Book Reviews by James B. Boskey

Reviews of Dispute Resolution Literature from The Alternative Newsletter - 1988 to 1995

Topical Index
Reviews: A-E
See also F-L | M-R | S-Z
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Baruch Bush, Robert A. and Folger, Joseph P., The Promise of Mediation: Responding to Conflict Through Empowerment and Recognition, Jossey-Bass Publishers, 350 Sansome St., San Francisco, CA 94104 (320pp $29.95 1994)

Book review by James B. Boskey

There has always been a narrow boundary between those who look on mediation as a means of resolving conflict on the one side and those who look on it as either a form of psychotherapy or religion on the other. Bob Baruch Bush, whom I have ranked consistently as one of the leading theoretical writers on mediation has always treaded close to that line, and in doing so has offered exceptional insights into mediation process, but with this volume, he has to my mind, with the support and collaboration of Joe Folger, crossed over and begun to look at mediation as an end in itself and at the practice of mediation as a means of providing therapy without appropriate license or training.

The idea that mediation has transformative potential for both its practitioners and users is not a unique one. Leaving aside the pure "cure the court backlog" set, most of those who have examined the mediation process have recognized that often one result is to empower one or both parties to be a more effective negotiator on their own behalf and to recognize and evaluate and implement more effectively their goals for the mediated relationship. In addition, in some cases the skills that are learned at the mediation table may carry forward into daily life, making the person generally a more effective individual.

That such changes can occur and are a valuable offshoot of the mediation process when they do occur is worth noting, but, when the focus of mediation turns to achieving this "transformative potential", mediation loses an essential, element of its nature, it ceases to be a process for resolving disputes. This may provide some comfort to the mediator leaving a failed session who can say, much Daumier's Avocat noting "Well, you have lost our case, but at least you have had the pleasure of hearing me argue.", Well you have not settled, but at least you have been transformed.

At a minimum justification of mediation based on this transformative potential means that the success of the process in achieving agreement between the parties is relegated to secondary status, and that the reason that most parties elect to use mediation, accomplishing agreement, is denigrated. Bush and Folger's satisfaction with mediation stories where the conflict was not clearly resolved, but the parties, or one of them, were transformed, suggests this problem as a real one. While the authors focus is conceptualized, at least in part, as an answer to the feminist critics of mediation who are concerned with a goal of achieving agreement at any cost, in fact it tends to justify much of their criticism by denying the validity of the parties' perception of their goals and the purpose of their interaction.

It is axiomatic that the different kinds of disputes brought to mediation and different settings in which mediation takes place may suggest or even demand different approaches by the mediators and even radically different goals for the process. Contrasting a mediation between an established union and management over a grievance issue with a mediation between a battered spouse and a batterer, makes it clear that in the latter case transformation may be a more appropriate goal than in the former. Even in the latter case, however, an important ethical question is raised if the mediator elects to attempt the transformation of the batterer without announcing this a goal of the process before implementing it.

The problem is well illustrated by the opening example in the book, "the case of the sensitive bully". A result clearly perceived by the authors as favorable and transformative, is in fact highly suspect as demonstrating an abuse of power by the mediators disempowering the respondent and allowing advantage to be taken of him. Other examples in the book similarly may accomplish "transformation", but appear to do so often at a cost of injustice. Bob Bush has long been uncomfortable with mediators who take a directive stance in the mediation process, but by focusing on transformation he proposes an approach that is, at least, equally controlling, while lacking the justice orientation that provides at least some protection in what he describes as the satisfaction model.

In fairness, if all mediators were substantially trained in the mental health area, such a transformational approach might well be justified, at least if properly advertised, for many clients. In the absence of such training, the focus on transformation is merely an invitation for the undertrained to meddle in matters that they may well not sufficiently understand. I find it difficult to accept that 40 hours of mediation training qualifies one to attempt to transform the life of another.

This is not to suggest that this is not a book well worth reading. It is clear, not only from this book but from several others recently published, that the transformative idea is a very popular one. Unlike most of the books that take this approach The Promise of Mediation is rational and well argued. Those who promote alternative views of mediation practice and goals should be prepared to respond to these arguments, not merely the "soft and fuzzy" ones that are usually presented.

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Coleman, Charles J. and Haynes, Theodora T., Labor Arbitration: An Annotated Bibliography, ILR Press, School of Industrial and Labor Relations, Cornell University, Ithaca, NY 14853-3901 (279pp $35 1994)

Book review by James B. Boskey

Labor Arbitration: An Annotated Bibliography was sponsored by the Committee on Research of the National Academy of Arbitrators as a successor to the 1985 Foster and Bognanno volume that first attempted to provide a reasonably comprehensive bibliography of English language material on the resolution of grievances in labor-management relations through private resources. Coleman and Haynes have built on that earlier work, they note that almost every item listed in it is included in this new bibliography, but they have not only updated, but substantially expanded on the work of their predecessors. One great advantage that they had was the ready availability of computerized literature searches, and they have taken substantial advantage of this to expand the scope of their listings.

The volume begins with a bibliographic introduction which discusses the manner in which items were selected for inclusion in this bibliography and measures of the accuracy of the selection process. Generally the intention of the editors was to be comprehensive, and, at least as to recent material-since 1985, they appear to have been successful in this. As to earlier material, they acknowledge some gaps, but the rapid development of the field and the nature of the excluded material probably means that there is little serious loss in this regard. Unsurprisingly, the major sources in which contributions were found were the Arbitration Journal, NAA Proceedings, and the Labor Law Journal, but the range of sources is extensive (essentially all listed in the Legal Research Index, ABI/Inform, and Research Libraries Information Network). Excluded were brief items, book reviews, editorials, newspaper articles, and other articles from periodicals specializing in current events.

The bibliographic introduction is followed by an essay entitled Labor Arbitration and the Federal Courts, and subtitled The Legal Foundations of Grievance Arbitration in the United States. This essay, in 26 pages, offers a brief survey of the principal cases that created the modern system of labor arbitration, and paragraph summaries/annotations of these cases and other that laid a similar foundation in specific areas of arbitration practice.

The body of the book, however, is made up of the annotated bibliography. Included in the listing are 154 books, 961 articles, and 221 proceedings, with 11% dating from prior to 1970 and about 1/3 from 1986-1992 when data collection ended. The volumes are collected in two major groupings (books/monographs and articles/proceedings) with each of the major groups further subdivided topically (12 categories under the first and 17 under the second). The categories are broad, but are sufficiently refined to allow the researcher, or the drafter of an award, to focus in rapidly on the subject matter of interest. Detailed subject and author indexes are also provided.

The annotations provided are quite brief, usually limited to three to four lines of type. For articles this is often, although not always, enough to give a general sense of the material discussed, but with books and monographs the summary is frequently so cursory as to be of limited or no value. An example might be the description of Ewing's Justice on the Job which reads "A series of case studies involving nonunion grievance procedures in large American corporations." While the listings for articles and proceedings provide beginning and ending pages, those for books and monographs do not, as a matter of course, provide the length of the volume, a serious limitation.

Overall, the bibliography will be useful to many in the labor arbitration field, but will not consistently meet its intended goal to allow arbitrators to use it to locate solid secondary and tertiary sources for citations in their awards. It certainly belongs in most research libraries, and many better read arbitrators may want to have it available, more to help in locating an item they have already read than in searching for a new one on a particular topic.

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Cloke, Kenneth, Mediation: Revenge and the Magic of Forgiveness (2d ed.), Center for Dispute Resolution, 2411 Eighteenth St., Santa Monica, CA 90405 (469pp $25 1994)

Book review by James B. Boskey

Revenge and the Magic of Forgiveness is a collection of the writings of Kenneth Cloke on mediation and other dispute resolution topics. Over the time that he has been involved in dispute resolution (more than ten years), Mr. Cloke has apparently regularly recorded his thoughts on various aspects of the subject in forms ranging from short essays (ranging from about 3-10 pages) to lists of ideas on subjects ranging from what's wrong with labor arbitration to ways of saying good-bye. In this book he has collected these various pieces, there are more than 150 included, organized them as to primary topic, and made them available to the interested reader.

The subjects dealt with cover much of the waterfront of dispute resolution. Chapters include: Why Mediation?, Divorce Mediation, School Mediation, Avoiding Litigation, Organizational Mediation, Mediation and Management, Grievance and Workplace Mediation, International and Cross-Cultural Mediation, Mediation and Social Change, and Resistance, Revenge, Forgiveness and Reconciliation. As the chapter headings suggest, the coverage of each is broad, and often a piece in one chapter may inspire an ideas from another.

Within each subject, the papers are divided into essays and techniques. The latter are short pieces, rarely exceeding two to three pages, and often consisting of lists of ideas or approaches to be considered by mediators or their clients. The essays, which are usually somewhat longer, typically offer more analysis of their subject or at least present it in a fuller setting. Unsurprisingly, the quality of the materials included and their interest varies widely. On the whole, however, Mr. Cloke offers useful, if not usually exceptionally insightful, ideas on disputing and dispute resolution processes. Many of his lists of techniques could well be used other dispute resolvers as check lists for their own activities or as handouts to be given to mediation clients to better prepare them for various segments of the process.

This is not a book that most people will want to read through from cover to cover. It will be best enjoyed by engaging in occasionally picking it up and reading one or two of the pieces. Surprisingly often, doing that may inspire new ideas or approaches for the reader.

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Burns, Margaret, Mediation and Domestic Violence: Policy and Procedures, Australian Dispute Resolution Association, PO Box E468 St. James, Sydney, NSW 2000, Australia (23pp $A5 1994)

Book review by James B. Boskey

This pamphlet volume sets out a detailed set of policies and procedures developed by Margaret Burns in consultation with the Australian Dispute Resolution Association for use by that association. The policies define the nature of domestic violence, provide background on its occurrence, and take the view that the fact of violence is never mediatable nor is the question of whether a protective order should be applied for by the victim. Given these assumptions, the procedures set out the manner in which cases involving domestic violence should be dealt with at all stages of the mediation process and the setting in which such mediations may be performed. Consideration is given to policy at the referral and intake stages to identifying and dealing with cases where domestic violence is, or may be, present. Issues of environmental safety, assignment and briefing of mediators, the management of the mediation process are considered with special attention to terminating the session. Also included are considerations with regard to follow up care and agency management.

The policies and procedures developed the ADRA are neither complete nor exclusive answers to dealing with domestic violence in the mediation setting. They are, however, well thought out and will provide a valuable starting point for others looking at these questions. Clearly the view taken is not that of some of the feminist critics that mediation should never occur where domestic violence is present, but the cautions here should protect against many of the problems that can arise in those situations.

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CPR, Banking Industry ADR, CPR Institute for Dispute Resolution, 366 Madison Ave., New York, NY 10017-3122 (86pp $50/$15 for members 1994)

CPR, Mediation, CPR Institute for Dispute Resolution, 366 Madison Ave., New York, NY 10017-3122 (99pp $50/$15 for members 1994)

CPR, Dispute Resolution Clauses: Partnership Agreements, CPR Institute for Dispute Resolution, 366 Madison Ave., New York, NY 10017-3122 (16pp free for members 1994)

Book review by James B. Boskey

These three volumes are amongst the new sections of the CPR Model ADR Procedures and Practices Series (MAPP). Two of them are wholly new, while the mediation volume has been substantially revised from its earlier form.

Banking Industry ADR is designed to encourage banks to commit themselves to negotiate, and if need be mediate, future disputes with other banks, especially those that have signed the agreement that this volume encourages. It also seeks to have banks seriously consider the routine use of ADR in customer disputes through the incorporation o ADR provisions in loan agreements and other consumer transactions. This latter has certainly gotten a strong push from the Bank of America case in California.

The volume begins with a brief look at inter-bank disputes, but focuses on bank-customer issues. It describes the nature of mediation and arbitration and looks at the level of satisfaction of both banks and customers with the use of ADR and the cost savings that this approach offers. Five banks represented on the committee that developed this volume use systematic ADR in such disputes and their experience is considered in the report. A final section looks at the use of ADR at the FDIC and RTC. Appendices provide the commitment form for banks willing to participate and sample notices, contract clauses and procedures for consideration.

The Mediation volume sets out the CPR Model Mediation Procedures for Business Disputes, which as I have commented in earlier issues is one of the clearer procedural statements available, with extensive commentary on the procedures. I do not believe there has been any change in the procedures themselves, but the commentary has been updated to take account of our expanding knowledge of the area. Attached are forms for a submission agreement and a model agreement for parties and neutral and two brief general articles, a bibliography, and a series of news reports from the CPR newsletter Alternatives on the successful use of these procedures.

The Dispute Resolution Clauses: Partnership Agreements is briefer than the others, but perhaps even more useful. It starts with a short (4 page) general discussion of the use of dispute resolution clauses in partnership agreements and some of the considerations to take into account, and follows with a group of sample clauses including a preamble, negotiation, mediation, and binding dr clauses, and clauses to protect rights (provisional remedies and statute of limitations tolling) and ones to discourage resort to adjudication.

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Duriez, Pierre, Les Médiations en France: vers un état des lieux-Tome 1 Les Écrits 1980-1994 (Mediation in France: Towards an Understanding of its State Book One-Writings 1980-1994), CLCJ, BP 38, 33023 Bordeaux cedex, France (81pp 50ff 1994)

Book review by James B. Boskey

Les Médiations en France: vers un état des lieux is an extensive, though by its own terms less than comprehensive bibliography of writings on mediation in France from 1980 through 1994. It was compiled by Pierre Duriez under a grant from the CLCJ, the Liaison Committee for Social Education Associations of the Judicial Council. After several brief introductory essays on the manner in which this project came into being and some of the questions that needed to be resolved in its execution, the bulk of the work is the bibliography itself.

The bibliography begins with a list of 100 journals which have published at least one article on mediation during the period covered. For each, the title and general nature of the journal is given as well as the address of its publisher and distributor. Also for each citations are provided for the article considered, but the citation is limited to the volume, date, and page, without the name of the article. This is followed by a chronological list of 15 journals which have published special issues dedicated to mediation. Similar information is provided along with the general title or subject matter of the special issue.

The bulk of the bibliography consists of a listing of 359 books (30), articles (251), special issues, theses, and the like (78) listed topically and by type, and within type by date. For books author, title, publisher, date and price are provided, for articles: author, title of article, journal, date and number or page, and for other items: author, title, and publisher. The materials are divided into nine subject matters: mediation in general, administrative mediation-including civil and diplomatic issues, cultural mediation-crosscultural issues, employment and labor mediation, family mediation, penal mediation (Victim-Offender reconciliation mediation), community mediation, school and academic mediation, and social service mediation. While the list is stated by the editor not to be comprehensive, it provides a wide range materials for the consideration of anyone interested in the development of mediation in France.

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CERIS, Mediations: Bibliographie Thématique, Institut Regional du Travail Social de Haute-Normande, Route de Duclair, BP %, 76380 Canteleu (Rouen), France (50pp 100ff 1994)

Book review by James B. Boskey

By coincidence, I have a second french language bibliography on mediation for review in this issue. Ceris, the Center for Studies and Resources on Social Information, prepared this Thematic Bibliography for the Regional Institute of Social Work of Haute Normande in the Rouen area.

Ceris has, for more than two years been developing a data base of materials on mediation, which now consists of more than 300 documents. This bibliography is a selection of some of the more substantial items in this data base, organized into nine categories including, family, penal, reparations, intercultural, and others. Each item is listed with the source from which it originated or the publisher, the number of pages, whether it includes such adjuncts as a bibliography, and a paragraph description of its content. There is no attempt made to evaluate the quality of the items, but sufficient information is given to allow one to determine if the item is in an area of interest.

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CLCJ, Guide Pour La Pratique de Law Médiation Pénale (Guide for the Practice of Penal Mediation), CLCJ, BP 38, 33023 Bordeaux cedex, France (55pp 25ff 1994)

Book review by James B. Boskey

Penal Mediation is the term used in France for what is called in England and the United States victim-offender reconciliation (VORP). This manual is a guide to the establishment of such programs. It includes several official declarations, both French and European, establishing the legitimacy of operating VORP programs, a brief description of how to establish such a program including some basic forms, and several appendices spelling out the problems of protection of individual rights in such programs, the purposes of the programs, and some relevant code sections.

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Deloitte & Touche, Deloitte & Touche Litigation Services 1993 Survey of General and Outside Counsels-Alternative Dispute Resolution (ADR), Deloitte & Touche Management Consulting, 2 Prudential Plaza, 180 North Stetson Ave., Chicago, IL 60601-6779 (18pp 1994)

Book review by James B. Boskey

Deloitte & Touch Litigation Services is a major management consulting operation specializing in litigation management issues for large and medium sized corporations. This survey, conducted in 1993, sought responses from law firm attorneys and the general counsels of Fortune 1000 corporations. The results of the survey demonstrate the breadth of use of ADR with 246 respondents reporting a total of 3,248 ADR procedures from 1990 to 1992, with arbitration and mediation dominating the list of processes used. Satisfaction with ADR amongst respondents was high and most indicated that they expected their use of ADR in the future to increase. The survey results are summarized in seven sections examining the use of ADR, the question of who decides to use ADR processes, the expectations for and effectiveness of the processes, and the likely future use of these processes.

