Advice by any other name
Bibliographic Data
| ID | 7534045 |
|---|---|
| Authors | Tom Fisher (0000-0003-2565-8805, La Trobe University, corresponding author) |
| Year | 2001 |
| Volume | 19 |
| Issue | 2 |
| Pages | 197-214 |
| Publication date | 2001-12-01 |
| Peer Reviewed | Yes |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | Conflict Resolution Quarterly (JOURNAL) |
| Journal identifiers | ISSN: 1536-5581 • E-ISSN: 1541-1508 |
| Publisher | Wiley (PUBLISHER • GB) |
| DOI | 10.1002/crq.3890190205 |
| OpenAlex | W2131415381 |
| Language | EN |
| Citations received | 3 |
| References cited | 17 |
Within the context of family law mediation, the author explores the issue of giving advice and performing related interventions that mask a similar intention. It does so by examining some codes of conduct and professional standards from Australia, Canada, and the United States and also by drawing on recent literature concerning mediator intervention, particularly on the subjects of impartiality and neutrality, reframing, mediator pressure, ethics, and the concept of the mediator as “folkloric trickster.” The author concludes that mediator intervention (such as creating doubt, reframing, and applying pressure to respond to a mediators concern) and selective facilitation obviously do not fit the definition of giving advice in the narrow sense by recommending a specific course of action. Nevertheless, they also are not simply an intervention of process (rather than one of content), for they are intended to redirect a party's attention to a hitherto unthought of or unarticulated substantive possibility. Thus the mediator may be seen, in broad terms, as an advocate for fair and effective use of the process of mediation to safeguard or enhance party self determination. To forward this aim, he or she may use an intervention intended to impart advice while still respecting party autonomy
Autonomy · Cognitive reframing · Context (archaeology · Impartiality · Intervention (counseling · Mediation · Neutrality · Political science · Public relations · Sociology · Counseling, Therapy, and Family Dynamics · Law · Legal Education and Practice Innovations · Multicultural Socio-Legal Studies · Psychology · Social Psychology
| Unique citing works | 3 |
|---|---|
| Citations per year | 0,13 |
| Citation span | 2003 - 2021 (19) |
| Citation velocity | historical |
| Highly cited | No |
| Citation types | Neutral: 3 |