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Article

Success and Failure in ADR

A Dialogue between Partners

Journal International Journal of Conflict Engagement and Resolution, Issue 1 2014
Keywords collaborative, adjudicatory, pedagogy, interdisciplinary, diversity
Authors Lela P. Love and Joseph B. Stulberg
AbstractAuthor's information

    Love and Stulberg critically discuss policy, scholarly, and practice developments in four areas of program development in the area historically referenced as alternative dispute resolution (ADR): the range of process options; the impact of court procedures on ADR program development and practice; the nature of ADR scholarship and training; and the general public's receptiveness to or rejection of the normative principles that structure ADR collaborative processes. Their concluding remarks suggest that the promise of ADR, particularly of the mediation process, remains inspiring to many, even if its effective implementation remains uneven.


Lela P. Love
Lela P. Love is Professor of Law and Director of the Kukin Program for Conflict Resolution at the Benjamin Cardozo School of Law at Yeshiva University.

Joseph B. Stulberg
Joseph B. Stulberg is the Michael E. Moritz Chair in Alternative Dispute Resolution at The Ohio State University Michael E. Moritz College of Law.
Article

Transformative Mediation

A Self-Assessment

Journal International Journal of Conflict Engagement and Resolution, Issue 1 2014
Keywords relational approach to mediation, transformative mediation, ideology and mediation, Institute for the Study of Conflict Transformation, USPS REDRESS Mediation Program
Authors Joseph Folger and Robert A. Baruch Bush
AbstractAuthor's information

    Transformative mediation is an approach to third party intervention that has been implemented in a range of dispute settings over the past twenty years. This article offers an explanation of what led us to develop the transformative model of mediation, and an assessment of the body of work related to both the theory and practice of transformative mediation. Specifically, we offer an assessment of: how well the relational premises of the model have been articulated, whether transformative practice remained aligned with its underlying premises, what the impact of practice has been, and what effect this approach to conflict intervention has had on the discourse of the conflict field in general.


Joseph Folger
Joseph Folger, Ph.D., is Professor of Adult and Organizational Development at Temple University, Philadelphia, Pennsylvania, U.S.A. He is a co-founder of the Institute for the Study of Conflict Transformation (<www.transformativemediation.org>).

Robert A. Baruch Bush
Robert A. Baruch Bush, J.D., is Rains Distinguished Professor of Law at the Maurice A. Deane School of Law, Hofstra University, Hempstead, New York, New York, U.S.A. He is a co-founder of the Institute for the Study of Conflict Transformation (<www.transformativemediation.org>).
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