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Claremont, Robin (ed.), Australian Made Dispute Resolution: Community Options for the Future (Proceedings ADRA National Conference Oct. 1993), Australian Dispute Resolution Association, PO Box E468 St. James, Sydney, NSW 2000, Australia (164pp $A35 1994)

Book review by James B. Boskey

Australian Made Dispute Resolution is the Proceedings of the 1993 National Conference of the Australian Dispute Resolution Association. Presented in a spiral binding, it includes, in addition to the editor's introduction, 29 papers presented at the conference, ranging from one page summaries through 12-14 page more comprehensive statements, with the average paper being about 4-8 pages including diagrams.

The topics included range widely. Many of the papers look to dispute resolution in particular settings, including aboriginal communities, retirement communities, and public sector issues. Others focus on specific issues such as cultural diversity, community and environment, tenancy, rental bonds, and the like, while still others examine process questions, ie cross-cultural communication, or describe particular programs. Four papers are included in a panel discussion of negotiation of changing concepts of family units and relationships.

Overall the papers are brief, but carefully edited and clear. Many of the approaches suggested or described are, if not unique, somewhat different from those seen elsewhere. This is a valuable collection which will suggest ideas for program development and improvement not only for Australians, but for those in other parts of the world as well.

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Davis, Gwynn, Cretney, Stephen, and Collins, Jean, Simple Quarrels: Negotiating Money and Property Disputes on Divorce, Oxford University Press, 200 Madison Ave., New York, NY 10016 (328pp $55 1994)

Book review by James B. Boskey

Simple Quarrels is a report of a quasi-anthropological study of the process of resolving money and property disputes in divorce in England. The authors, all socio-legal scholars affiliated or formerly affiliated with Bristol University employed an interview-observation approach to follow eighty money and or property disputes from the point of initial application to the court to final resolution, by agreement or by judicial action. While the number of cases is relatively small, this approach permitted the authors to obtain a far more detailed understanding of the process and the response to the process of all participants than a large scale statistical study would have made possible, and provided the opportunity to examine the negotiation process itself, rather than merely the outcomes of that process. While there have been a number of studies which have used similar approaches in dealing with children's issues, this is the first of which I am aware to apply these techniques to the area of money and property.

The book begins by laying out the legal framework within which such negotiations take place. That framework includes not only the formal legal doctrines and procedures that govern the allocation of property (or at least establish the shadow of the law in voluntarily resolved matters), but also the contribution of the state in the form of benefit programs that influence the response of the parties and the acceptability of particular results. With that framework in place, the book turns to the study itself and the conclusions that can be drawn from it.

The details of the study results are too complex to be set forth in the compass available to us here. Amongst the interesting findings are the confirmation of the difference in power between men and women in the process, a matter which has always been assumed to exist, but is confirmed here in far more detail than previously and the sources of which are substantially clarified. Similarly, the role of judicial discretion, which has great value in the courtroom setting, but real costs for the great majority of parties who do not get to the court for a decision is illuminated in terms of specific consequences in ways that were previously less than obvious.

This is a very important study and should be mandatory reading for all those involved in the process of resolving divorce cases. Its conclusions tend to, indirectly, support the appropriateness of mediation and similar devices, but they also clearly point up the potholes that exist on the road to effective resolution.

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Emery, Robert E., Renegotiating Family Relationships: Divorce, Child Custody, and Mediation, Guilford Publications, 72 Spring St., New York, NY 10012 (243pp $24.25 1994)

Book review by James B. Boskey

Robert Emery is a clinical psychologist, Professor of psychology, and mediator who brings to the study of the divorcing process a family systems approach that examines the individual, dyadic, and triadic interactions that are involved in the resolution of disputes over parental relationships with children during and following the breakup of a family. His fundamental approach is to recognize the differences in perceptions of their marriages and the causes of their breakup that the different players bring to the table in the negotiation process, and the means by which these perceptions can be sufficiently harmonized to allow effective resolution of their difficulties.

His concept of his and her divorce carries tones of Tolstoy's dictum that all happy families are alike, but each unhappy family is unhappy in its own way. He would disagree with this, however, noting that even the perception of the reasons for happiness in a successful family is usually based on very different conceptualizations of the nature of the interpersonal relationships by each of the players. The family system model looks at boundaries, which are the stated or unstated rules governing relationships that define the territory of an individual in such relationships. He draws extensively, and clearly, on existing psychological theory and supplements this material with his own observations based on his extensive experience in working with divorcing couples in therapeutic and mediation settings.

With this as a base, Emery examines the structure of the law governing divorce, especially with relationship to children, and demonstrates how the indeterminacy of the law in this area increases the difficulty for the parties in redefining the boundaries that they need to negotiate. His summary of the law is sufficient to identify the structural problems that it poses and as accurate as is reasonably possible in an attempt to present national views. He then proceeds to examine games and negotiation theory as a model for the manner in which negotiation over custody issues occurs and focuses on the need to match disputing processes to the underlying nature of the disputes presented.

Having concluded from the above that mediation is usually, though not always the most effective disputing process for the resolution of issues of this nature because of the opportunity to resolve boundary issues in a sufficient legal context, he proceeds to describe the mediation process. He prefers a co-mediation, modestly structured (but not structured mediation) approach, not dissimilar to that used by John Haynes, but with a somewhat greater use of caucusing than in the Haynes model. Finally he reports on the current state of knowledge on custody mediation and of psychological research on children, parents, and divorce, demonstrating some of the reasons for the effectiveness of the approach recommended.

This would be an excellent primary text for a college or graduate course on custody mediation and would be very useful in a law school course on the same subject. The firm grounding that is provided in psychological, disputing, and mediation theory frames a clear and sophisticated analysis of the custody mediation process. Emery writes well, and particularly impressive is his ability to restate theoretical writings without depending on professional jargon, making his presentation easily accessible to those without a background in the area under discussion.

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Alaska Judicial Council, A Consumer Guide to Selecting a Mediator, Alaska Judicial Council, 1029 W. Third Avenue, Suite 201, Anchorage, AK 99501 (1995)

Book review by James B. Boskey

Produced under a grant from the State Justice Institute, the Guide provides a very good, compact understanding of how to seek a mediator for a variety of disputes. It will be useful for lawyers, counselors and other professionals helping clients explore mediation options. It is also best suited for consumers with some time and resources to make a well-considered review of potential mediation providers meaningful. For many kind of neighborhood, business-consumer and minor criminal disputes, the tips for searching for a mediator are superfluous since most court-annexed and community-based programs decide who will mediate a particular conflict.

The Guide describes five steps: 1. Decide what you want from mediation; 2. Compile a list of Mediators; 3. Evaluate Written Materials; 4. Interview the Mediators; 5. Evaluate Information and Make a Decision.

The layout is very attractive and checklists summarize the important points of each step. It includes information on national mediation organizations, a Quick Reference checklist and a card consumers can use to provide feedback to the Alaska Judicial Council on the usefulness of the Guide.

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Augsburger, David, Conflict Mediation Across Cultures: Pathways and Patterns, Westminster/John Knox Publishers, 100 Witherspoon St., Louisville, KY 40202-1396 (310pp $22.99 1992)

Book review by James B. Boskey

The first impression that one gains of Augsburger's book is that it is going to be a rather vague, politically correct, examination of conflict processes that offers little that is new. Nothing could be further from the truth. Augsburger, a Professor of Pastoral Care and Counseling, couches in a gentle tone a razor sharp analytical mind which provides one of the clearest attempts that I have seen to develop a general theory of conflict in a cross-cultural setting. He has an encyclopedic knowledge of the anthropological literature on conflict as well as an extensive one of both philosophy and general conflict literature, and has a remarkable skill at bringing together ideas and approaches from different disciplines to illuminate the cultural forces which influence both the ways in which conflict is perceived and dealt with by members of different societies.

The title of the book is somewhat misleading. This is not a volume dealing with mediation of conflicts between members of different cultures, but rather a prolegomena to a general theory of cultural understanding of conflict. From a social science viewpoint, Augsburger is primarily a structuralist. He assumes the internal validity of the systems of conflict management that each culture presents without necessarily determining the functional results of those systems. This provides a clear basis for descriptive and classifactory analysis, although it limits the ability to determine the relative functionality of different cultural constructs. Structural approaches to theory building are valuable in the creation of common descriptors and in providing the outsider with a basis for observation of systems which are often otherwise hidden. While Augsburger does not reject functionalist analyses, and indeed hints strongly at them at various points, he does not allow this to compromise his basic text.

Each chapter in the book begins with folktales, usually from traditional societies, which illustrate the principles set forth in the chapter. These principles, which are cross-culturally derived and descriptive of disputing systems, are clearly stated and the sources of ideas are liberally cited to allow the reader to return to original sources to reanalyze and rethink the approaches suggested. This is a gentle book. It is elegantly written and clear and thoughtful in all respects. The basic theses are too complex and too well nuanced to be summarized in a review, but I would challenge anyone in the conflict field not to improve his or her thinking about and understanding of conflict through a careful reading of it.

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Asherman, Ira G. and Sandy Vance, 25 Role Plays for Negotiation Skills, HRD Press, 22 Amherst Road, Amherst, MA 01002 (192pp $39.95 1995)

Book review by James B. Boskey

Designing good role plays is one of those tasks that is not inherently difficult, but is time consuming and demands substantial creativity in coming up with appropriate settings and issues to focus the user on the various tasks to be learned. A useful collection of predesigned role plays is therefore valuable, both to avoid the labor involved in preparing one's own and also to provide ideas which can be adapted to meet one's own specific needs. The Asherman book meets both these purposes effectively and will be a worthwhile addition to the bookshelf of anyone teaching or training in negotiation skills.

The book begins with a brief introduction to the "Successful Negotiator" approach promoted by the Ashermans. The approach focuses on collaborative problem solving and interest identification and uses a fairly straightforward six stage description of the negotiating process. There is little in this approach that will strike the reader as radical, but it provides a solid basis for introducing effective negotiating techniques.

The bulk of the book consists of the twenty-five role plays. They are all two party negotiations, although some could be used as two team rather than party activities, range in length from 10 to 30 minutes, and each offers an easily copyable fact sheet for each of the participants. Each of the negotiations is introduced by an instructor's information sheet which discusses the time needed, the objectives of the exercise, trainer and debriefing notes, and sometimes additional useful information on the use of the scenario.

None of the role plays is especially complex. Settings include accidental confrontations, planned negotiations of a personal nature, commercial transactions, and, primarily, negotiations occurring in a corporate or business setting. Each of them is carefully designed to provide the opportunity for interest based analysis, and most have relatively easily locatable settlement points.

Overall this is a useful contribution for both teacher and trainer and will be used regularly be either. It does not include the more complex role plays one might wish to use at an advanced stage, but provides a good range for the beginners course or early stages of a more advanced one.

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Butler, C.T. Lawrence and Rothstein, Amy, On Conflict and Consensus: A Handbook on Formal Consensus Decisionmaking, Food Not Bombs Publishing, 295 Forest Ave. #314, Portland, ME 04101 (71pp $15 1991)

Book review by James B. Boskey

On Conflict and Concensus was developed as a manual for the cooperative decisionmaking workshops offered by its authors. It is based on the concept of Formal Concensus, a form of collective decisionmaking in a structured environment which draws on the common principles and decisions on which the group using it was based.

The technique of formal concensus is not one that will be useful in most types of meetings. It appears, without so stating, to be based on many of the techniques that are used in Quaker meetings. It assumes a high degree of mutual respect amongst the participants and a willingness to surrender individuality to group concensus.

Basically formal concensus does not allow any decision to occur unless all participants either agree with the decision or are willing to not dissent from it. Thus, if an issue is highly controversial or any party is strongly committed to an alternative viewpoint, the process will fail. Where the participants share common cultural beliefs and goals, and where the matter under consideration can be reasonably adequately resolved in any of several manners, it provides a means for solidifying the groups support for the approach chosen.

While Formal Concensus is a limited technique, it is one which can be of substantial value to a group which meets all of the preconditions necessary for its implementation.

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Connor, A., Dirty Negotiating Tactics and Their Solutions, Wyvern Business Library, Wyvern House, 6 The Business Park, Ely, Cambridgeshire CB7 4JW, England (20pp $19.95)

Book review by James B. Boskey

Dirty Negotiating Tactics and Their Solutions appears to be a report that was developed for use with a training program on negotiation, but this should not discourage the potential reader from giving it serious attention. The report consists of a list of 28 "Dirty Tactics", each one supported by a list of appropriate responses. The tactics are real, and the responses are reasonable ones, written by someone with a good, but not excessive, sense of humor. They are not the only possible responses, but they are ones that will often be reasonable. They would fit well in a training course on advanced negotiation techniques or as a source of ideas for the development of a special program.

One example will give some sense of the coverage. Tactic 30 is "They seem terrifically nice". The responses are: "This tactic is designed to lull you into a much softer stance. And it is very powerful because it is based on our need to be liked. It also indirectly uses your sense of fair play to put pressure on you to reciprocate. One of their team may try flirting with you. They flatter you with reports of the good things they have heard about your company. They offer unsolicited favours unrelated to the matter in negotiation (they will have found out your interests and hobbies by now). They will seem very flexible and easygoing 'As you wish', 'Whenever is best for you', 'Just tell us how you would like it'." Response: "It doesn't matter whether their niceness is genuine or not, don't lose sight of your negotiating stance. Accept their niceness graciously but remain very firm. Keep accurate notes. It is more difficult to challenge someone who is being very nice and acts hurt when you question their interpretation of what has been agreed. No matter how nice you are, don't let their niceness make you feel obligated to make concessions."

As W.S. Gilbert pointed out, "He who'd make his fellow, fellow, fellow creatures wise, should always gild the philosophic pill." This volume adheres nicely to that adage.

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Conflict Resolution Center International, Conflict Resolution Resource Directory: 1995, Conflict Resolution Center International, 2205 East Carson St., Pittsburgh, PA 15203-2107 ($140 1995)

Book review by James B. Boskey

Conflict Resolution Center International (CRCI) is one of the leading players in conflict resolution in the international as well as national arena and has been one of the leaders in using electronic communications to communicate with dispute resolution providers, researchers, and others. They have long maintained a data base of persons interested in dispute resolution and made that data base available on line, but with this volume they have also made it available to those who are "less well connected".

The body of the book consists of the listing of dispute resolvers from around the world who can be consulted on a particular case. Over 550 individuals are listed from at least 10 nations. Each listing offers the name, address, phone, e-mail address if available, and years of experience as well as date of entry into the field. In addition each person is classified as mediator, arbitrator, and/or facilitator, and the type of disputes dealt with as intervener, trainer, researcher, or consultant. International experience and geographical availability are included, as well as whether they have completed at least 30 hours of training. Additional information includes who they received basic and advanced training from, their professional background, and languages spoken.

In addition to the alphabetical listings, the listed individuals are indexed as interveners, trainers, or consultants by service area. Also included is a list of state, national, and international resource organizations.

This is far and away the most extensive list of dispute resolution service providers that I have seen publicly available. Anyone working in this area will want to have it at hand to use for referrals out of region or in dispute areas with which they do not deal.

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Dispute Systems Design Working Group, Evaluating ADR Programs, Administrative Conference of the United States, Suite 500, 2120 L St. NW, Washington, DC 20037-1568 (32pp 1995)

Book review by James B. Boskey

This handbook, developed by a subcommittee of the Administrative Conference of the United States, is one of the most valuable manuals available for those who are planning to evaluate the implementation of an ADR program. While it was designed primarily for use by federal agencies in evaluation of programs that they have implemented under the Administrative Dispute Resolution Act, it is written generically so that it can be used equally well in the evaluation of public programs at other levels or private ADR service delivery operations.

The substance of the manual is divided into three chapters: Planning the Evaluation, Design and Implementation, and Presentation, Dissemination, and Use of Results. The handbook does not create a preformed evaluation, but rather directs the intending evaluator on how to identify those factors that should be and can be evaluated and how to approach evaluating them. A solid guide that should be available to every program evaluator.

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ACUS, Mediation of Equal Employment Opportunity Disputes at the Federal Aviation Administration, Administrative Conference of the United States (ACUS), Suite 500, 2120 L St. NW, Washington, DC 20037-1568, 202-254-7020 (39pp 1994)

Book review by James B. Boskey

This report is a response to a request by the United States Department of Transportation (DOT) to the Administrative Conference of the United States (ACUS) for assistance in developing a pilot EEO dispute resolution program. EEO disputes have proven quite amenable to mediation, both in the public and the private sphere. The expense of litigation and administrative and judicial delays have encouraged employees and employers to use voluntary means to resolve many of their EEO related disputes.

The DOT, however, was looking to further improve the dispute resolution process in this areas, as it felt that, even with the high rate of resolution prior to full court hearing, that too much time and expense was being invested in these matters. After substantial evaluation, the Federal Aviation Administration's (FAA) Washington DC operations were selected as the site and subject for the new program. The model developed is a voluntary, early (pre-filing), mediation program.

This report describes the proposed program in detail with explanations for the choices made in the design process. It details the setting, the design of the system and anticipated problems in its implementation, processes for the selection and qualification of mediators, program administration issues, confidentiality questions, and the need for training, education and outreach to make the program effective. It provides a useful and thoughtful example of effective program design that will be useful in both the public and private sectors.

