Thesis

To what extent should mediators be responsible for freeing mediation process from logical fallacies’ possible harms?

Creator
Rights statement
Awarding institution
  • University of Strathclyde
Date of award
  • 2026
Thesis identifier
  • T18153
Person Identifier (Local)
  • 201760123
Qualification Level
Qualification Name
Department, School or Faculty
Abstract
  • This study tries to revisit, reconceptualise, and recategorise the main topics integrated with mediation scholarship and practice, including negotiation, mediation itself, disputes, and disputants. The aim is to examine the sufficiency and adequacy of the existing ADR studies and educational provision regarding answering one simple question: what should mediators do when one or more of the parties commits, either intentionally or intentionally, a logical error during her endeavours to persuade the other party of her position, demand, or offer? Reaching a relatively satisfying answer required a thoroughly comprehensive interrogation of the dispute resolution scholarship. This interrogation culminated in emphasising the significance of logical integrity in parties’ discourse during mediation contexts in a manner that would arouse the curiosity of researchers and practitioners in the mediation field towards this topic. To achieve this, the thesis highlights the possible harms of logical fallacies, as one of the thinking errors negotiators might commit, and that could lead to unwanted results including reaching unfair mediation outcomes, distorting the image of mediation as a safe zone, one which parties shouldn’t be taking advantage of, and affecting the reputation of mediators as efficient helpers who are expected to save parties from such harms. Throughout this thesis, the research follows a deductive methodology, in which the first four chapters investigate a number of axioms, theories, and hypotheses in order to examine their validity, sufficiency, and suitability in answering the main research question. Then, the final three chapters, building on the proposed new definitions and classifications given by the first chapters, try to present a framework that shall help mediators achieve the mission this thesis supposes that they are responsible for: helping parties avoid the possible harms logical fallacies can cause to mediation, and bring more reasonableness to the process and its outcomes.
Advisor / supervisor
  • Clark, Bryan (Professor of law)
  • Irvine, Charlie
Resource Type
DOI

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