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Record W1555386607

Mediation: The 'Girly' Litigation?

2012· article· en· W1555386607 on OpenAlexaff
Jennifer L. Schulz, Jocelyn Turnbull

Bibliographic record

VenueSSRN Electronic Journal · 2012
Typearticle
Languageen
FieldSocial Sciences
TopicFeminism, Gender, and Sexuality Studies
Canadian institutionsUniversity of Manitoba
Fundersnot available
KeywordsMediationParty-directed mediationValuation (finance)PsychologyOpposition (politics)Alternative dispute resolutionPolitical scienceSocial psychologySociologyLawBusinessAccounting
DOInot available

Abstract

fetched live from OpenAlex

In this article we argue that mediation, as a process, is gendered. Although it is not a simplistic, binary opposition, mediation is primarily gendered and litigation is primarily gendered male. As a result of this gendering, mediation is devalued as compared to litigation in North America. In order to demonstrate this, in the first part of our article we focus on (i) the goals, (ii) skills, and (iii) language of mediation. When they are compared with litigation's goals, skills, and language, the gendering of both processes can be identified and the resulting devaluation of mediation observed. The goals, skills, and language of mediation are not simply traits that come naturally to some individuals based on gender. They are real and difficult skills to master, and therefore mediation education is implicated. In the second part of our article we focus on ways to improve the mediation education experience in law schools. We make some recommendations for mediation pedagogy and consider how law professors can better teach mediation so that law students understand and value the process. We conclude by arguing that mediation will continue to be devalued, especially as compared to litigation, until the process is revalued and mediatiors' contributions are appropriately evaluated. By demanding an assessment of mediation success that is not constricted by notions of female and male, both the profile and valuation of mediation and mediators will increase.

Fetched live from OpenAlex and de-inverted. Abstracts are not stored in this database: the inverted indexes are 8.6 GB of the frame’s 9.3 GB of text, and the host has 13 GB free.

How this classification was reachedexpand

Full frame machine prediction

Teacher imitation

Not calibrated prevalence, not ground truth. Human validation pending. The Gemma side is a direct model label for every work in the frame, read from the title-only record. The Codex side is a classifier learned from the 10,348 direct Codex labels and calibrated to design-weighted sample rates; fields without enough sample support carry no Codex call. Candidate is the union of the two sides; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels.

metaresearch head score (Codex)0.007
metaresearch head score (Gemma)0.018
Version: metacan-v3-hybrid-931329e0061cValidation status: machine_predicted_unvalidated
Candidate categoriesnone
Consensus categoriesnone
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Theoretical or conceptual · Consensus signal: Theoretical or conceptual
GenreCandidate signal: Commentary · Consensus signal: none
Teacher disagreement score0.016
Threshold uncertainty score0.054

Distilled classifier scores by category (both heads)

CategoryCodexGemma
Metaresearch0.0070.018
Meta-epidemiology (narrow)0.0000.000
Meta-epidemiology (broad)0.0010.001
Bibliometrics0.0010.001
Science and technology studies0.0100.025
Scholarly communication0.0140.014
Open science0.0020.012
Research integrity0.0050.008
Insufficient payload (model declined to judge)0.0160.002

Machine scores (provisional)

The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.

Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.

Opus teacher head0.032
GPT teacher head0.336
Teacher spread0.303 · how far apart the two teachers sit on this one work
Validation statusscore_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from it

Classification

machine, unvalidated

Machine predicted; a candidate call from one source (direct Gemma or distilled Codex), not a consensus.

The models applied no category: nothing in the taxonomy fit this work.
Study designTheoretical or conceptual
Domainnot available
GenreCommentary

How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".

Quick stats

Citations1
Published2012
Admission routes1
Has abstractyes

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