice?
  • References
  • Mediation in Light of Modern Identity
  • 1 Introduction
  • 2 The Study and Its Design
  • 3 Identity as Contextual Performance
  • 4 How the View of Identity Changes What Seems To Be Going On
  • 5 How to Integrate the Modern View of Identity in Research Methodology
  • 6 Relevant Theory for Integrating Modern Identity Concepts with Analysis Strategy
  • 7 Participants ́`Truth ́Based on Cultural, Christian Roots.
  • 8 Striving for Christieś Norm Clarification
  • 9 We Have to Listen to More than the Parties
  • References
  • When Is Restorative Justice? Exploring the Implications of Restorative Processes in Juvenile Offence Cases Based on Interviews...
  • 1 What Makes a Restorative Process?
  • 1.1 Levelling the Field
  • 1.2 Methodological Overview
  • 1.3 Theoretical Framework
  • 1.4 Reflections on the Researcherś Position
  • 2 Discovering the Balanced Model of Northern Ireland
  • 2.1 Successful First Moving in Conflict Heart Land
  • 2.2 Empathic Disciplining
  • 3 The New Norwegian Youth Sanctions: The Balance Act Boundaries of Restoring and Volunteering
  • 3.1 Professionalising the Restorative Field
  • 3.2 A Voluntary Process?
  • 3.3 Conflict Re-theft vs the Noble Cause of Fighting Recidivism
  • 3.4 The Conscientious Chain of Caring Professionals
  • 3.5 And (Restorative) Justice for All?
  • 3.6 The Show Must Go On: When Offended Parties Decline the Invitations
  • 4 Orlando, Florida: An Alternative `Community ́Approach
  • 4.1 Diverting Young Offenders Restoratively
  • 4.2 A Very Alternative Restorative Experience
  • 4.3 Empathic Hard-Liners: We Scare Because We Care
  • 5 Discussion: When Is Restorative Justice?
  • 5.1 Neutrality/Impartiality
  • 5.2 Voluntarism
  • 5.3 Punishment as Rationale
  • 5.4 The Offended Party
  • 5.5 The Role of Community
  • 5.6 Equality Before the Law vs Individual Concerns
  • 5.7 Mediation and/or Restorative Justice: Laymen vs Professionals
  • 5.8 So, When Is It Restorative Justice?
  • References
  • Part III: Childrenś Rights and Mediation
  • The Involvement of Children in the Process of Mandatory Family Mediation
  • 1 Introduction and Presentation of the Question
  • 2 Frameworks for and Practice of Childrenś Participation in Family Mediation
  • 3 Clarification of Concepts and Analytical Starting Point
  • 4 Method and Data Collection.
  • 4.1 Selection: Children, Type of Mediation, Conflict Level and Degree of Problem Accumulation
  • 4.1.1 Problem Accumulation in the Family
  • 4.2 Analysis of Quantitative and Qualitative Data
  • 4.3 Representativeness and Relevance
  • 5 Results from Quantitative and Qualitative Qnalysis
  • 5.1 Childrenś Participation and Their Message to Parents
  • 5.1.1 Breakdown
  • 5.1.2 Preservation and Improvement
  • 5.1.3 Reorientation
  • 5.1.4 Security
  • 5.2 Childrenś Experiences, Opinion and Preferences About Their Inclusion in the Mediation Process
  • 6 Nuances in the Childrenś Experiences from Qualitative Analysis
  • 6.1 The Children Generalise: ``All Children Should Be Allowed to Take Part ́́-- 6.2 Childrenś Experiences in Relation to Conflict Level, Degree of Problem Accumulation and Type of Mediation
  • 7 Summary and Concluding Discussion
  • References
  • Mediation and the Best Interests of the Child from the Child Law Perspective
  • 1 Introduction
  • 2 Court-Connected Family Mediation in Finland
  • 3 Child Law and the Best Interests of the Child
  • 4 Facilitative Mediation Approach to the Best Interests of the Child
  • 5 Evaluative Mediation Approach to the Best Interests of the Child
  • 6 Conclusion
  • References
  • Part IV: Mediation in Theory and Practice
  • Past, Present and Future of Mediation in Nordic Countries
  • 1 History of Mediation in Nordic Countries
  • 2 Mediation as a System
  • 3 Theoretical Models of Mediation
  • 4 Practical Mediation Systems in Context
  • 4.1 Communal Mediation Systems
  • 4.2 Mediation in Legal Context
  • 4.2.1 Victim Offender Mediation
  • 4.2.2 Judicial Settlement Efforts and Court-Connected Mediation
  • 4.2.3 Lawyer Mediation
  • 4.2.4 Family Mediation
  • 4.3 Other Mediation Systems
  • 5 Mediation in Action
  • 6 Conclusions
  • References
  • Mediation in Finnish Schools: From Conflicts to Restoration.
  • 1 Introduction.

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