2.2.1 Definition,advantages and principles of mediation
It is a common experience for most people to be involved in some occasionalconflicts with other people.Such disagreements or conflicts are generally handled bythose involved in private while sometimes the parties seek help from a third party toresolve the issues.Litigation is one of the most common approaches to solvingdisputes.Some parties may choose to utilize alternative dispute resolution approachessuch as mediation(Garcia,2019:1).
Originating from the Chinese Confucian concept of“harmony”and“nolitigation”,mediation is a relatively less adversarial approach than litigation.It is theprocess by which the disputants,together with the assistance of a neutral person or persons,systematically identify issues to develop options,consider alternatives,andreach a consensual settlement that will accommodate their needs(Folberg&Taylor,1984;McMullen,1990;Brown&Mariott,1992;Goldberg et al.,2017).As analternative to litigation,many scholars made a comparison between these two disputeresolution approaches and discussed the superiority of mediation.Mediators believethat mediation can help parties reach an understanding of each other’s positions whilereducing disputes between them and increasing the chances of reconciliation.Emeryand Wyer(1987)found that mediation successfully diverted a significant number offamilies from the child custody hearing and that settlements were reached morequickly in mediation than in litigation.Charkoudian et al.(2017)found thatalternative dispute resolution like mediation had significant immediate and long-termbenefits,including improved party attitudes toward and relationship with each other,greater sense of empowerment and voice,increases in parties taking responsibility forthe dispute,and increases in party satisfaction with the judiciary.The numerousadvantages of mediation have made it highly regarded and recommended.
CHAPTER 3 THEORETICAL FRAMEWORK ...................... 26
3.1 INTRODUCTION ................................ 26
3.2 THEORETICAL BACKGROUND ........................... 26
CHAPTER 4 FEATURES OF INFORMATION DIGGING IN ISSUE IDENTIFICATION ..................... 34
4.1 INTRODUCTION .............................. 34
4.2 STAGES OF INFORMATION DIGGING ...................... 34
CHAPTER 5 WAYS OF INFORMATION DIGGING IN ISSUE IDENTIFICATION ................................. 56
5.1 INTRODUCTION ................................. 56
5.2 SELECTION OF INFORMATION ........................ 56
CHAPTER 6EFFECTS OF INFORMATION DIGGING IN ISSUEIDENTIFICATION
6.1 Introduction
In Chapter 4 and Chapter 5,the general characteristics and the ways ofinformation digging in issue identification are presented in detail.The flexibleselection of various types of discourse information and diverse forms of presentingthe selected discourse information together represent the ways of information digging.This chapter seeks to assess the effect of information digging.
One effect of information digging is to assist the mediation team in identifyingissues.Through information digging,more and more issue-related information isconstantly being dug out.Therefore,the HFI,observers and mediators can identify theissues from the information being dug out.The previous chapters have presented,through a short discourse segment,how each way is used to dig up information forissue identification.Some information digging ways have demonstrated theireffectiveness in identifying issues.However,most of the time,these methods need tobe used in combination by the HFI to fully exert their effectiveness.During theinteractive process,the HFI achieves issue identification step by step by using a mixof information digging ways.Therefore,in this chapter,by presenting a morecohesive long discourse segment,we will first illustrate how the HFI can effectivelyidentify is