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American Arbitration Association Construction ADR Task Force, Interim Report-July 31, 1995, American Arbitration Association, 140 W 51st St., New York, NY 10020-1203 (46pp 1995)

Book review by James B. Boskey

The American Arbitration Association (AAA) is making an agressive effort to update its approach to dispute resolution services in a variety of areas. One of the most active areas in which the AAA is involved is the resolution of construction disputes, not only through arbitration, but, especially with its cosponsorship of DART of partnering and other non-binding dispute resolution techniques as well. The Construction ADR Task Force, made up of attorneys and practitioners in the construction area, has taken the lead in examining the approach to dispute resolution in this area.

This interim report, a final report is anticipated in the Fall of 1995, addresses a range of issues for construction ADR. The recommendations fall into four categories.

As to arbitration, the interim report recommends the establishment of three arbitration tracks: fast track for cases under $50,000, regular track for cases between $50,000 and $1,000,000, and large complex case track for larger claims. Each track has specific proposals to improve both the speed and quality of decision making in arbitration.

As to panel development, the recommendations include a requirement for experience as a basis for panel membership, mandatory training of new arbitrators, and panelist approval by trade members. In the outreach area recommendations include publication of the list of neutrals, expanded use of user surveys and advisory committees, and increased AAA participation in industry trade groups.

Finally, as to nonbinding ADR, the report recommends the development of a menu of dispute resolution services and the development of a trained cadre of neutrals able to implement this range of services.

Construction remains an area of active disputing, and these recommendations should substantially improve the dispute resolution process in the industry.

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Crosby, Doreen, The Use of Mediation in Settling Injury Claims: A Cost/Benefit Analysis, Insurance Corporation of British Columbia, ADR Department, 151 West Esplanade, North Vancouver, BC V7M 3HA, Canada (36pp 1995)

Book review by James B. Boskey

The Insurance Corporation of British Columbia is an important provider of personal injury coverage in Canada. Since 1989 they have had an ADR department charged with educating staff and training internal and external customers in the use of ADR. Mediation has been far and away the most important process used, and between 1990 and 1994 its use increased 88%. In 1994 over 1,000 cases were mediated with 82% of those cases being resolved through the mediation process.

In 1993, the company considered seeking legislation to make the use of mediation mandatory in litigated cases. They decided, however, that more data was needed than existed on the cost implications of compulsory mediation, and a task force was developed to examine that question and to develop a corporate policy on the use of ADR. This report is the result of the first part of that task force's efforts.

The study examined the effectiveness of negotiated settlements, litigated resolutions, and mediated settlements in two settings, one at a special claims office which uses mediation early in the negotiation process and the other, the other claims offices, which tend to use mediation at the immediate pretrial stage. The clear results were that mediation is far and away more effective in reducing both transaction costs and nonmonetary damage claims where it is used early in the process. It has some effect on transaction costs, but limited effect on the nonmonetary claims when used later.

The conclusions of the study are by no means comprehensive on the desirability of mediation, but they provide some useful documentation on its effectiveness. The data will be especially useful to those who are seeking to demonstrate the potential for a mediation program to insurors and others involved in heavy litigation settings.

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Cohen, Richard, Students Resolving Conflicts: Peer Mediation in Schools, GoodYear Books, Scott Foresman, 1900 East Lake Ave., Glenview, IL 60025 (263pp $14.95 1995)

Book review by James B. Boskey

Students Resolving Conflicts is designed to serve three purposes: provide an introduction to conflict resolution and peer mediation, serve as a technical assistance manual for those implementing a peer mediation program, and be available as a reference work for those currently operating such a program. These are ambitious goals, but the first two are very well served by this volume and the third is adequately supported as well. On its cover the book states that it for use in grades 6-12, but much of the material in it could well be applied to an elementary school conflict resolution/peer mediation program as well.

The book is divided into three sections, each containing several chapters. The first section provides background on cooperative and competitive approaches to dealing with conflict and on basic conflict resolution devices, examines traditional means of regulating conflict in the school setting, and introduces peer mediation. The second section provides a detailed outline for implementing a peer mediation system. It addresses means of obtaining support for the program in the school, program design and planning, training and outreach, the mediation process, and program maintenance issues. Unlike many similar manuals, this one does not attempt to provide the details of a training program, but rather suggests, correctly in my view, that expert trainers from outside the school should be brought in for, at least, the initial rounds of mediation training. The third section provides some useful resources for those operating programs. Included are two transcripts of peer mediation sessions, a twelve lesson syllabus on conflict and its resolution that could be used as part of a peer mediation advanced training program or offered in the context of a social studies course, and a set of program forms which are readily adaptable to meet the needs of various types of programs.

The book is well written and edited. It is designed for use by experienced educators and, while it assumes little knowledge of conflict and conflict resolution processes, is presented at a professional level. Most importantly, Cohen recognizes that there is no one way of accomplishing the tasks needed to establish and operate a peer mediation program, and leaves clearly open a range of options to adapt the approach in the book to meet local needs.

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Boskey, James B., McCabe, Douglas M., Dippolito, Michaelangelo, and Jennings, Stephanie (eds), Seeking Common Ground: 21st Annual International Conference, Toronto, Ontario October 20-23, 1993, Society of Professionals in Dispute Resolution, SPIDR, 815 15th St., NW, Suite 530, Washington, DC 20005-2201 (310pp 1995)

While I do not review books in which I have participated in this newsletter, I would like to note that the 1993 SPIDR Proceedings have finally emerged from the publisher. Apologies to all for the delay which was caused for the most part by the loss of SPIDR's executive director and the delay in her replacement.

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Alexander, Ronni, Putting the Earth First: Alternatives to Nuclear Security in Pacific Island States, Spark M. Matsunaga Institute for Peace, University of Hawai'i, 2424 Maile Way, Porteus 717, Honolulu, Hi 96822 (338pp $10 1994)

Book review by James B. Boskey

Putting the Earth First is a very irritating book. The author, Ronni Alexander has apparently never found a PC (Politically Correct) euphemism that he or she did not like, and uses them repeatedly and continuously throughout. Alexander also is extremely apologetic for being from the United States and tends to reject as inappropriate any action that the United States has taken in dealing with the nations and territories that are discussed in this book.

In light of this, why am I bothering to review this work here. Very simply, Alexander has identified a very important question in political theory of power and provides an acute analysis of this problem and possible solutions to it.

The basic question asked is what alternatives exist for microstates to assure their own security without subjecting themselves to the control of the major political powers. Alexander focuses on this problem by examining the response of the microstates of the Pacific to nuclear security issues and evaluating means by which the relatively powerless can exercise influence over those with, relatively speaking, unlimited political, military, and economic power.

The book begins, after a definition of terms, with a review of the history of nuclear testing in the Pacific and the process by which the Pacific Island states were incorporated into the world system. It then examines various nuclear-free initiatives that have been implemented in this part of the world, and similar provisions that have been put in place for Antarctica, outer space, and other regions. These developments are examined in the context of determining what factors allowed some of these initiatives to be effective, while others seem to have failed to accomplish their goals.

The questions posed and answers developed have importance beyond the regions considered and beyond the particular topics dealt with. The issues can be generalized into the question of the meaning of power and the means by which the relatively powerless are able to effect their will in cooperation or confrontation with others. The answers offered here suggest a variety of models for effective exercise of power in such situations, and, in doing so, point to options that can be utilized in many negotiation settings from the local through the international.

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Carter, Vivian Rattay, Commercial Contract Disputes, CPR Institute for Dispute Resolution, 366 Madison Ave., New York, NY 10017-3122 (200pp $50/$15 for CPR members 1994)

In the last issue of this newsletter I reviewed several of the new volumes in the Model ADR Procedures and Practice series from the CPR Institute for Dispute Resolution. Three additional publications in this series have recently become available, and I am pleased to have the opportunity to deal with them as well.

Commercial Contract Disputes is a revision of the 1991 CPR volume entitled Resolving Commercial Contract Disputes. It collects materials on the use of dispute resolution techniques in generic commercial contracts. Included are several general articles from CPR publications, a selective bibliography, shorter pieces from CPR publications describing particular dispute resolution approaches in specific areas, and four major CPR publications: Dispute Resolution Clauses: A Drafter's Guide, Non-Administered Arbitration Rules and Commentary, Model Mediation Procedures, and Model Minitrial Procedure. The material included is all of top flight quality. While all of it is available in other forms, this is a very convenient collection of important writings.

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Cronin-Harris, Catherine, ADR Cost Savings and Benefits, CPR Institute for Dispute Resolution, 366 Madison Ave., New York, NY 10017-3122 (137pp $50/$15 for CPR members 1995)

Book review by James B. Boskey

In the last issue of this newsletter I reviewed several of the new volumes in the Model ADR Procedures and Practice series from the CPR Institute for Dispute Resolution. Three additional publications in this series have recently become available, and I am pleased to have the opportunity to deal with them as well.

ADR Cost Savings and Benefits is a study of studies that have examined the questions of litigation expense and the costs and benefits of introducing ADR in commercial settings. This is one of the most comprehensive examinations of this topic available and provides a great deal of information that could be collected otherwise only at great cost and with great expenditure of time. It reviews a wide range of studies, discussing both their statistical and analytical findings, breaking them down both by industry sector and adr process. This is an important study which anyone considering operating a commercial dispute resolution service will find essential and which anyone interested in the field in general will find highly informative.

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Chukwumerije, Okezie, Choice of Law in International Commercial Arbitration, Quorum Books, Greenwood Publishing Group, 88 Post Road West, Box 5007, Westport, CT 06881 (231pp $65 1994)

Book review by James B. Boskey

One of the most important abiding trends in international commercial arbitration is the delocalization of both procedural and substantive law. Traditionally choice of law rules governing the procedure for arbitration looked primarily to the place where the arbitration took place and for the enforcement of awards looked either to the law of the place of contract or enforcement. Similarly in the selection of the governing substantive law either a party selected national law or the law of the place of contracting or hearing was generally seen as governing.

Peculiarities of various national laws, however, mean that such selections risk compromising or defeating the intent of the parties in entering into arbitration agreements. Thus, increasingly, most of the major trading nations have adhered to international agreements, such as the New York Convention, or enacted model laws, such as the UNCITRAL model, which internationalize the procedural rules and parties have, as to substantive law, elected to adopt the lex mercatoria, in commercial transactions, or international law, in interstate cases, to govern the decision making process.

While there have been a number of books published which have examined these trends from a variety of viewpoints, Chukwumerije's new work is one of relatively few that have taken a strict choice of law approach to this analysis. As many of the developments discussed are direct or indirect responses to traditional choice of law rules, this is a reasonable and useful approach to thinking through the selection of governing law process.

Chukwumerije begins his study with a review of the nature of international arbitration and an examination of the international conventions governing the arbitration process. He then turns to the three principal areas where choice of law impacts on the arbitration process: enforcement and interpretation of the arbitration agreement, the arbitration process, and the law governing the substantive issues decided. His approach to each is eclectic and draws on a wide range of sources, but maintains a focus on the underlying principle of party autonomy.

Having laid out the basic structure in these areas, he then turns to the special problem of state contracts. He focuses on the stabilization approach, which freezes the existing law at the time of the contract for the purposes of the transaction to avoid the risk of the state party changing "the rules" during the contract term, and on the internationalization approach which seeks to have the terms of agreement interpreted according to abstract principles of international law. This is followed by a final chapter looking at "mandatory rules of law", those, primarily national rules, which are deemed of such importance as to supersede the general party autonomy principle.

His analysis is particularly acute in recognizing the weakness of the lex mercatoria and internationalization approaches. The lack of a clear body of international commercial law can often lead to arbitrators, in effect, applying their own national law which they assume reflects generalized international principles. This is not a rejection of the idea of decisions being made ex aequo et bono, but a recognition that this is not the same as a decision according to international commercial principles.

The book is well written in clear and direct language. It would make an excellent text for an advanced program in conflicts of law as well as providing a valuable analysis for anyone involved in the international arbitration process.

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Cohen, Richard, Students Resolving Conflicts: Peer Mediation in Schools (Grades 6-12), Good Year Books, 1900 East Lake Ave., Glenview, IL 60025 (275pp $14.95 1995)

Book review by James B. Boskey

As many readers of this newsletter will know, I tend to be critical of books for adults that make extensive use of pictures and marginal quotes, being of the "old school" that believes in pages that are solid blocks of text. In fairness, however, modern publishing techniques, when used well, can seriously enhance the accessibility and readability of a good book, and Cohen, in Students Resolving Conflicts provides a very good example of how these additions should be used.

Richard Cohen, a co-founder of School Mediation Associates, has been one of the leaders of the peer mediation movement in the United States, and his peer mediation training programs have received excellent reviews from both students and faculty. In this book he addresses two goals: demonstrating the usefulness of peer mediation programs and conflict resolution training for students, and providing a model for the implementation of such programs. Both aspects of the book are well presented in clear and direct language that neither assumes that such programs will solve all educational problems nor denigrates their importance by suggesting that they are easily designed and implemented by those without a basic understanding of conflict theory and practice.

The book uses transcripts, narratives, tables, charts and other devices effectively to provide a detailed understanding of the nature of conflict and some of the means by which conflict can be addressed in a school setting. The writing is clear and makes effective and explicit use of the work of conflict theorists in a manner that makes their work accessible without compromising its integrity.

The first three chapters set out the background necessary for considering the implementation of a conflict resolution scheme in a school setting. First an examination of the nature of conflict and the idea of collaborative problem solving are explored in the context of the world of adolescents and preadolescents. This is followed by a brief examination of conflict resolution processes which serves to explain the reasons for the adoption of mediation as the basic conflict resolution model in this context. This is followed by a comparison of traditional conflict regulation schemes in schools with collaborative approaches and an overview of the nature of peer mediation systems.

The second portion of the book deals with the implementation of a peer mediation program in a school. Three chapters address the formative stages of such a program examining: securing initial support for the program, program design, and training and outreach. In each section a good balance is shown between defining the practical skills needed and providing an understanding of the underlying theory which will allow the implementor to be effective when developments do not precisely follow the plan. This is followed by two chapters on the operation of the program once it is implemented. The first deals with the mediation process itself: intake, assignment of mediators, supervision, etc., while the second addresses administrative and continuing organizational concerns such as debriefing, advanced training, internal program discipline, building morale, and the like.

Three final chapters provide textual and syllabus material for use with the program. Transcripts of two peer mediations, a set of program forms, and a curriculum of twelve lessons are provided. Appendices address special problems such as legal considerations, grant writing, use of private sessions and similar matters. The book is a substantial contribution that will be of real assistance to those involved in or thinking of establishing a peer mediation program in any secondary school.

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Crnoevich, Marcia, Corporate Disputing: The Use of ADR (Working Paper #13), The Center for Negotiation and Conflict Resolution, Rutgers University, Suite 1315, 15 Washington Street, Newark, NJ 07102 (24pp $5 1995)

Book review by James B. Boskey

Marcia Crnoevich's Corporate Disputing reports on research directed at determining whether law firms and corporations that have signed the CPR pledge to utilize dispute resolution methods rather than litigation as a primary means of dealing with disputes, have in fact modified their behavior in response to that pledge.

The report begins with a review of information on "the litigation explosion" followed by a discussion of the rationales for the use of ADR. After that introduction the research is reported on. Two questionnaires were circulated, one to law firms and the other to corporations. The questionnaires were designed to determine the extent to which ADR had been used since adherence to the pledge, whether such uses as had been made were successful, and whether there appeared to be a net savings from their use. In addition the question of whether there seemed to be any ethical dilemmas arising from the use of ADR was explored. Twenty corporations and fourteen law firms were surveyed and interviews were held with representatives of two law firms and three corporations.

The overall results are somewhat disappointing, but not surprising. Most of the respondents have not increased their use of ADR since signing the pledge. The law firms in general agreed that ADR led to a quicker resolution of disputes and saved clients fees, but the corporations were substantially less likely to feel this way. No specific ethical concerns were broadly felt, although a number of law firms suspected that they might be considered "weak" if they proposed the use of an adr procedure.

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Cahn, Dudley D., Conflict in Personal Relations, Lawrence Erlbaum Associates, 365 Broadway, Hillsdale, NJ 07642 (248pp $59.95(c) $22(p) 1994)

Book review by James B. Boskey

Conflict in Personal Relations is a moderately non-thematic collection of papers applying communication theory to various forms of interpersonal conflict. The ten papers, which are well written and individually quite interesting, address different forms of interpersonal conflict. Several of them are of particular importance as the subjects covered are less than adequately dealt with elsewhere in the general literature.

The papers are divided into two groups. The first address conflict in particular interpersonal settings. Patterson and Schwartz present an exceptional analysis of the problems that lack of socially defined boundaries create for same sex couples and the manner in which the lack of such boundaries create opportunities for conflict to develop. Lloyd and Emery undertake what is to my knowledge the first serious examination of physical conflict in romantic relationships from a communications standpoint, focusing on the use of physical conflict as a means of communication. Other papers examine conflict in intimate intercultural relationships, conflict between parents and children, and sandwich generation conflicts between adult children and their aging parents. Two other papers in this section examine somewhat different issues. Burrell and Cahn examine the mediation of peer conflict in school and college settings, taking a more descriptive approach to the programs that have been established and Weiss and Dehle bring a cognitive psychology approach to the examination of marital conflict.

