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6 - Mediation

Published online by Cambridge University Press:  05 June 2012

Simon Roberts
Affiliation:
London School of Economics and Political Science
Michael Palmer
Affiliation:
School of Oriental and African Studies, University of London
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Summary

Introduction – The Nature of Mediation

With the gradual re-institutionalisation of mediation in the West across the last years of the twentieth century, quite a strong stereotype seems in the process of emerging. This is one of the disinterested professional, deliberately attempting ‘to advance the interests of the disputants’ (Princen, 1992: 48) by taking responsibility for process, thus assisting embattled parties to reach decisions on the substance of the issues between them. But as we saw in Chapter Four the image of the professional mediator, self-consciously facilitating other people's decision-making on matters in which she or he has no direct stake, conveys only a partial sense of a very complex constellation of interventions, arguably universally visible in one form or another across the social world.

While the mediator receives quite limited attention in classical social theory, a defining analysis was provided early in the twentieth century by the German sociologist Georg Simmel. In some almost poetic passages of his great Soziologie (1908 [1950]), Simmel pointed to the fact that the mediator is always present in the social world even though she may not be named as such and her role may remain unexamined. The constellation yielding the mediator, he argued, is a structural feature, generally observable across cultures in all groups of more than two elements. Reflecting upon the nature of bilateral relations and upon the fundamental ways in which these are transformed by the presence of a third party, he noted: ‘dyads … have very specific features … the addition of a third person completely changes them’ (1908 [1950]: 138).

Type
Chapter
Information
Dispute Processes
ADR and the Primary Forms of Decision-Making
, pp. 153 - 220
Publisher: Cambridge University Press
Print publication year: 2005

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  • Mediation
  • Simon Roberts, London School of Economics and Political Science, Michael Palmer, School of Oriental and African Studies, University of London
  • Book: Dispute Processes
  • Online publication: 05 June 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9780511805295.007
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  • Mediation
  • Simon Roberts, London School of Economics and Political Science, Michael Palmer, School of Oriental and African Studies, University of London
  • Book: Dispute Processes
  • Online publication: 05 June 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9780511805295.007
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Mediation
  • Simon Roberts, London School of Economics and Political Science, Michael Palmer, School of Oriental and African Studies, University of London
  • Book: Dispute Processes
  • Online publication: 05 June 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9780511805295.007
Available formats
×