First Advisor

Robert Gould

Term of Graduation

Spring 2001

Date of Publication

5-18-2001

Document Type

Thesis

Degree Name

Master of Science (M.S.) in Conflict Resolution

Department

Philosophy

Language

English

Subjects

Divorce mediation -- Moral and ethical aspects, Divorce mediation

Physical Description

1 online resource (89 pages)

Abstract

Research on mediation processes have addressed the role of the mediator, but often obliquely. In divorce mediation, the literature has sketched various approaches to the role, which diverge from each other in some significant ways. What is lacking is an integrated picture as to how these approaches to the field differ on key questions in the practice of divorce mediation.

This thesis is a preliminary attempt at such an integrated sketch, focusing on the question of whether or not the mediator is truly neutral in the process. Two major schools of thought of emerge from the literature, here referred to as those espousing neutrality, versus those who opt instead for power-balancing as a primary model.

This thesis explores six models exemplifying varied approaches to the question, demonstrating how they fit into each school of thought. While the authors diverge on many other issues, within each category they coalesce around a particular stance toward neutrality. For each, a case example illustrates the practical implications of each model, adding ground to the theory offered in each work. Next begins a preliminary exploration of the philosophical underpinnings for each model in the mediator's role. Each authors' general approach to bias is examined, again demonstrating that they fall into equivalent schools of thought regarding bias as a general issue. Finally, the current state of divorce mediation is addressed, pointing out current trends that pose great challenge for the field as a whole, such as the use of "med-arb" (a hybrid, arbitrative form of mediation) for "high-conflict" families.

As divorce mediation continues to develop, the field as a whole should take account of its heritage in terms of models for the mediator's role. As mediators are asked to take on cases that are more and more often seen as entrenched, it seems all the more important that mediators understand the "roots" of the field and where they themselves stand on particular issues, such as neutrality. A mediator who brings integrated knowledge of him/ herself and of the field as a whole, ideally through professional development, may bring a balanced intervention for the disputants.

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Persistent Identifier

https://archives.pdx.edu/ds/psu/44941

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