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The reconstructionist model of mediation: a social constructionist view of the quest for meaning to make sense of loss : from empowerment and recognition to relational learning around loss as an access-to-justice measure

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thesis
posted on 28.03.2022, 22:36 by Katherine Pavlidis Johnson
This thesis aims to develop a theoretical explanation for a social constructionist model of mediation. It does so by relying on the relevant interdisciplinary ideas in a number of disciplines including psychology and law. It addresses the need to re-conceptualize mediation as a genuine method of dispute resolution that can handle the impact of loss on the psychological well-being of the parties when engaging with the profession of law. It makes the claim that effective mediation requires the parties to move forward psychologically from their dispute/loss by re-conceptualizing their own meaning of ‘justice’ around the loss so that the loss can be more effectively endured. It takes us from the transformative model to a social constructionist model of relational learning as a means of making sense of loss by placing the dispute in the wider social context to become in itself, an agent for grass-roots social change.

History

Table of Contents

Introduction: using mediation to manage loss as a more effective means of dispute resolution -- Chapter 1: Understanding the loss - introducing the ideologies that set the aims and parameters of the study -- Chapter 2: Making meaning of loss as a more effective means of dispute resolution -- Chapter 3: Developing a normative framework using social constructionism and grounded theory - deconstructing the loss -- Chapter 4: Reconstructing the loss -- Chapter 5: Enduring the loss - the RM of mediation as a more effective measure to access social justice -- Conclusion.

Notes

"15 November 2014". Theoretical thesis. Bibliography: pages 258-284 "A thesis submitted for the degree of PhD (Law), Faculty of Arts, Macquarie Law School".

Awarding Institution

Macquarie University

Degree Type

Thesis PhD

Degree

PhD, Macquarie University, Faculty of Arts, Macquarie Law School

Department, Centre or School

Macquarie Law School

Year of Award

2015

Principal Supervisor

Archana Parashar

Rights

Copyright Katherine Pavlidis Johnson 2015. Copyright disclaimer: http://www.copyright.mq.edu.au/

Language

English

Jurisdiction

Australia

Extent

1 online resource (xiii, 303 pages) illustrations (coloured)

Former Identifiers

mq:44296 http://hdl.handle.net/1959.14/1068038