The second group of papers are more generic in their coverage. Benoit and Cahn present a communication approach to everyday argument, Spitzberg and associates offer a competence based approach to the study of interpersonal conflict, and Danielson presents a holistic approach to dispute resolution in the community mediation center context.

Overall the papers are well written and interesting. While the book lacks an overall theme, the quality of the individual papers is sufficient to make it a worthwhile purchase if any of the papers' subjects are attractive.

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American Bar Association Dispute Resolution Symposium, Program Materials, Dispute Resolution Section, American Bar Association, 740 15th St., Washington, DC 20005-1009 (400+pp $75 1995)

Book review by James B. Boskey

The program materials from the American Bar Association Dispute Resolution Symposium make up an impressive packet which would be of major use to someone new to the field and of some substantial value to a more experienced researcher or practitioner. In addition to the usual program descriptions and biographies of participants, the papers included range from Roger Fisher's brief outline of "Lessons from Negotiation" to extended pieces such as Nancy Atlas' "Counsel's Guide to the Use of ADR in Federal Courts", which is a more than 40 page detailed practice manual. While most of the pieces have been published elsewhere, sometimes in other forms, they are almost all useful, and, if too many of them offer surveys of dispute resolution techniques, many of them offer useful tips and techniques that will be of real value.

Especially notable are the papers on the use of arbitration in employment disputes which include case summaries by Marsha Berzon and Mitchell Kraus and extended comments by Loretta Attardo from the plaintiff's perspective and Christine Cooper on employment ADR in general, and Stephen Hochman's comments on bar association sponsored commercial arbitration and model dispute resolution provisions for commercial agreements. Also notable is Tom Arnold's discussion of how to avoid delay and other arbitration booby traps and a similar piece by Ronald Sturtz. This may suggest, correctly, that the bulk of the materials address arbitration, but their are several briefer pieces that also present other forms of dispute resolution effectively as well.

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Bunker, Barbara Benedict, Rubin, Jeffrey Z. and Associates, Conflict, Cooperation and Justice: Essays Inspired by the work of Morton Deutsch, Jossey-Bass Publishers, 350 Sansome St., San Francisco, CA 94104 (478pp $39.95 1995)

Book review by James B. Boskey

Morton Deutsch is one of the names to conjure with in the conflict and dispute resolution field. A social psychologist, who trained originally with Kurt Lewin, he, and his former graduate students, have been amongst the leading contributors to our understanding of the social psychology of conflict.

When Professor Deutsch retired from Columbia University Teacher's College, his former graduate students sought some appropriate way to honor him as he moved into the next phase of his life as a scholar and researcher. Not wanting to simply offer reports on his past accomplishments or on the current research that he has inspired, they came up with this volume which looks to the future direction of the areas which he has studied. Selected former graduate students were invited to write on the directions in which these fields might develop in the future and to set forth preliminary research agendas for those fields. Professor Deutsch was then asked to comment on the resultant articles, and it is those articles and comments which make up this volume.

Professor Deutsch's work can be seen as having focused on three major topics over time. He began his career by examining conflict and the ways in which conflict develops and is managed in interpersonal and intergroup relations. He then, based on the learning he developed in this area, began to examine cooperation and the factors that lead to individuals, organizations, and groups selecting cooperative rather than competitive strategies, looking especially at the issue of whether the cooperative state is as fragile a one as had often been posed by political philosophers. In a final stage of his career, Deutsch began to examine questions of Justice, drawing clearly, perhaps for the first time, the distinction between procedural and substantive (distributive) justice. These three topics provide the basic themes for the papers presented in this volume.

Overall, the papers offered here range from the excellent to the very good, but there is an unevenness which appears to be related to the topics covered as well as the research and analytical skills of the authors. In the conflict area, the first two papers: Rubin and Levinger on the question of whether information about conflict management on the micro level can be generalized to other levels of conflict and Guy Faure's masterful examination of cultural bias in conflict analysis are major contributions. Pruitt and Olczack provide interesting, though less original work on intractable conflicts, and Raider provides a well written but less than theoretically exciting analysis of conflict training in the schools. On the topic of cooperation, Lewicki and Bunker provide real insight into the nature of trust, a fundamental concept in conflict and cooperation analysis, while Vanderslice and the Johnsons provide interesting, but less useful work on cooperative learning and the survival of worker cooperatives. The justice area is the weakest of the three. Folger et. al. do a workmanlike job of elaborating the equity-equality distinction which is the basis of much of Deutsch's work in this area, while Tyler and Belliveau similarly develop the concept of perceived fairness with clarity although less originality than might be desirable. Fine and Wong attempt, rather unsuccessfully, to generalize from their study of women's response to their experience at the University of Pennsylvania Law School, a study whose flaws have been widely discussed in the legal community. The only truly first rate paper in this are is Susan Opotow's which elaborates, without noting this, on Hannah Arendt's work on social categorization in the context of genocide, but provides a number of useful insights in so doing.

Overall the volume is well worth reading. The theoretical papers generally provide valuable insights into the directions in which research must proceed for a serious understanding of the topics considered. Even the lesser papers, however, are well written and will repay study. Professor Deutsch's comments are generous, but well taken.

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Cornelius, Stella, Building the Conflict-Resolving Community: The Tasmanian Peace Trust 1994 Lecture, The Conflict Resolution Network, P.O. Box 1016, Chatswood, NSW 2057, Australia (38pp 1995)

Book review by James B. Boskey

Stella Cornelius is one of the leading lights in both the theoretical and practical development of dispute resolution in Australia and around the world. In this lecture she reviewed the development of the Conflict Resolution Network, which she cofounded, and puts its work into context, both for the dispute resolution community and for the community at large. For anyone who would like to know more about the development of this area or who has an interest in the sociology of professionalism as it applies to dispute resolution, this is a mandatory read. There is little here on disputing or dispute training theory, but a wonderful introduction to community building.

* * *

Brown, Laura Ferris (compiler), International Arbitration Kit: A Compilation of Basic and Frequently Requested Documents (4th Ed.), American Arbitration Association, 140 W 51st St., New York, NY 10020-1203 (400pp $65 [$55 members] 1993)-available with Survey of International Arbitration Sites for $75 [$65 members].

The International Arbitration Kit is best described by its subtitle: A Compilation of Basic and Frequently Requested Documents. Compiled by the Chief Librarian of the American Arbitration Association at their New York Headquarters, it offers a collection of fundamental documents relating to international arbitration and a series of reading lists about most of the documents.

The volume is divided into eight chapters. They cover, respectively: International Arbitration Conventions, Bilateral Commercial Treaties and Investment Treaties of the United States, United States Law Pertaining to Arbitration, Foreign National Arbitration Laws, UNCITRAL, Rules and Procedures, Inter-Association Arbitration Agreements of the American Arbitration Association, and Arbitral Institutions Active in International Commercial Arbitration. In some chapters the text of the documents is included, while in others summaries of relevant provisions are offered.

This is a basic research volume which will be of use to any library which deals with international arbitration questions involving the United States. It is very much US oriented, but given that limitation, provides a quick reference for finding the answers to many of the questions that may be posed. It is not, in most areas, a substitute for the primary sources, but rather a reference librarians resource for directing readers to the appropriate original documents.

* * *

Boskey, James B., McCabe, Douglas M. and Jennings, Stephanie, Taking Stock: Proceedings of the 20th Annual International Conference-Society of Professionals in Dispute Resolution, SPIDR, 815 15th St., NW, Suite 530, Washington, DC 20005 (106pp $15 non-members $7.50 members 1993)

Book review by James B. Boskey

As a matter of regular practice I do not review books to which I have contributed as an author or editor. I would merely note that this volume is a selection of edited papers from the 1992 SPIDR annual conference.

* * *

Center for Public Resources, ADR for Utility Business Disputes, Center for Public Resources, 366 Madison Ave., New York, NY 10017-3122 (44pp $25 non-members, $12.50 members 1993)

Book review by James B. Boskey

The Center for Public Resources continues to publish some of the most useful industry specific materials for ADR available from any source. About a year ago they published an excellent volume of the resolution of public utility disputes focusing on the regulatory issues and governmental relations. With the current volume, they have expanded that focus to examine other kinds of business disputes in which public utilities are involved and alternative dispute resolution techniques that can be used in resolving such disputes.

Like other businesses, and perhaps more than most, utilities are involved in a wide range of contractual relations, many of them reflecting long-term relationships on matters of substantial import to the functioning of the corporation. While most such business contracts function as designed, it is inevitable that a certain proportion of them will present problems requiring some means of dispute resolution. While the courts are always available, at some level, to deal with such disputes, it is clear that alternative means of resolution will most often be preferable to litigation.

After introducing the topic of agreements in the utility industry, the authors of this volume provide an introduction to the most commonly used forms of assisted negotiation in the industry, mediation and the mini-trial. In addition to providing a brief description of each process, they evaluate the process, showing the advantages and disadvantages that it poses and providing one or more examples of the way in which it has been used successfully to resolve particular disputes. They follow this with a brief description of other consensual dispute resolution processes, including advisory opinions, neutral factfinding, and non-binding arbitration, and offer views on the selection of neutrals and factors which determine the suitability of a particular dispute for such processes.

This is followed by a description of adjudicative ADR processes: binding arbitration and private judging. Again each is described and the advantages and disadvantages of each process discussed. This is followed by a section on regulatory considerations and a brief description of types of dispute resolution clauses.

The volume is supplemented by appendices including the preface to the CPR report on construction disputes, a glossary, sample clauses, and the like. Overall it provides a concise, very clear and focused, and convenient introduction to the use of dispute resolution techniques in an industry where the need for their use is especially clear.

Center for Public Resources, Judge's Deskbook on Court ADR, Center for Public Resources, 366 Madison Ave., New York, NY 10017-3122 ($35 130pp 1993)

Book review by James B. Boskey

The Judges Deskbook on Court ADR was developed for a conference of federal judges held at Harvard in November, 1993, co-sponsored by the Center for Public Resources, the Federal Judicial Center, the ABA Litigation Section, and Harvard Law School. The purpose of the conference was to introduce federal judges to the uses of ADR, especially in the context of the Civil Justice Reform Act of 1990, and to improve their skills in the implementation of ADR programs in their courts.

The conference manual consists of six parts. The first part: ADR Processes, introduces the range of ADR processes that have been widely used in court-annexed settings, and for each of the major categories-mediation, arbitration, early neutral evaluation, and summary jury trial, provides a definition and description of the process, information about selecting appropriate cases for use of the process, and a summary of benefits and concerns about its implementation. Additionally, this section describes briefly other processes, introduces private, non-court annexed dispute resolution, and offers a set of definitions of basic terminology.

The second section provides a set of guidelines for designing and operating court ADR programs and a set of charts of types of ADR currently in use in the federal district courts. The guidelines are concise and clear, and while they do not provide an implementation map, focus well on the major issues that will arise in program development. The third section looks to case management aspects of ADR, providing a framework for determining which cases should be referred and when. Again the article offered is brief but well focused and useful.

The next two sections of the volume are resource collections. Four policy papers are offered: CPR's statement of Concerns and Principles Regarding Court-Related ADR, the executive summary of the IJA (Institute for Judicial Administration) paper on National Standards for Court-Connected Mediation Programs, and excerpt from the SPIDR report on the same subject, and Carrie Menkel-Meadow's Alternatives article on Professional Responsibility for Third-party Neutrals. These are followed by a bibliography on court ADR.

The final section offers the small group teaching materials used in the program. My copy only had the first of these-a very well designed set of facts on which to base a discussion of program design. I, therefore, cannot comment on the other papers on case referral and case handling after ADR.

Overall, this is a very competent introduction to the subject of court-related ADR. It would make valuable reading for not only the federal judges to whom it was directed, but also state judges and court administrators who are also likely to be called upon to implement such programs.

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Chiariello, Michael, Gan Barry L., and Christian, Thomas F., eds., Dispute Resolution into the '90s: New Partnerships, Enhanced Techniques and Emerging Markets-Proceedings of the Peace Bridge Conference, Siena College Peace Studies Program, CDRCP, Box 7039, Albany, NY 12225 (98pp $10 1993)

Book review by James B. Boskey

The Peace Bridge Conference was held in Buffalo NY on September 14-16, 1989 under the primary sponsorship of the Community Dispute Resolution Centers Program of the Unified Court System of the State of New York. After some extended delay, the proceedings of the conference have now been published, but unlike many such proceedings which are rapidly dated, these remain of real value.

This volume is a complete report of the plenary sessions and includes summaries, at various lengths of the 40 workshops presented at the conference. Amongst the plenaries, of particular note are presentations by Jeffrey Rubin on emerging opportunities in dispute resolution, examinations of ADR and lawyers by Joan Kelly and Stanley Chauvin, and a transcript of the roundtable, moderated in his usual superb fashion by Jim Alfini, on confidentiality issues. The reports on the workshops vary in length and detail-some offering the barest summary of events while others include detailed summaries of the presentations. Of especial note are the session on Justice and the Mediator by Michael Chiariello and Barry Gan and one on Dispute Resolution within ethno-religious groups with Newton Garver's examination of the Quaker approach to dispute settlement. Other papers examine non-union public sector labor disputes, credentialling, and a wide range of other topics of continuing interest.

The papers presented are well edited, and, at the cost, this is a volume that is well worth reviewing.

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American Arbitration Association, The American Arbitration Association Insurance ADR Manual, Shepards/McGraw Hill, P.O. Box 35300, Colorado Springs, CO 80935-3530 (508pp $85 1993)

Book review by James B. Boskey

As a matter of regular practice I do not review books to which I have contributed as an author or editor, and in this case I contributed Chapter 2 on negotiation. I would merely note that this volume provides deals with a wide range of ADR applications in the insurance industry.

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Edelman, Joel and Crain, Mary Beth, The Tao of Negotiation: How You Can Prevent, Resolve and Transcend Conflict in Work and Everyday Life, HarperBusiness, 10 East 53rd St., New York, NY 10022 (356pp $20 1993)

Book review by James B. Boskey

The Tao of Negotiation wins two awards: one for probably the best title of a negotiation book and the second for being perhaps the least valuable negotiation book published this year. The first indication of the nature of the book is in the cover biography of Joel Edelman, Mary Beth Crain appears to be simply a named ghost writer with no particular expertise in the area. The biography notes that "Joel has traveled widely and studied intensively with many spiritual teachers and transformational healers" and goes on to note that he is certified in "Holotropic Breathwork".

As that language in the biography suggests, Joel Edelman is one of the many people who confuse being a good person with being an effective negotiator. The overriding theme of this book is do good and avoid evil, probably good advice, but of little value in improving one's skills and effectiveness. Mr. Edelman also is a master of the pithy aphorism, in the Zen tradition, which appears to demonstrate wisdom, but in fact says little or nothing. A prime example of this is the second chapter of the book which is entitled "A Dispute Isn't a Dispute Until It's a Dispute". The title suggests that the reader is about to be exposed to an understanding of the nature of conflict or some information about dispute prevention, but instead it speaks to telling the truth as an absolute good and deals with matters such as "The 'Miracle' of Open Communications" which turns out to mean that telling the truth and confessing that one has lied can be good for the soul and sometimes lead the person to whom one has lied to forgive the error.

Overall, the Tao of Negotiation offers little sophistication in dealing with negotiation skills. While Mr. Edelman was one of the founders of the Los Angeles Neighborhood Justice Center in 1977 and has operated a private mediation practice since the early 1980s, he does not, at least from this book, appear to be aware of the massive recent developments that provide much more sophisticated understanding of negotiation and mediation process. Indeed, he appears unclear on the difference between mediation, as assisted negotiation, and unassisted negotiation and the differences in approach that may be required for effectiveness in these areas. Unfortunately, this volume has received wide distribution around the country. While it will not, most likely, directly harm any of its readers, it is likely to lead them to believe that they have received useful insights and discourage them from more serious works that might really improve their skills.

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Bailly, Yvette, et. al., La Médiation (Mediation), Non-violence Actualité, BP 241, 45202 Monargis cédex, France (88pp 90ff 1993)

Book review by James B. Boskey

La Médiation is a very useful primer on mediation, in French, which combines the functions of instruction in the nature of the mediation process with serving as a manual for the training of mediators, especially for community and small claims types of disputes. Very unlike any similar manual published in the United States, it is made up of a collection of short articles written by different authors, interspersed with cartoons, diagrams, and other elaborating items.

The volume is divided into five chapters. The first chapter, entitled From Conflict to Mediation (Du Conflit á La Médiation) includes a glossary, and several articles on the nature of conflict and the place in conflict for mediation, Chapter 2 Defining Mediation includes articles on communication skills, the role of the mediator, a cute retelling of Little Red Ridinghood as each party and the mediator would see the story, various rules of mediation practice, etc.

The third chapter Societal Mediation looks crossculturally at mediation, with articles about various programs in France and elsewhere with attention to the factors that make each program effective. Chapter Four looks at different types of disputes that are subject to mediation with articles on school mediation, family and divorce mediation, mediation at work and in prisons, political and international mediation, and the like. Finally the fifth chapter offers a look at several traditional programs: African customary forms of dispute settlement, the Indian experience, Quakers, Mohawks, and, seemingly a bit out of place, the San Francisco Community Boards. Appendices list a few francophone organizations that deal with mediation in France, Switzerland, Belgium and Canada and a brief bibliography.

