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THE MANY MEANINGS OF
MEDIATION:
A SOCIOLOGICAL STUDY OF MEDIATION IN CANADA
Table of Contents
Chapter
1 - The Many Ways of Mediation 
This exploratory and qualitative study examines how 88 Canadian mediation
trainer-practitioners conceptualize and talk about mediation, and how their
understandings vary. It was based on the belief that mediation is changing as a
result of its growing acceptance in society. This chapter overviews the
rationale, theoretical basis and methodology for the study.
Chapter
2 - Introduction to the Literature on Mediation
This chapter provides an introduction to the field of mediation. It begins with
an overview of the history of mediation followed by its defining features and
criticisms. Four often cited mediation classification schemes are
discussed including the work of Silbey and Merry, Bush and Folger, Kolb, and
Riskin. This chapter also includes a review of the literature on gender and
conflict.
Chapter
3 - The Emergence of Mediation as a Profession
This chapter overviews sociological
theories of professions and recent activities directed at regulating the
practice of mediation. It also presents the views of respondents
regarding the regulation of mediation and their concerns about the changes they
see taking place within the field of mediation. Not surprisingly given the
diversity of understanding of mediation, their is little agreement on whether
the field should be regulated. Should regulation occur, however, there is
agreement that all stakeholder groups should be involved in shaping guidelines,
rather than regulations, and that these guidelines should be national, minimal
and flexible.
Chapter
4 - Profiling Mediation Trainer-Practitioners in Canada
This chapter paints a portrait of mediation trainer-practitioners in Canada
during the late 1990's. Personal demographics, education, work status, fee
structure, and incentives to mediate are compared and contrasted using four
contextual variables: gender, dispute sector, educational background, and number
of years working as a mediator.
Chapter
5- Common Language, Different Meaning
This chapter examined respondents' understanding of
their role as mediators. It found variations in role interpretation, and that an
individual's gender, background and experience are linked to patterns of
understanding. This chapter also brings to the fore the insight that while
mediators may use the same word, they often mean different things. While
most respondents describe their role as "facilitative", in some cases facilitative
was connected to the management of process, in others it was about enhancing communication
between the parties, and in still others it had to do with resolving a
dispute.
Chapter
6- Mediation Styles
In this chapter attention turns from how individuals conceptualize
their role as a mediator to how they describe their style of mediation. Similar
to role descriptions, understandings of style varied and were linked to contextual factors.
Male respondents had a tendency to use problem-solving concepts while women used
more relational terms. Relational language was also more prevalent among
community mediators and those with social science backgrounds whereas those with
law or business backgrounds used more problem-solving concepts to describe their
style. Mediators claim their styles change depending upon the parties and
the nature of the dispute.
Chapter
7 - A Framework for Understanding Mediation
As others have quite ably set out, there are many ways to mediate. An important
insight from this study is that mediators do not understand mediation as having
only one set of meanings, rather they draw on a range of meanings to
conceptualize their work. This suggests that it is no longer sufficient to view
mediation in dichotomous terms. In this chapter a broader
framework for understanding mediation is set out.
Chapter
8- Conclusions, Implications, and Future Research
This study depicts mediation as a dynamic, complex and evolving social
activity. Chapter 8 summarizes the major insights and contributions to
human knowledge from the study, as well as the implications for policy and
advancement of the field. Questions for further research are
raised.
Bibliography
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