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Negotiating the enabling and constraining features of formal mediation models
The aim of this study is to explore how mediators are constrained and enabled by the Kansas State mediation model and whether or not they experience tensions. Research to date focuses almost exclusively on mediator tactics and techniques. This study seeks to understand mediation processes when viewed through the lens of Giddens' theory of structuration, which integrates macro processes (formal mediation models) with micro ones (communication during mediation settings). In addition, structuration enables a researcher to differentiate between the spirit and the features of a structural system thereby highlighting contradictions that contribute to tensions. The results suggest that mediators not only experience tensions related to contradictions regarding their role as third-party neutrals, but are experiencing perverse consequences as they find themselves in conflict with the legal system that established and governs mediation in Kansas. ^
Hubbard, Melody A, "Negotiating the enabling and constraining features of formal mediation models" (2003). ETD collection for University of Nebraska - Lincoln. AAI3116579.