Generally this book would provide a good introduction to mediation for one who had limited familiarity with the field. The articles are short, easy to read, and informative. It could also provide enough information on which to base a training course in basic mediation.

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Crowley, Thomas E., Settle It Out of Court: How to Resolve Business and Personal Disputes Using Mediation, Arbitration, and Negotiation, Wiley Law Publications, Box 1777, Colorado Springs, CO 80901, (288pp $24.95 1994)

Book review by James B. Boskey

Thomas Crowley combines two personal traits, an exceptionally literate and clear writing style and extraordinary skill as a story teller, with a deep and carefully thought through understanding of the nature of the disputing process, to create an outstanding manual on how to resolve one's own disputes for both professional dispute resolvers and for those who are faced with a personal dispute that needs resolution. Drawing on historical, folklorical, and the daily news, as well as experiences from his own practice, he avoids the common tendentiousness of many such guides and offers one of the few such technical books that, like a good novel, is difficult to put down.

The approaches to conflict resolution that Crowley presents are not unique. After a story which explains the horrors that can result from an overcommitment to litigation as a means of resolving disputes and the way in which such a horror can be, through effective mediation, turned into a situation of mutual gain, he begins by exploring the emotional factors that influence the way in which individuals attempt to resolve their own disputes. He then turns looking at disputing as a form or ritual and discusses how the ritual features can be used to increase or decrease the hostility between the parties and the likelihood of reaching a successful result.

The following three chapters examine the "pure" negotiation process. He provides an excellent description of the proper approaches for negotiation planning, an acute analysis of the actual negotiation as theater and the use of effective tactical thinking to move the process forward, and a valuable introduction to the skills needed for breaking impasse. One of the most valuable features of this section, as with the entire book, is that Crowley does not make the common mistake of considering mediation as arising only out of the failure of negotiation, but rather treats it as an integral part of the negotiation process.

The book continues with more formal reviews of the mediation and arbitration process, interset with a brief chapter on the nature of settlement agreements. These chapters are adequate, but less effective than the earlier ones as they are merely descriptive of the processes rather than fitting them fully into the negotiation setting. The final two chapters look at the process of selecting an attorney, when appropriate, and maintaining ones own ethical standards in the face of a dispute situation.

Overall the first part of this book is as good as it gets on the nature of the negotiation process, and this alone should be enough to make it mandatory reading. The second part of the book is unfortunately weaker although still of some value.

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A.A. White Dispute Resolution Institute, 1994 Texas Registry of ADR Professionals, Texas Lawyer Press, Suite 1400, 400 South Record St., Dallas, TX 75202-4889 (480pp $49.95 1994)

Book review by James B. Boskey

Coming from a state (New Jersey) which likes to believe, contrary to most factual evidence, that it is a leader in dispute resolution, it is always extremely impressive to discover how far other states have come in developing both public and private dispute resolution systems. Texas is in fact one of the leading states in the nation in this regard, and the publication of this first of contractually a five year series of annual registries and the fact that copies will be provided without cost to all members of the Texas judiciary, is ample evidence of that.

For anyone who is planning a state or local directory, this is a model of what such a volume should offer. After some brief introductory material, it lists all known professional dispute resolvers in the state by geographic area. Each listing includes the name, address, phone, profession, training, type of services offered, and areas of professional specialization. The listings are broken down into ten geographic areas, with the listings alphabetical within each area. This is followed by one page professional profiles for many of the listed individuals, apparently based on their payment for the privilege, and indexes by name, profession, and area of professional specialization.

If you ever need to find a dispute resolver in Texas, this is quite simply the source. While the listings may expand over time, the information needed for preliminary selection of a neutral is all here.

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American Arbitration Association, Arbitration & The Law 1992-93: AAA General Counsel's Annual Report, American Arbitration Association, 140 W 51st St., New York, NY 10020-1203 (346pp $50/$35 members 1994)

Book review by James B. Boskey

The AAA General Counsel's Report is an important annual resource covering a wide range of issues in dispute resolution. As always it provides an overview of developments in the field with a combination of case digests, commentaries, legislation, rules, and recent developments.

The volume is organized topically beginning with commercial arbitration which is further divided into general, construction, insurance and medical malpractice, and securities. Case digests appear in each of these areas of important cases affecting the process and several commentary articles, typically brief but well focused, address recent developments such as jurisdictional issues, document discovery, and arbitration of title insurance disputes. The section on labor arbitration is quite brief, but international arbitration gets extended coverage with a number of case digests, five commentaries, and a review of recent legislative, rule and other developments in 18 countries as well as those affecting ICSID, the Permanent Court of Arbitration, and the Inter-American Convention.

The legislation section of the report deals with NAFTA, 5 federal statutes, one house resolution, and the regulations promulgated under the Administrative Dispute Resolution Act, as well as developments in 13 states and Guam. Finally, the new rules and procedures section presents new AAA rules on complex disputes, professional accounting services disputes, securities arbitration, employment disputes, Ombudservice, and the review board procedure in the construction industry as well as a french translation of the AAA International Arbitration Rules.

The text is supported by a general index, table of cases, and statutory and jurisdictional index as well as a list of AAA offices and Legal Committees.

* * *

Enstone, Margaret, NEST Directory of Environmental Networks (2d Edition), NCVO Publications, Regents Wharf, 8 All Saints St., London N1 9RL, England (43pp 5.50 1992)

Book review by James B. Boskey

The NEST Directory is designed to encourage cooperative efforts amongst or between voluntary environmental organizations. The organizations listed are mostly local environmental forums dealing with a wide range of issues. For each of the 75 organizations in the main list contact information, meeting information, resources available, and the like is listed. All are located in the British Isles, with the majority in England, but a sprinkling of Welsh and Scottish groups. Also included is information about a few other organizations that are thought to exist, but which could not be confirmed.

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Albrecht, Karl and Steve, Added Value Negotiating, Business One, Richard D. Irwin, Inc., 1333 Burr Ridge Parkway, Burr Ridge, IL 60521 (177pp $25 1993)

Book review by James B. Boskey

Karl and Steve Albrecht are professional management consultants whose work has been largely focused on the application of total quality management in the service industry. Their book on added value negotiating is a solid example of the genre of negotiation training manuals that have become increasingly popular in recent years.

The idea of added value negotiating is basically one of creating added value through the negotiation process. The authors reject the traditional gamesmanship model of negotiating, but rather than simply adopting the win-win approach that has become accepted dogma, they expand on that approach by focusing on the need to create a variety of solutions to the issues presented by the negotiation and the expanding of the negotiation to increase the potential for the discovery of mutually advantageous results. This is in no way inconsistent with the win-win approach, but provides a useful elaboration of that method of dealing.

The book is well written and usable either in conjunction with a negotiation training seminar or for self study. There is not an attempt to break down the negotiation process into definitive stages, an approach which I applaud as it tends to mislead new trainees into spending too much time trying to figure out where in the process they are rather than paying attention to the subject matter of the negotiation. The examples are well chosen and clearly presented, and the authors do not make the common mistake of taking cases that are "too easy" and therefore fail to instruct nor of suggesting that every situation will in fact lead to a deal. The subject matter coverage is reasonably broad, and the discussion of negotiating styles and other correlative matters is well handled.

Overall this is a book that would be well worth considering for an intermediate or advanced negotiation training program. It may be a bit too intense for an elementary one, but that could be corrected by careful direction from the seminar leader.

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Byrnes, Joseph F., Managing and Resolving Conflict (stock #94022OR1), American Management Association, Educational Services, 9 Galen St., Chartley, MA 02712 (154pp $99.95 1986)

Book review by James B. Boskey

The American Management Association offers one of the most comprehensive sets of training materials of any professional organization. The two items reviewed here are examples of their independent study curricula. They are presented in attractive looseleaf binders, carefully printed and clearly presented.

Byrnes Managing and Resolving Conflict is a general course on the nature of conflict, especially in the institutional setting. It is designed for the practicing or future manager in a business or corporate setting and allows for self-paced study and self-evaluation of the learning process.

The course is presented in six segments. First, conflict in organizations is introduced and two models of conflict in the organizational setting are presented. This is followed by chapters on the categorization of conflict, resolution of structural conflict, resolution of interpersonal conflict, negotiation as an approach to conflict resolution, and politics as an approach to conflict resolution.

The text of the chapters is clearly written with moderate use of charts and extensive use of examples which are well selected to clarify the points made. In addition, several extensive case studies help to clarify some of the more difficult or complex concepts. Each chapter is supported by an "instructional programming" segment, which is a brief short answer, true/false test to allow the student to make certain that he or she understands the material presented. Also included are a brief bibliography, a first examination made up of short answer and true/false questions, a practice case to work out the issues presented, and a final examination case for submission to the AMA for grading and evaluation. Also included is a selected reading on leveling with employees.

The course is a quite sophisticated one presented in a relatively unsophisticated guise. A student who completes the self-study program responsibly and performs well on the test will have developed a substantial understanding of conflict and means of conflict resolution in a business setting and will substantially improve his or her management skills.

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Elias, Robert and Turpin, Jennifer (eds), Rethinking Peace, Lynne Reinner Publishers, Suite 314, 1800 30th St., Boulder, CO 80301 (380pp $48(h)$19.95(p) 1994)

Book review by James B. Boskey

Peace Review was founded in 1989 as a forum for short essays on peace subjects. It has attracted a wide range of international authors seeking outlets for creative thinking and writing on peace subjects without the usual formalities of a professional journal such as detailed citation to authority. As a result it has offered sprightly, entertaining, and thoughtful work by an exceptional group of thinkers.

Rethinking Peace is a collection of the best essays from Peace Review. The essays, which cover a wide range of ideas about and approaches to peace studies, are fairly brief, averaging about 5-10 pages, usually well written, and often suggestive of new and novel ways of thinking about peace as a potential state for the world. In general the essays reject the idea that war is a necessary correlate of human civilization and look for the factors that have led us to accept that war is a normal state. Unflinchingly optimistic, the authors entertain while promoting serious thoughts about the reconstruction of society and civilization.

There is little or nothing here of conflict resolution as the term is commonly used. Rather the issues addressed are political and cultural. Nonetheless, some of the ideas presented are potentially fundamental to thinking about the kinds of disputes that are addressed by more traditional conflict resolvers, and the optimistic tone supports the need for more cross-fertilization between the areas of peace studies and conflict resolution.

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Coulson, Robert, ADR in America, American Arbitration Association, 140 W 51st St., New York, NY 10020-1203 (128pp $19.95 (members $14.95) 1994)

Book review by James B. Boskey

Bob Coulson is known to most folks in the conflict resolution field as the immediate past president of the American Arbitration Association and as one of the most prolific authors and editors on conflict resolution topics. In this volume, he has collected twenty-five of his columns on a variety of dispute resolution subjects from the New York Law Journal, written over a period from the early 1970s through the early 1990s.

The articles collected here are typical of most of Mr. Coulson's writing. They are concise, pointed, written in clear direct language, and focus on practical questions of the ways in which the gospel of dispute resolution should be and is communicated to the larger community and the goals of peaceful resolution of disputes promoted in a wide range of settings. Topics covered range from the practicalities of mediation and arbitration in a wide range of settings, to fundamental questions such as mediator licensing, the teaching of dispute resolution in law schools, and the role of attorneys on the dispute resolution scene.

This book contains something for everyone with any interest in the dispute resolution movement and is development. Few if any can compete with Coulson in terms of knowledge of the field, and very few can take a topic and find its essence in a short essay as well as he can. While much of what he says in these essays has been elaborated by others in more detail elsewhere, a reading of this book will provide a good overview of many of the important questions that still remain to be fully addressed for conflict resolvers.

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Bureau d'audiences publiques sur l'environement, Prolongement de la côte du Passage à Lévis et réaménagement des accès à l'autoroute Jean-Lesage, BAPE, 625 rue Saint-Amable, Quebec G1R 2GS, Canada (75pp+map 1994)

Book review by James B. Boskey

The Bureau d'audiences publiques sur l'environement is an agency of the Province of Quebec, Canada, which evaluates public comment and conducts public hearings and mediations on environmental projects in the Province. This volume reports on the activities of the BAPE on a road building project in the town of Lévis. Three alternative proposals were considered for improving the traffic flow in a limited area of the town. The report begins with a description of the project with maps which clearly show the alternatives proposed and some of the factors which would influence the decision making process. It continues with an overview of BAPE's participation and then examines in detail BAPE's participation.

The public hearings and mediation proceeded over four sessions. The inquiry stage, the first two hearings, involved the presentation by all interested parties of information about the project and the refining of the issues that needed to be resolved for the project to proceed. Also involved at this stage was the clear identification of the range of interests and of the individuals who represented these interests. The mediation, which occurred primarily during the final two hearings developed agreed solutions to the problems presented which allowed the project to proceed. The description offered focuses more on the substantive decisions than the process used, but some of the process can be teased out from between the lines. This process is also aided by the appendices offered which provide much of the written material which was used in the process and identifies the parties and the details of the final agreement.

While from the academic point of view one could wish that the report had paid more attention to the details of the mediation process, this is a useful documentation of a highly structured public policy mediation process. It is also the first such report that I am aware of from francophone Canada, and as such provides important perspective on the growing use of the mediation process in non-anglophone areas of the world.

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Dubler, Nancy Neveloff and Marcus, Leonard J., Mediating Bioethical Disputes: A Practical Guide, United Hospital Fund of New York, 55 Fifth Ave., New York, NY 10003 (104pp $20 1994)

Book review by James B. Boskey

Bioethics in the hospital setting has moved in the past several years from being a largely retrospective process, analyzing completed cases, to a proactive one designed to protect patient rights and the rights of others in the health care system. In many situations, the process of making decisions on treatment and other issues has become a negotiation process, and like many such processes, especially in times of crisis, simple negotiation may fail to meet the needs of the participants. Various techniques have been used to improve that process, one of the best known being a program of training in "active listening", and these processes have, often begun to resemble increasingly classic mediation techniques. With the increasing acceptance of mediation in other areas, mediation is becoming increasingly an accepted, indeed a leading, technique for such process improvements.

Mediating Bioethical Disputes is derived from the experience of the bioethics program at Montefiore Medical Center in New York, one of the best known academic tertiary medical centers in the United States. Nancy Dubler, an attorney and Director of that program, in conjunction with Leonard Marcus of the Boston University School of Public Health, present a practical guide to the development and use of mediation processes in dealing with these questions.

Nancy Dubler begins with a chapter setting out background information about bioethics and reviewing several of the factors that have led to its increasing importance in recent years. She focuses on the issues of patients' rights and the nature of bioethics as a profession, pointing out its increasing importance in the developing managed care setting. Leonard Marcus follows with a chapter describing the reasons that medical ethics decisions involve conflict, describing the nature of the mediation process, and describing some of the ways in which that process can meet the specific conflicts raised in this context. Dubler then continues with a description of the Montefiore Bioethics Mediation Project, moving step by step through the decision making process that is used in determining whether a mediation process is appropriate and in implementing it if the decision is positive. She supports this description of their model with brief case studies on its implementation and a discussion of the selection process for mediators in the program.

Finally Ms. Dubler presents four model case derived from the Montefiore experience, each supported by a set of questions that the case raises. These cases provide a valuable basis for demonstrating the appropriate and inappropriate uses of the process and focuses clearly on the range of solutions, rather than one correct answer, that may exist. The cases are described as those of: "The Isolated and Angry Patient", "The HIV-Infected Baby", "The Ventilator-Dependent Brother", and "The Ventilator-Dependent Sister". Included as appendices are a case report form, a glossary, and a bibliography.

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Allen, Richard K., Dispute Avoidance and Resolution for Consulting Engineers, ASCE Press, 345 East 47th St., New York, NY 10017-2398 (83pp $20 1993)

Book review by James B. Boskey

The construction industry by its very nature is prone to large scale and complex disputes and has, as a result, long been one of the lead industries in promoting the use of dispute resolution techniques. Within that industry, the work of architects and consulting engineers is often central to such disputes whether or not they are parties to the underlying dispute resolution process, and an understanding of the reasons these disputes arise and the manner in which they can be resolved is essential for anyone active in the trade. In Dispute Avoidance and Resolution for Consulting Engineers, Richard Allen, an experienced engineer and attorney, examines the sources of many of the disputes that arise involving engineering and architectural services and suggests ways in which such disputes can be avoided or resolved with greater efficiency than through adversarial process such as litigation and arbitration.

The book begins with a hypothetical case describing many of the problems that can arise in the process of bidding and performing a design engineering job. It is so well written and so pointed that I found myself laughing out loud as I recognized many of the cases which I have dealt with implicitly in his description. Anyone who has spent any time in construction will be similarly amused, but also disturbed by his examples of how anything which can go wrong will go wrong.

From the hypothetical case, which is revisited throughout the book, Allen moves on to principles of dispute avoidance. He looks at business and personnel development practices, quality control, professional service agreements, and performance of services as potential problem areas and demonstrates both how problems arise and how they can be prevented. Occasional snatches of cross-examination which he includes provide both comic relief and a real understanding of how an attorney can make what seemed to be a minor deviation from good practice at the time into a major issue.

