The importance of apology to mediation: A mixed-methods study of role, effectiveness and implications for practice

This paper explores the role of apology in the resolution of conflict through mediation. The paper outlines the distinctive features of mediation that contribute to its unique potential to help restore relationships, with apology forming a potentially transformative aspect to this. However, not all apologies are the same and not all apologies are effective. Working from the literature, this article seeks to clarify the characteristics of apology that are likely to make it effective in mediation. A review of the literature also reveals a range of moderating factors that can further impact the effectiveness of apology. Particular attention will be paid to these moderators in considering what contributes to a template of apology effectiveness in the context of mediation. In this study, the first of its kind in an Irish context, empirical data from an online survey of 97 practicing mediators along with in-depth interviews with a sample of 24 organisational mediators is analysed, in relation to five core questions aimed at determining the fundamental nature of apology in mediation. While the mediators who were interviewed operate in the ‘organisational’ context, the mediators we surveyed practice across a range of mediation contexts, including civil, workplace, and family. Therefore the context, in this case, was not controlled. Nonetheless, the analysis yields insights that support the view found in the literature that an apology can, in certain circumstances, be an effective means of transforming the mediation process. A summary of these findings indicates that: (a) Practicing mediators confirm that apology is a prominent feature of mediation, and that the process represents fertile soil for apology. This represents a challenge to the mediator where apology is not forthcoming. (b) Where an apology is forthcoming but hesitant, skilled mediators can act as a conduit of apology between parties. (c) The data also suggests that a high-quality apology, issued spontaneously, can have a transformative effect on the dispute, particularly where the relationship is on-going. The main contribution of this paper lies in its potential to inform mediation practice, by illustrating the potential impact of apology and by offering role guidance to practitioners who wish to facilitate such potential where circumstances allow. The paper also contributes to the literature through insights offered by the research respondents which shed new light on existing themes. Ultimately this research argues that mediation can accommodate apology as a potent means of repairing relationships, and that the mediator can play a key role in this. The paper will make the case for a nuanced, yet structured approach to apology, one that needs to be reflected in mediator training and practice. The case for further research is presented at the end.

Adapting to mediation online: the Irish experience

This article contrasts the use of online mediation in Ireland from February 2019, prior to the Covid-19 pandemic in March 2020, and from then until March 2021. It considers the context for online mediation in Ireland, the challenges to the mediation process, the experience of online mediation from the perspectives of mediators and participants in mediation. Sharing these experiences informs future decisions as to how technology might best be integrated into mediation practice in the longer term. The experience of 13 mediators indicates that there are challenges due to familiarity with technology for mediators and participants, and challenges to power balancing and confidentiality. In Ireland, although platforms such as Zoom played a major role, use of the telephone in the mediation process also increased. An online mediation competence framework for mediators is proposed.

Look who’s (not) talking: The use of mediation in medical negligence claims in Ireland

This paper looks at why mediation is not more widely used in medical negligence claims in Ireland. It is based on research, undertaken in connection with an MA in Mediation and Conflict Intervention at Maynooth University, during which eight solicitors working in the field of medical negligence shared their experience and perspectives on the use of mediation in this area. The research finds that mediation is in use but only as part of the convoluted litigation system and the style used is focused on the legal interests of the parties rather than any emotional needs. The Irish State has introduced some measures to facilitate the use of mediation but there is no coherent strategy and low public awareness. Legislative changes to streamline the litigation system are on the way, but if the parties’ needs and interests are to be served, a more facilitative, people-centred mediation style should be adopted, supported by a coherent, government sponsored, restorative justice strategy.

In the beginning was . . . the word. Cycles of Influence: A historical analysis of some seminal influences on the evolutionary development of mediation principles, values and practice models

A historical analysis of seminal influences on the evolutionary development of mediation principles, values and practice models. This article will focus on the ideas of pioneering individuals who had a significant role and influence on contemporary mediation principles and practice. It will describe their professional field of practice; the particular principles and values that underpinned their practice; the theoretical models and styles of practice they developed and how those became transported into contemporary mediation practice. The relevance for mediation is to raise awareness of the centrality, significance, and importance of these key principles. Ideally, this will in turn impact on the quality of contemporary practice. Hopefully it will inform or remind reflective practitioners, trainers, and practice consultants of what constitutes the foundations of best practice.

Book review: Cross-Border Family Mediation –International Parental Child Abduction -Custody and Access Cases (Second and updated edition)In co-operation with MiKK, 2014 Wolfgang Metzner Verlag, Frankfurt am Main Edited by: Christopher C Paul and Sybille Kiesesewetter. Contributors: Eberhard Carl, Mary Carroll, Martina Erb-Klunemann, Mohamed M Keshavjee, Krya Nehls, Hansjorg Schwartz, Jamie Walker and Felix Wendenburgh

People have always relocated across borders in order to explore different cultures and lands. People also depart their own country for many other reasons, such as conflict, war or lack of work opportunities and their emotional journey is a key factor in how they adapt.

Harmony and conflict resolution in mediation — a classical Daoist contribution

This paper examines the relevance of classical Daoism2—an indigenous Chinese religious tradition —for establishing harmony between disputing parties by means of conflict resolution through mediation. It focuses on the Daoist concept of harmony, on the loss of harmony, on the return to harmony, on the mediator's self-cultivation as well as on Daoist practices for mediator self-cultivation and conflict resolution. It outlines how classical Daoism offers a broad basis for establishing harmony in conflict resolution, both theoretically in its religious foundations, as well as pragmatically in its methods for self-cultivation and for applied interpersonal practice. It examines the ways in which classical Daoism can be relevant for the mediator, both as a person, as well as for enhancement of conflict resolution strategies.