Unfortunately in turning to dispute resolution Allen's analysis while adequate is less informative than it might be. He deals with partnering, a new dispute resolution technique of increasing importance in the industry, in less than a page, and his descriptions of adversarial and alternative dispute resolution processes and negotiation are, while generally accurate, too brief to really inform the consulting engineer of the advantages and disadvantages of each of processes discussed. I would also note that I must seriously question his statement on page 66 that "An arbitration demand need not be answered since the liability claimed in the demand is considered denied in the absence of an answer." If he means that a full and detailed answer is unnecessary he is correct, but the implication that one need not file any responsive pleading at all is dangerous as it could lead to the arbitration proceeding without the presence of the respondent.

Overall, the book is well worth reading for the hypothetical alone, and the section on dispute avoidance also presents a number of valuable ideas. This is hardly the final statement on the subjects covered, but the comfortable writing style and good humor make it worth the reader's attention.

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Bureau d'audiences publiques sur l'environement, Rapport D'Enquête et de Médiation: Autoroute 55: doublement de la chaussée entre Bromptonville et l'intersection avec le chemin de la Rivière, Bureau d'audiences publiques sur l'environnement, 2e étage, 625 rue Saint-Amable, Quebec G1R 2GS, Canada (~75pp free 1993)

Book review by James B. Boskey

This Report of the Inquiry and Mediation regarding Route 55: doubling the roadway between Bromptonville and the intersection with the River Road is another in a series of reports by the Bureau d'audiences publiques (Office of Public Hearings) of the Province of Quebec. It provides a detailed report on the basic project and the process by which resolution of differences was accomplished. It follows through each stage of the involvement of BAPE from original inquiry through mediation and provides, in appendices, the relevant documents that were available in the process including maps of the project area.

While the discussion of the mediation process is sketchy at best, the volume provides a useful example of effective mediation in the public sector and demonstrates especially clearly the need for good information for a public mediation process to be effective.

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Bureau d'audiences publiques sur l'environement, La Médiation en environnement: une nouvelle approche au BAPE, Bureau d'audiences publiques sur l'environnement, 2e étage, 625 rue Saint-Amable, Quebec G1R 2GS, Canada (65pp free 1994)

Book review by James B. Boskey

The BAPE is responsible for carrying out hearings on environmental matters for the Government of the Province of Quebec. This responsibility is greater than it may sound as it includes dealing not only with what in the United States would be environmental impact statement issues, but dealing with the full social environment as well. Over the years of BAPE's existence, since 1979, it has increasingly made use of mediation as a technique to improve the quality and acceptance of its results and has developed its own, sui generis, model for the conduct of these mediations. This volume provides a history of the use of mediation by BAPE and the development of its model with an analysis of different types and settings for mediation and a critical analysis of its effectiveness.

The book consists of three chapters. The first chapter reviews the history of the involvement of BAPE in mediation. During the early years (1979-1985) the focus was almost exclusively on a hearing process, but from 1986 through 1991 mediation, formal or implicit began to play a larger role. In 1991 a new order from the Minister charged BAPE to focus its efforts on mediation, and mediation thus became the central approach, often combined with public hearings.

The second chapter addresses the model that BAPE has developed. As a public agency, they have a responsibility to assure that all interested persons are heard and all appropriate concerns taken into account. Also mediation in this context is mandatory for the participants and public in nature, which means that especial care must be taken in designing and implementing the process. They divide the types of mediations which they perform into three classes: preventative, formal, and administrative, depending on the context and stage of development of the particular project. Much emphasis is placed on the collection and communication of basic information to be sure that all participants can respond effectively to the process.

The third chapter looks briefly at the role of the mediator. Appendices expand on this and other topics and provide a bibliography. This is by no means a comprehensive study of mediation process, even within BAPE, but it provides a lot of good food for thought about public mediation processes.

* * *

Born, Gary B., International Commercial Arbitration in the United States: Commentary and Analysis, Kluwer Law & Taxation, 675 Massachusetts Ave., Cambridge, MA 02139 (1041pp $90(c)$65(p) 1994)

Book review by James B. Boskey

I tend to be somewhat suspicious of multipurpose books, Gary Born's new work being designed both as a classroom text for a course in International Commercial Arbitration and as a treatise on the law for practitioners, but in this case my suspicion was unwarranted. While the length of the book would make complete coverage unwieldy in a law school course, the materials are clearly usable for that purpose with careful selection on the part of the faculty member, and the work will be invaluable to the practitioner involved in handling cases in international arbitration or in dealing with such cases before the courts.

The work is comprehensive in its coverage of international commercial arbitration, and the mixed format allows the inclusion not only of treatise material but of carefully edited selections from leading arbitration awards and judicial decisions as well as the text of treaties, institutional rules, statutes, and the like (some in the text and others as appendices) which support and clarify the underlying text. Born writes clearly and his editing of the texts is impeccable while his notes on the cases clearly raises appropriate questions and places them firmly in the context of the surrounding law. The book is well supported by an excellent index, although the inclusion of a table of cases, statutes, and treaties would have been welcome.

The book begins with an overview of international commercial arbitration which, unlike some works in the field, is sufficiently detailed to be of real use. The difference between institutional and ad hoc arbitration and choice of law in arbitration are discussed on an introductory basis, and sources of information about such arbitration including treaties, United States and foreign statutes, and texts are introduced. The second chapter performs a similar function for the arbitration process, offering an overview of the process with a focus on the power of the parties to control the details of the process used.

With Chapter 3, on choice of law, Born begins the detailed analysis that characterizes the remainder of the volume. He includes, in addition to the text, the language of UNCITRAL and the ICC with regard to these issues and edited awards from several ICC cases dealing with these questions. Careful attention is paid to the difference between choice of law governing process and that governing substance.

The other chapters are similar in format. Chapter 4 addresses enforcement and interpretation of arbitration agreements (including inter. alia. selections from Prima Paint and Scherk and other cases), while Chapter 5 deals with recognition and enforcement of awards in the United States. With Chapter 6 Born begins to examine the role of US courts in the control of arbitral process: that chapter addressing selection of arbitral situs and Chapter 7 dealing with selection of arbitrators by the courts. Chapter 8 looks to provisional measures, both those ordered by arbitrators and the courts while Chapter 9 focuses on the special, but essential case of discovery and disclosure.

While the format of the book mixes textbook and casebook, in the area of international commercial arbitration this approach is easily justified and is effective for both the student and practitioner. This book will be valuable both as a law school text and on the practitioner's shelf, and would also be worth consideration for a specialized course in the business school context.

* * *

Crawley, John, Neighbours, Nuisance and Mediation: A Study for Hackney Housing, Conflict Management Plus, The Mill, 106 Station Road, Odsey, Bladock, Herts SG7 RR, England (61pp 1994)

Book review by James B. Boskey

John Crawley of Conflict Management Plus conducted this study, the first one known of in England contracted for by a local authority housing department to investigate the range of complaints of "neighbor nuisance" that exist in the community and the likelihood that a mediation program to resolve these complaints would be effective. The study involved a mail response survey of local tenants associations, other tenants, community groups, and other organizations, supplemented with face-to-face surveys of selected additional persons from the community. The report details the results of this survey with the following results. In addition it describes the nature of mediation schemes and makes recommendations as to how such a scheme could be implemented in Hackney.

The survey revealed over 100 different activities which were seen as causing neighbor nuisance, but far and away the most common complaint was of excessive noise. Interestingly only 15% of the respondents who complained to the authorities spoke to the neighbor who they saw as causing the problem before approaching the authorities and a large proportion felt that it was very difficult to restore friendly relations after a dispute.

In general very few people were happy with the way their complaints were handled and the outcome of their complaints regardless of who they complained to. Over 80% of respondents favored using mediation as a means of handling these disputes although there was a substantial fear that the process might, at least in some cases make the situation worse. Most respondents also were resistant to face-to-face meetings with their neighbors, preferring the idea of having an impartial mediator work with them on the problem and there was a strong feeling that enforcement mechanisms needed to be strengthened.

While the number of responses to the survey was limited, John Crawley has done an excellent job of deriving the maximum amount of information from a limited source, and his analysis and recommendations seem very well taken.

* * *

Duryea, Michelle LeBaron, Conflict Analysis & Resolution as Education: Culturally Sensitive Processes for Conflict Resolution: Training Materials, UVic Institute for Dispute Resolution, P.O. Box 2400, Victoria, BC V8W 3H7, Canada (135pp 1994)

Duryea, Michelle LeBaron, Conflict Analysis & Resolution as Education: Culturally Sensitive Processes for Conflict Resolution: Trainer Reference, UVic Institute for Dispute Resolution, P.O. Box 2400, Victoria, BC V8W 3H7, Canada (135pp 1994)

Book review by James B. Boskey

Michelle Duryea has become one of the leading experts on cross-cultural dispute resolution with her two books in the area and her active study of disputing in different communities. One of the fundamental points that she has made is that all dispute resolution techniques are culturally based and biased, and that the grand assumption that is often made by North American Dispute Resolvers that the generic mediation model is valid in all settings as a means of resolving disputes is simply and clearly incorrect. The mediation model assumes the values of confrontation and individualism, neither of which is universal, and other aspects of the model may make it less than useful even in communities which largely accept these assumptions.

Given this background, the question arises as to whether it is possible to train dispute resolvers with sufficient cultural sensitivity to overcome their cultural biases and provide appropriate services to those of different backgrounds. Duryea answers the question affirmatively, but makes it clear with these materials that such training requires conscious consideration of cultural factors throughout both the training of the mediator and the implementation of each dispute resolution effort. In order to be effective in cross-cultural or multi-cultural situations, the mediator must be prepared to reexamine his or her own values and adapt to the needs of the persons being assisted.

The package offered here is a comprehensive training program in dispute resolution for those operating in a multicultural setting. It encourages the team approach to dispute resolving so that there is always a check on the cultural assumptions of each dispute resolver, and focuses on the needs to recognize collectivist as well as individualistic approaches to understanding and dealing with disputes. The fundamental idea that is presented is that such dispute resolution must adopt an educational orientation that looks deeply at underlying problems and assumptions rather than one that merely examines the immediate sources of controversy.

The training model is divided into five units, each of them designed to engage the trainee for a full day. While it could be taught in a five day continuous session, the intensity of the program and the amount of both information and rethinking of personal attitudes that is required would make it more effective for the program to be offered over an extended time period with "time out" for reflection between each of the units. The volumes provide comprehensive information about the training to be offered, but some of the materials used need expertise from the trainer that cannot be obtained merely from reading the materials. For example, some substantial reliance is placed on the Myers-Briggs, which can only be administered by someone with specialized training.

The first unit addresses primarily cultural and personal assumptions and values. The second looks to trust building, active listening, questioning and issue reframing, while the third introduces the concept of the third party intervenor and that person's role. Also in the third session, the CARE (Conflict Analysis and Resolution as Education) concept is introduced and developed. Unit four uses a series of roleplays to elaborate the ideas that have been introduced and to assist in the development of flexibility and further cultural sensitivity on the third party's part, while the final unit addresses the expression of anger, issues of power balancing, and ethical concerns. The training manual provides a useful annotated bibliography and supplementary materials which will help the trainee to continue to explore the issues raised in the training after it is complete.

This is a very impressive training package. Unlike much of the training material which I see which oversimplifies the disputing and dispute resolution process to encourage the trainee to believe that he or she has received all the needed answers and techniques as part of their training, this program recognizes the complexity of the dispute resolution process and helps the trainee to utilize that complexity for the benefit of his or her clients. The exercises are well thought through and fit together to create a program of real value. The trainer reference provides the usual practical information, but more importantly provides a serious philosophical orientation to the ideas behind the program which will encourage each trainer to implement them emphasizing their own training strengths.

* * *

Bardonnet, Daniel, The Peaceful Settlement of International Disputes in Europe: Future Prospects, Kluwer Academic Publishers, P.O. Box 358, Accord Station, Accord, MA 02018-0358 (704pp $215(h) $155(p) 1992) [7/93]

Book review by James B. Boskey

The Academy of International Law at the Hague in Holland is one of the great academic institutions of the world. Located at the Peace Palace, also the home of the International Court of Justice, its programs consistently attract the leading scholars in international and comparative law, and there are few major scholars in these areas who have not studied or taught at one or more of its programs. It comes as no surprise, therefore, that when the attention of the Academy turns to dispute resolution the results are extraordinary.

On September 6-8, 1990, the Academy sponsored a conference on the peaceful settlement of international disputes in Europe, with a subtitle of Future Prospects. Attendees at the conference consisted of a who's who in international law, including academics, judges, ambassadors, and administrators from major international non-governmental organizations and national ministries of foreign affairs and their equivalents.

The presentations at the conference were divided into three sections. The first, dealing with disputes likely to arise involving European states, dealt with subjects ranging from boundary issues, investment and environmental disputes through human rights questions, ethnic issues and drug control. The second section examines the ways of settling disputes which arise. B. Godet, from the Swiss Department of Foreign Affairs, examines good offices, mediation and conciliation, while several authors look at arbitration, interstate, commercial and UNCITRAL, the application of various treaty regimes, and international courts. Another group of papers in this area deal with the problems of integrating the Eastern European nations into existing systems. The Third section of the Conference dealt with the CSCE (Conference on Security and Cooperation in Europe) and its potential to assist in or implement systems of dispute resolution.

The papers are outstanding in both the extent of their coverage and in the depth of their analysis. As is usual for Academy conferences, the Conference was bi-lingual (French and English) and the papers are presented here in their original language. Although no translations or summaries are offered, their is ample material in each language to repay the study of the reader.

* * *

Dolphin, Laurie and Ben, Neve Shalom/Wahat al-Salam: Oasis of Peace, American Friends of Neve Shalom/Wahat al-Salam, 121 Sixth Ave., Suite 502, New York, NY 10013-1505, or Scholastic Inc., 730 Broadway, New York, NY 10003 (48pp $14.95 1993) [7/93]

Book review by James B. Boskey

Most of the regular readers of this newsletter are at least generally familiar with Neve Shalom/Wahat Al-Salam, the peace village in Northern Israel where Arab and Jewish families live together and promote peaceful coexistence between members of their respective cultures. This book, designed for children from about ages 7-12, describes the new school program organized by the village for non-residents and introduces two of its original participants, a Palestinian and a Jewish boy. Written by Laurie Dolphin and illustrated with exquisite photographs by Ben Dolphin, it being by introducing the two boys, their homes, and their families along with a very brief look at Israel the nation. The experience of each of the boys as they come to the school, meet each other, and gradually become friends is presented in clear, age appropriate text. The emphasis is on the process the boys go through learning about each others ways. This is a wonderful way to introduce children to the ideas of cultural difference and the fact that such differences do not mean that communication is impossible. It does not make things too easy, the boys speak arabic and hebrew respectively and must learn each other's language to communicate, but it shows clearly the benefits of the process.

* * *

American Arbitration Association, A Guide For Commercial Arbitrators, American Arbitration Association, 140 W 51st St., New York, NY 10036 (31pp 1993) [7/93]

American Arbitration Association, A Guide For Construction Industry Arbitrators, American Arbitration Association, 140 W 51st St., New York, NY 10036 (31pp 1993) [7/93]

Book review by James B. Boskey

These two pamphlets, which are identical except for the difference in name, the inclusion of one slightly variant form, and the color of the printing ink, each provides a useful introduction to the American Arbitration Association's arbitration process. It addresses some general questions that are likely to occur to arbitrators, such as how to maintain their biographical data, and also discusses, in general terms, the forms used for AAA hearings and basic approaches to running an effective arbitration. There is little here for the experienced AAA arbitrator, but for the new arbitrator, or the experienced arbitrator dealing for the first time with AAA procedures, the Guides will be quite useful.

* * *

Duryea, Michelle Le Baron, and J. Bruce Grundison, Conflict and Culture: Research in Five Communities in Vancouver, British Columbia, UVic Institute for Dispute Resolution, P.O. Box 2400, University of Victoria, Victoria, BC V8W 3H7, Canada (277pp 1993) [7/93]

Book review by James B. Boskey

Canada in general, and British Columbia specifically, have, in recent years been paying increasing attention to problems of multiculturalism. As new immigrant populations have begun to play an increasing role in society, it has become clear that it is important both that existing institutions adapt themselves to meet the needs of these new immigrants and that new institutions develop to assist them in integrating themselves into Canadian society. (Would that the United States was as forward looking.)

Michelle Duryea, the research director of the Multiculturalism and Dispute Resolution Project of the UVic Institute for Dispute Resolution has, since 1990, been conducting research on conflict resolution in a multicultural setting. Her first publication from the project was a bibliography on the subject, reviewed several issues ago, and with this volume she begins to report on the findings of field research in this area.

Before turning to the substance of the research, I want to point out the importance of the questions that Ms. Duryea is addressing. The study examines five immigrant communities in lower British Columbia: Chinese, South Asian, Latin American, Vietnamese, and Polish, and seeks to determine the nature of the conflicts that their members experience in British Columbia and the effect of their cultural background on their approach to dealing with conflicts. Additionally, it looks at traditional methods of conflict resolution in these communities, transitional approaches to resolving conflicts in the movement from traditional to Canadian attitudes, and suggestions by the members of the community as to means that could be used to improve their effective integration into the community. It is important to note that this latter phrase does not mean, as it so often does in the United States, their surrender of their own culture, but rather the mutual development of accommodations by both the community and the larger society.

The primary element of the research consisted of a series of structured interviews with selected members of each of the communities in question. These interviews were wide ranging, but several themes appear to have commonly developed. The importance of the family was a common value in all groups as were difficulty in adopting to new language and customs. Several of the groups placed a high value on minimizing conflict, but this was not universal. Most groups felt that the current state of intergroup tension in British Columbia was relatively high (7 on a scale of 10), and racism was a general concern. Some quantitative material was collected in the interview process, primarily with the use of Goldstein's Conflict Management Inventory. The results were limited as language issues created serious difficulties for the researchers.

Interviews were also conducted with representatives of eight institutions which were identified by the informants as key parties to conflict situations. These included social service, education, immigration, police and other bodies as well as the Canadian Broadcasting Company. Generally these interviews suggested the need for increasing attention to be paid to meeting the needs of the new immigrant communities, especially with reference to services in their own languages, but the range of institutions was broad enough to make any real generalizations questionable.

Overall the research results are interesting, if not terribly surprising. The research provides, however, a useful basis for developing approaches to conflict management and conflict avoidance for these communities, and provides valuable information about their identities and concerns. The research report is well written and could provide a useful guideline for others wishing to examine similar questions in their own communities.

* * *

American Bar Association Section of Dispute Resolution, 1993 Dispute Resolution Program Directory, Section of Dispute Resolution, American Bar Association, 1800 M St. NW, Washington, DC 20036 (311pp 1993) [7/93]

Book review by James B. Boskey

The Dispute Resolution Program Directory is a listing, in book form of many direct service dispute resolution programs in the United States and Canada known to the ABA Section, except individual dispute resolvers. It includes 409 programs located throughout the North American continent, Hawaii, Newfoundland and Puerto Rico. For each program it provides an address and telephone number, a list of the type of dispute resolution services provided, the name of the director, community served, start-up date, annual budget, funding sources, annual caseload, types of cases, rate of case dispositions, referral sources, staff and training, program procedures, public relations, and comments.

In addition, appendices list a wide range of other programs with information about them. Included are professional associations and research organizations, the offices of the American Arbitration Association, Christian Conciliation Ministries, and Better Business Bureau, and other useful lists of organizations.

For anyone who is called upon to make referrals to dispute resolution services outside of their area, this volume is invaluable, and it will also be useful for those looking for contacts in other areas.

* * *

Craver, Charles B., Effective Legal Negotiation and Settlement (2d Ed), The Michie Co., P.O. Box 7587, Charlottesville, VA 22906 (381pp $50 1993) [7/93]

Book review by James B. Boskey

The new edition of Charles Craver's book on negotiation maintains the basic structure of the 1986 first edition, while expanding the amount of information provided and the detail with which much of it is covered. The book, which is designed specifically for the practicing attorney rather than the law student or general negotiator, continues to offer a very practical guide to negotiation technique paying less attention to general theory and more attention to the realities of negotiation practice than many of its competitors.

Some of the particular strengths of the book are its focus on nonverbal communications. Unlike many recent negotiation books which examine the subject broadly from a distance, Craver looks, in detail, at specific conduct and the messages that such conduct conveys. In the new edition Craver has recombined some of the elements that he discussed in the earlier edition so as to allow broader coverage and has expanded others, notably the section on nonverbal indications of deception which has been divided into several sections examining specific types of conduct.

Almost all of the book appears to have been rewritten, although the rewrite follows, to a large extent, the original outline. The sections on the phases of a negotiation have been expanded, while maintaining the unusual but useful breakdown that was posed in the first edition of treating the negotiation as moving from a competitive to a cooperative structure, a realistic approach that is rarely observed as clearly as this in the literature. The section on negotiation styles/tactics in the first edition has been retitled negotiation games/techniques, which reflects, more appropriately, the approach that Craver takes to negotiation analysis and been substantially expanded.

Overall this remains a valuable tool for the practicing attorney negotiator. Although Craver's background is strongest in the labor/management arena, the issues and approaches covered are general in nature, and the practical, how-to-do-it, tone will appeal to those on the front line.

* * *

Elgström, Ole, Foreign Aid Negotiations, Ashgate Publishing, Old Post Road, Brookfield, VT 05036 (179pp $59.95 1992) [7/93]

Book review by James B. Boskey

Unlike most of the works examining public international negotiations, Elgström has chosen to focus not on the large, highly public and hotly controverted subject of political negotiations, but on the quieter, though often equally important, subject of provision of foreign aid. Taking as the basis for his study the case of assistance provided by Sweden to Tanzania, he is able to concentrate on issues such as asymmetric bargaining and joint decision making without having the problems raised hidden by excessive attention to political questions which disguise the bargaining process.

Foreign aid negotiations are "peculiar" in that they often do not involve a clear exchange between the parties. While, in some cases, the donor nation is seeking a specific advantage-ie. right to install a military base or preferential access to markets, in general the benefits appear to be largely unilateral with the donor receiving little more than a sense of satisfaction and the development of good feeling between the states in question. As a result we would expect most such negotiations to be integrative rather than distributive in character, but this does not mean that the process is necessarily less coercive or conflictual than other bargaining processes.

The study begins with an examination of different approaches to analyzing the bargaining process. Advantages and disadvantages of four approaches used are described: the contextual approach, the power approach, the organizational approach, and the cybernetic-cognitive approach. This is followed by an description of the background and setting for the negotiations, looking especially at Sweden's foreign aid policy and organization.

The second half of the book applies the theoretical models to the actual situation. First Elgström surveys the first fifteen years of Swedish-Tanzanian development aid cooperation, and then he examines its application in two sectors: industry and water. He then applies the process characteristics to those experiences and offers an interpretation of the way in which the negotiation process operated in this context. Finally, he places these negotiations in a comparative perspective, dealing especially with human rights issues and the influence of national cultures.

The study is a unique and valuable one. It is well written and provides a useful perspective on the negotiation relationship over time in a situation of power imbalance where there is a serious attempt being made by the more powerful entity not to abuse that power.

* * *

Clarke, Stevens H., Valente, Ernest Jr., and Mace, Robyn R. Mediation of Interpersonal Disputes: An Evaluation of North Carolina's Programs, Publications Office, Institute of Government, CB 3300, Knapp Building, UNC-CH, Chapel Hill, NC 27599-3330 (84pp $15 1993) [7/93]

Book review by James B. Boskey

This study of the mediation process in North Carolina offers an evaluation of three of the state's nineteen mediation programs, focusing on mediation of misdemeanor cases involving interpersonal disputes referred by the district courts in three counties. The counties were matched, for purposes of the study, with three counties which lacked such programs, and over 1400 cases that met the criteria of eligibility for mediation were examined.

There was a substantial difference between two of the programs and the third. The Henderson County program was far more aggressive in its outreach for cases to be mediated, reviewing recent arrest warrants, meeting with disputants, and the like, and, as a result, dealt with a far higher proportion of cases through mediation than the other two mediation counties. As a result, the Henderson program appeared to be effective in diverting cases from the court, while the other two programs appeared not to substantially reduce the number of court hearings.

In general the programs were popular and successful, most parties liked the process, compliance with mediated agreements was very good-although not radically different than compliance with non-mediated agreements between the parties, and reaching an agreement increased substantially the degree of satisfaction with the judicial process-although it did not appear to matter greatly whether the agreement was reached with or without the aid of the mediators.

The report presents a very balanced and carefully analyzed evaluation of the mediation process in petty criminal cases, and while there are peculiarities to the North Carolina experience, they are not so great as to compromise the general validity of the results.

* * *

Ervine, Cowan, Settling Consumer Disputes: A Review of Alternative Dispute Resolution, National Consumer Council, 20 Grosvenor Gardens, London SW1W 0DH, England (47pp price not stated 1993) [7/93]

Book review by James B. Boskey

Settling Consumer Disputes is a very thoughtful analysis of the potential for and problems posed by the use of alternative dispute resolution in the resolution of consumer disputes. Drawing on the experience in both the United Kingdom and the United States, Ervine begins with a definition of alternative dispute resolution and then provides descriptions of the various mechanisms of ADR that are currently in use. The list is relatively comprehensive, and the descriptions are more detailed than is usual in a volume of this kind.

This is followed by an analysis of some of the objections that have been stated to the use of ADR from a consumer perspective. Ervine focuses on the work of Owen Fiss and E. Brunet, but includes useful evaluative issues raised by others as well. He proceeds to examine the consumer issues raised by ADR-specifically access, choice, public information, value, safety, and consumer representation, and finally looks to future developments with a recommendation that the Lord Chancellor establish several carefully monitored pilot projects to permit careful evaluation.

* * *

American Arbitration Association,Arbitration & the Law 1991-92: AAA General Counsel's Annual Report, American Arbitration Association, 140 West 51st Street, New York, NY 10020 (340pp 1992) [3/93]

Book review by James B. Boskey

The annual report from the general counsel of the American Arbitration Association is, despite its modest subtitle, one of the most useful annual resources. It provides a continuing update on developments in arbitration and alternative dispute resolution around the world in a convenient paperback format.

As usual the focus of the volume is on recent developments in arbitration with the primary element of the book being a collection of case digests, rule sets, and legislation affecting arbitration and related topics. The book is divided into five sections: commercial arbitration, labor arbitration, international arbitration, dispute resolution legislation, and new rules.

The first three sections offer digests of recent cases on arbitration, with the commercial arbitration section further subdivided into cases on general commercial, construction, insurance and medical malpractice, and securities arbitration. In addition each of these sections includes brief articles by members of the AAA staff on topics of interest, the commercial section including Robert Coulson on steps in persuasion and paying for win-win solutions, Michael Hoellering on novel arbitration issues and immunity of arbitrators, and Rosemary Page on the effect of the bankruptcy stay on arbitration. The labor section offers articles on compulsory arbitration of EEO disputes and on post-Gilmer decisions, while the international section includes articles on the drafting of AAA arbitration clauses, documentary discovery, and recent international cases. In addition, the international section offers summaries of recent foreign arbitration legislation and rules and of recent developments in arbitration in an international context.

The legislation section, somewhat misnamed, includes not only legislation on ADR, but executive orders, and summaries of administrative procedures relating to ADR in the federal government and the states. It also includes two articles: Babbin and Cox discussing arbitration and mediation of disputes under ADRA and Joseph Becker's call for a new federal arbitration act. Finally the rules section includes some minor changes in AAA procedures and a commentary by George Friedman and Carolyn Pena on rules for civil court crisis.

The focus of the volume remains largely on arbitration, and for those who maintain a serious interest in that field, it continues to be invaluable.

* * *

Bevan, Alexander, Alternative Dispute Resolution, Sweet & Maxwell, South Quay Plaza, 183 Marsh Wall, London E14 9QT, England (140pp 19.50 1992) [3/93]

Book review by James B. Boskey

Andrew Bevan, an English solicitor, has written a simple introductory book designed to provide basic information about the mediation process to lawyers and potential disputants. Despite the title, which suggests a coverage of the range of alternative dispute resolution mechanisms, this book, except for an introductory chapter which describes briefly the range of alternative dispute resolution mechanisms, is limited to the discussion of the mediation process. Mr. Bevan draws heavily on US sources for his information, although he places mediation clearly in an English context and strongly supports its adoption as a means of resolving a wide range of civil disputes.

After the introductory chapter, Mr. Bevan provides a general description of mediation as a technique and an analysis of legal and ethical questions posed by mediation. He then defines the lawyer's role as an advocate in a mediation setting, mediation from the client's viewpoint, and finally discusses the process of becoming a lawyer-mediator. A final chapter discusses the future of alternative dispute resolution, especially mediation, predicting that the process will be broadly adopted in England for a wide range of disputes.

Of especial note are the series of appendices included in the book. Included are private dispute resolution organization rule sets for mediation and arbitration, some draft ADR contract clauses, selected case histories, and some useful addresses including a list of members of ADR Net. Overall the book provides a concise, but generally useful introduction to the mediation process in a lawyering context.

* * *

Baruch-Bush, Robert A., Mediation Involving Juveniles: Ethical Dilemmas and Policy Questions, Center for the Study of Youth Policy, School of Social Work, University of Michigan, 1015 E. Huron St., Ann Arbor, MI 48104-1689 (31pp free 1992) [3/93]

Book review by James B. Boskey

This brief pamphlet presents a preliminary inquiry by Robert Baruch-Bush into some of the ethical dilemmas posed by parent-child mediation. Professor Bush conducted a series of interviews with experienced parent-child mediators asking them about ethical dilemmas which they had faced in their practice and the manner in which they had resolved those dilemmas.

Parent-child mediation presents special problems for the mediator because of the inherent inequality of bargaining power that is presented by the parties. Professor Bush notes the particular importance of effective mediation training for those involved in this form of mediation, not that it is unimportant elsewhere. He also identifies the issues which the mediators focused on as problems, which fell into six categories: confidentiality and reporting, separating mediation from counselling, directiveness, impartiality, voluntary consent to participation in the process, and detrimental reliance on the process. He offers some preliminary conclusions as to how these dilemmas could be met, but notes carefully that this is merely a preliminary study and primarily descriptive in nature.

* * *

Colosi, Thomas R. and Berkeley, Arthur Eliot, Collective Bargaining: How It Works and Why (2d ed.), American Arbitration Association, 140 West 51st Street, New York, NY 10020 (219pp 1992) [3/93]

Book review by James B. Boskey

Collective Bargaining by Colosi and Berkeley is one of the best written theoretical overviews available of the collective bargaining process in labor-management relations. Instead of approaching the process from the abstract viewpoint of attorneys looking at the governing law or from the viewpoint of labor or management negotiators, who tend to focus on the particular negotiation they are addressing rather than general principles, the authors combine their academic and practical experience to provide a clearly written, and remarkably balanced, overview of the collective bargaining process as it functions in real life.

The initial chapters of the book set out the framework within which collective bargaining proceeds. After a chapter setting out the reasons for the selection of a negotiation, rather than an election, process for resolving labor disputes, the authors detail the parties, the underlying philosophical differences of approach between labor and management, the subjects of bargaining, and the ultimate weapons that exist on each side. This is followed by a detailed, but clear and non-mathematical, presentation of basic bargaining theory as applied to a compound and complex negotiation process. The authors focus heavily on the negotiation that goes on within a negotiation team as well as the inter-team negotiations which often receive exclusive focus.

The third segment, and most extensive, segment of the book addresses in detail the negotiation process. Building on the theoretical insights of the prior chapters, this section begins with the formation of proposals on each side, and continues through each stage of the negotiation process, with examinations of tactics, style of presentation, accepted courtesies and the like. Interspersed with these chapters are others setting the external framework the surrounds the process such the process of ratification process and its effect on negotiations, legal limitations on the scope of bargaining, and special bargaining and settlement devices that may be available to the parties in specific situations.

Overall, this book provides one of the best introductions to the collective bargaining process that one could seek. A combination of this volume plus the novel Table Talk, reviewed in the previous issue of this newsletter, would provide an extraordinarily powerful introduction to the theory and realities of collective bargaining. While additional case material would be needed for a law school course, students exposed in this manner would end up with a far deeper understanding of what labor law is really about than is often provided by the basic course in that subject.

* * *

Bonafé-Schmitt, Jean-Pierre, La Mediation: Une Justice Douce, Syros-Alternatives, 6 Rue Montmartre, 75001, Paris, France (280pp 140ƒ 1992) [3/93]

Book review by James B. Boskey

J-P Bonafé-Schmitt, in his new book whose title is perhaps best translated as Mediation: A Gentle Justice, provides a broad overview of and introduction to the mediation process, drawing on an extensive knowledge of developments in both France and the United States. Written in clear and direct French (I say gratefully as one who has had limited opportunity to practice the language in many years), he provides descriptions of the different arenas in which mediation is currently used, a description of basic mediation technique, and some valuable policy analysis addressing the appropriate scope and the potential future of mediation.

The first six chapters provide an overview of current uses of mediation. In the labor area he begins by examining the parties typically involved in the negotiation process and then offers a look at the increasing use of mediation in France compared to the movement from arbitration to mediation in the United States. His subtitle for the chapter on public sector mediation "from imposition to negotiation" sets a tone for discussing the use of ombudsmen, prison mediation, and environmental mediation. He then addresses consumer mediation and judicial mediation, closing this section with chapters on neighborhood and family negotiation.

The second section of the book takes a broader look at generic questions in mediation. The lead chapter in this section- "Mediation: An Alternative Justice" deals with the concept of mediation as providing consensual and therapeutic dispute resolution and contrasts this approach with the traditional role of justice institutions. This is followed by two chapters on mediation techniques and a final chapter addressing the development of mediation as a movement and raising some of the more important questions that its implementation poses.

While this is a survey volume and much of the information offered, at least the descriptions of United States programs will be familiar to many readers experienced in the area, the book also provides many new perspectives even for the experienced mediation scholar. A valuable addition to the literature.

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Carns, Teresa, W., Resolving Disputes Locally: Alternatives for Rural Alaska, Alaska Judicial Council, 1029 W Third Ave, Suite 201, Anchorage, AK 99501-1917 (201pp free 1992) [3/93]

Book review by James B. Boskey

Taking community dispute resolution seriously requires taking seriously the development of an understanding of the origins and current status of the community in which a dispute resolution program is designed to operate. It also requires careful attention to the cultural makeup of that community and the utilization of culturally acceptable resources. In this study, commissioned by the Alaska Judicial Council, three well established Alaskan rural dispute resolution programs are analyzed and evaluated, not for purposes of criticism, but rather to determine what lessons they have to offer for the development of alternative dispute resolution in the state.

Alaska poses unique problems for the operation of traditional legal institutions. Communities are often remote and inaccessible, except by sea or air, and are both small and isolated enough to have limited contact with state institutions such as police and the courts. In addition, a substantial portion of the population of Alaska is made up of members of various tribal groups whose culture, values, and ways often do not fit neatly into standardized legal boxes. As a result the Alaskan courts have been responsive to efforts to develop appropriate means of accomplishing dispute resolution without recourse to the court system.

The three communities whose dispute resolution programs are reviewed here offer a broad spectrum of difference. Barrow, located on the northern coast of Alaska, is a mixed community, about 60% Inupiat Eskimo, 26% caucasian, and also hosts a large non-resident population of oil workers. Minto, in contrast, is an inland, riverine, community which is 97% Athabascan, while Sitka is the fourth largest community in the state with a 21% Eskimo/Amerind population. Unlike the other two communities, which have relatively traditional economies, Sitka has a substantially more modern employment base.

The three communities' dispute resolution systems are as different as the communities themselves. Minto operates a tribal court, which was re-established in its current form in 1985. The court, which generally has five judges, enforces a code of village regulations (ordinances) and deals with children's cases. In addition to judging the court provides counseling (by the judges) to the defendant after a plea or finding of guilt, which counseling is directed to encouraging the offender to return to the ways of the community and to help the village or families to meet their obligations. Despite the surface procedural formality, the court is really a counseling, dispute resolving entity.

The Sitka tribal court, established in the early 1980s, has been presided over by a single judge since its inception. The court places great emphasis on dealing with the needs of Tlingit children especially under the terms of the Indian Child Welfare Act. The court operates as a formal court, expecting and receiving full faith an credit for its judgements, but, through its single judge brings a great deal of traditional knowledge and law ways to its decisions.

PACT, a community conciliation service in Barrow, looks more like a traditional community dispute program. It was created on the inspiration of a local superior court judge who had visited the San Francisco Community Boards Program, and much of its operation is based on that model. It is a volunteer operated not-for-profit corporation, and its activities are focused on mediation in situations where all parties are willing to submit their dispute for resolution.

The report details and evaluates each of the three programs. One especially interesting feature is that none of the three programs has any substantial financial support from the community. The judge in Sitka receives a stipend of $200/month, but it appears that all other participants are unpaid. The cost of running the programs is minimal, and in general they appear to be effectively meeting many needs of their respective communities.

The report is especially notable for the quality of the research and writing it offers. The background materials are especially well done and the report as a whole sets a high standard as a comparative basis for other researchers in the area.

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DiPietro, Susan D., Alaska Child Visitation Mediation Pilot Project: Report to the Alaska Legislature, Alaska Judicial Council, 1029 W Third Ave, Suite 201, Anchorage, AK 99501-1917 (121pp free 1992) [3/93]

Book review by James B. Boskey

In December, 1990 the Alaskan legislature established a child visitation mediation pilot project which operated through November, 1991. This well written report carefully analyses the results of the project and recommends that the project not be reinstated in its original form, but recommends the development of a more extensive visitation mediation program. The report also contains a useful summary of the experience of five other statewide and two local mediation programs.

The program was very professionally organized and run with the mediators being carefully selected and well trained by a team from the Academy of Family Mediators (Ann Milne and Peter Salem). The problem with the project were the very serious restrictions placed on couples eligibility for mediation by the legislature. Under the legislative grant, couples with any history of domestic violence (whether or not there had been any litigation of the issue) and couples who did not have an initial visitation order were excluded from the mediation process. As a result, of the 475 calls that were received only 20 couples ended up mediating, 10 of whom where able to reach agreement.

The limited yield of appropriate cases led the Judicial Council to recommend that the program not be continued. They did, however, recommend a new program be attempted without the restrictions, seeing some evidence of the potential effectiveness of such mediation.

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Bidol-Padva, Patricia and Stroud, Nancy E., Managing Public Conflicts in Florida: A Guide to Collaborative Approaches, Florida Growth Management Conflict Resolution Consortium, 500 Miccosukee Road, Suite A, Tallahassee, FL 32308-4963 ($10) [3/93]

Book review by James B. Boskey

In 1985, Florida, the home of uncontrolled development, decided to take a new approach to growth management. Considering the history of the state, even some slight degree of control would have been radical, but the approach used was one that was uniquely forward looking. The passage of the Florida State and Regional Planning Act and the Growth Management Act moved the state from the rear to the front of the pack in many aspects of development planning.

One of the most radical features of this new approach was a mandate that collaborative decision making processes be used in the development of growth management plans. To assist in this process, the Florida Growth Management Conflict Resolution Consortium was established to assist in the implementation of these programs. This volume, jointly sponsored by that Consortium and the Palm Beach Countywide Planning Council, provides a guide to communities in Florida, and elsewhere, in the use of such collaborative techniques in resolving public disputes, especially those dealing with the planning process.

After an introduction to the nature and particular problems posed by public disputes and to the planning process in Florida, the volume examines a range of collaborative conflict management options. The options considered range from mediation and negotiation through the establishment of policy and problem-solving forums. Having set out these approaches, the authors then turn to assessing the dispute or potential dispute and developing a strategic plan for dispute management, including selecting appropriate mechanisms, implementing them, and gaining the involvement of the necessary parties as well as developing and implementing agreements that result from the processes. The focus is on maintaining a public forum for the discussions and working in the context of the obligation of public entities to carry out their work in public view. A final chapter offers seven brief case studies which demonstrate the potential effectiveness of the processes.

The text of the book is supported by extensive appendices which provide guidance for the implementation of the various processes in public fora. While this book alone does not provide all of the detailed information needed to implement a collaborative process, it succeeds quite well in its basic goal of demonstrating the usefulness and potential of the processes discussed. Appropriately supplemented with texts providing more detailed process information, it will serve admirably to introduce public officials and community groups to the concept and potential of collaborative decision making.

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Crawley, John, Constructive Conflict Management: Managing to Make a Difference, Conflict Management Plus, 47 Cranleigh Road, London N15 3AB, England (279pp 14-99 6 post and packing from publisher-credit card orders accepted 1992) [3/93]

Book review by James B. Boskey

John Crawley's Constructive Conflict Management is a very good work for either self-teaching or for conducting a seminar on intra-organizational conflict management. Clearly written, with useful and usable exercises and problem to work through, it overcomes my usual distaste for books that rely heavily on font changes, graphics, and bulleted lists by carefully selecting the points at which they are used and using them as supplementary to and clarification of rather than replacement for explanatory text.

The first section of the book looks at the nature of conflict and the problems of interpersonal relations and perception that can lead to the aggravation of conflicts in organizational settings. It encourages the reader to look internally at his or her own attitudes and to pay real attention to the attitudes of other parties involved in conflict situations.

The second section of the book sets out a series of conflict situations from dealing with bigoted behavior through group conflicts. Each example, they are all set in a fictional corporation that Crawley uses as a scenario, sets out the origins and nature of the conflict and suggests the ways in which conflict management techniques could assist in resolving the problem. The analysis is well done and broad enough to prevent the reader from believing that the techniques are only applicable to the limited situation.

The third section of the book looks at conflict management procedures, primarily mediation. In a series of chapters, the author takes the reader through the mediation process, using a nine stage description, demonstrating the roles of the mediator and the parties at each stage. A final chapter in this section discusses arbitration as an alternative approach in appropriate circumstances.

The book is as well done as any of the organizational conflicts books that I have seen. I was concerned that it might be too oriented towards English or British questions, but in fact the principles are drawn in general terms that will pose no barrier to an American reader.

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Cutrona, Cheryl, McCabe, Douglas M., and Wilkins, Wallace, Beyond Borders: 1991 Proceedings of the 19th Annual SPIDR Conference October 17-20, 1991, SPIDR, 815 15th St., NW, Suite 530, Washington, DC 20005 (174pp free to members 1992) [11/92]

Book review by James B. Boskey

The annual conferences of SPIDR always include a good deal of interesting material. The 1991 conference which was held in San Diego was no exception, and the proceedings provide an excellent collection of the presentations that were made there. In addition to the presidential address and keynote speech, 15 papers are collected here ranging in subject matter from a primer on anger for mediators through relevant factors and drafting elements in international arbitration clauses. Other papers of note address negotiation across cultures, grievance mediation, and issues in environmental and family business disputes. As usual, the papers contain something for everyone in the dispute resolution field and a useful subject index is also provided. If you are not yet a member of SPIDR, this volume alone should be sufficient inspiration to join up.

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Erickson, Marilyn S. McKnight and Stephen, The Children's Book ... for the sake of the children: A Communication Workbook for Separate Parenting after Divorce, CPI Publishing, 138 East Main St., Box 678, West Concord, MN 55985 (121pp $7.95 1992) [3/93]

Book review by James B. Boskey

A problem that often faces divorce and custody mediators is that of maintaining communication between parents with regard to issues affecting their children after the end of the mediation process ceases to compel the parents to communicate. While a fully successful mediation will often aid in relieving inter-parental communication problems, not every mediation is that successful, and for many parties the pain of dealing directly with the ex-spouse or co-parent is too great to allow for substantial open communication. Even where communication is generally good, a complex parenting agreement may be misunderstood in some respect by one or the other parent, or some issue may have been overlooked in the settlement process and need later resolution.

The Ericksons, experienced divorce mediators, have developed The Children's Book to address many of these issues. The book is intended to be carried with the children from house to house during parental visiting. While the book was originally developed for use by mediating couples, it is designed to be equally useful to any divorcing couple with children. Essentially it provides a means of recording the agreements between the parents with regard to the children so that later confusion does not arise, combined with some simple and direct homilies to guide the parties in separate parenting. In addition, an envelope is contained in the back of book so that messages can be easily passed in writing between the parents without making the children serve as active messengers.

The book provides opportunities to record a wide range of agreements, from parenting schedules, holiday schedules, school schedules and the like, through vacations, medical records, child care information, and birthdays. In addition the book offers special agreements for the parents on the proper ways of handling separate parenting, including addressing issues such as remarriage. This is a book which should be recommended to any parents who are divorcing. It will assist them is meeting the needs of their children and, if properly used, will substantially reduce the likelihood of interparental conflict due to lack of understanding. The price is reasonable and the service offered by the book of real value.

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American Arbitration Association, Drafting Dispute Resolution Clauses: A Practical Guide, American Arbitration Association, 140 West 51st Street, New York, NY 10020 (31pp free 1992) [11/92]

Book review by James B. Boskey

This brief guide by the American Arbitration Association begins to meet one of the basic needs of lawyers who have recently come to recognize the usefulness of various dispute resolution techniques for their clients. The traditional generic AAA arbitration clause is broadly applicable, but hardly meets the needs of sophisticated clients who are looking for a carefully designed dispute resolution system that will address the particular needs of their firm or industry, and does not address the wide range of dispute resolution mechanisms which are now available.

The clauses offered in this volume address many of the concerns that may face an attorney or other user of dispute resolution. Clauses are included that provide for mini-trials, mandatory negotiation, mediation, and med/arb as well as arbitration. Also included are clauses that can be used to modify these basic provisions on subjects ranging from consolidation of disputes, through number, nationality, and nature of arbitrator, to governing law, provisional remedies, and the like.

It is no longer sufficient for a contract draughtsperson to merely include a general arbitration clause and assume that that will solve all problems. While the clauses offered here are primarily designed to adopt the American Arbitration Association as administrator, they can be adapted to other administrative bodies as well, and while they do not cover all of the many options which exist, they suggest the range of solutions that are possible. Each of the proposed clauses is introduced by a brief description of its purpose.

* * *

Cooper, Charles A. (ed), Mediation and Arbitration: A Handbook for Attorneys and Their Clients, American Arbitration Association, 417 Montgomery Street, 5th Floor, San Francisco, CA 94104 (111pp $15 1991) [11/92]

Book review by James B. Boskey

This handbook is designed to provide basic information about mediation and arbitration to attorneys with limited or no experience in the field and to clients who want to develop a better understanding of these processes. It is focused on the services offered by the American Arbitration Association, and the selections included are brief, clearly written and to the point.

The Handbook is divided into two sections. The first offers 13 items providing some basic information about mediation and arbitration and most especially about the AAA. It includes question and answer segments on each of the topics and lists of AAA personnel, rules, and some statistics of AAA practice. The second section includes 12 articles by experienced practitioners primarily on mediation, with several articles on how to begin the mediation process and on mediation in specific subject areas. Also included are broader articles on dispute resolution in general.

Within its limited ambitions, the book is of some value. It will not substitute for more sophisticated volumes, but could be used to introduce the subject matter to a novice audience.

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Dignan, Jim, Repairing the Damage: An Evaluation of an Experimental Adult Reparation Scheme in Kettering, Centre for Criminological and Legal Research, University of Sheffield, 430 Crookesmoor Road, Sheffield S10 1FN, England (51pp 5.50 1992) [11/92]

Book review by James B. Boskey

In England much of the interest in mediation grew out of the development of criminal reparation schemes where those alleged to be guilty of crime agreed to compensate their victims. Thus it is no surprise that those involved in mediation in England also play an important role in such reparation schemes.

Jim Dignan of the Faculty of Law at Sheffield University has, in this monograph, provided a detailed evaluation of the activities of one such reparation scheme, in Kettering, Northamptonshire, during the 1987-89 period.

The Kettering scheme is somewhat unusual amongst English programs in that it involves both pretrial and postconviction activities. The offender, in selected types of offense, is encouraged to work out an agreement with the victim, either by direct negotiations or, if the victim does not want direct contact with the offender, with the victim's interests being represented by the Scheme. If agreement is reached the charge may be dismissed or penalty eliminated by the magistrate's court.

The report, which is clearly written, details the operation of the scheme and evaluates it by comparison with an adjacent area where such a scheme was not in place. Overall, the results are favorable, and the quality of the analysis provides real assurance of the scheme's effectiveness.

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Donohue, William A. and Kolt, Robert, Managing Personal Conflict, Sage Publications, P.O. Box 5084, Newberry Park, CA 91359-9924 (184pp $32.95(h) $15.95(p) 1992) [11/92]

Book review by James B. Boskey

It can be argued that many of the current rash of conflict resolution books start or end in the middle of the process and fail to examine the full range of ways to understand conflict and the various conflict management techniques that are available. While Donohue and Kolt do not cover the full range of options, they do not discuss third party decision making or physical violence, they provide a very useful look at a somewhat broader than usual range of conflict issues.

This volume is designed as a self-help book for training an individual to deal with the range of conflict situations that he or she may face in the normal course of life events. The focus is twofold: learning from conflict and managing conflict, and is effective in both of these areas. Roughly the first half of the book provides training for the reader in understanding and managing informal conflict situations. It begins by providing a basis for an understanding of sources of conflict and then deals with the question of when to confront or avoid the conflict situation. Where the decision is to confront the conflict, it offers useful approaches to allowing face saving and to issue structuring that will allow the conflict, in many cases, to be readily resolved. This section of the book uses lists of issues and self-administered questionnaires to assist the reader in clarifying his or he approach to conflict situations.

The second section of the book examines negotiation as a means of dealing with conflict situations. It provides a useful and easily worked with framework for negotiating, and deals most effectively with the use of and responses to the exercise of power in the negotiation context. Finally a discussion of the use of third parties to assist in the negotiation process is offered.

The book is exceptionally readable and effective in its presentation of approaches to conflict. While it is not a traditional academic text, periodic references to the conflict literature are used to allow the reader to examine the issues presented in more depth. The book will serve as an outstanding text for a training program in conflict management and can also be used by an individual effectively to learn these techniques.

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Davidson, Fraser P., International Commercial Arbitration: Scotland and the UNCITRAL Model Law, W. Green [Scotland], available from Carswell, 1 Corporate Plaza, 2075 Kennedy Road, Scarborough, Ontario M1T 3V4, Canada ($123.25can 1991) [11/92]

Book review by James B. Boskey

Scotland adopted the UNCITRAL Model Law on International Commercial Arbitration in 1990, substantially revising its existing arbitration law and, somewhat unusually, expressly making the provisions of the model law available for inland as well as international arbitrations at the discretion of the parties to an arbitration agreement. In this volume, Fraser Davidson provides a comprehensive analysis of the model law, looking not only to the statute itself, but at the travaux préparatoires, an understanding of which is essential to a full comprehension of the purposes of the law itself. He also places the model law in the context of the existing Scottish law of arbitration and of other international treaties, agreements, and arbitration rules which may influence the direction of scottish arbitration.

The body of the book, after an introductory chapter which provides background on the drafting and the enactment for Scotland of the model law is a detailed commentary on the text of the law. Each section of the law is reviewed in detail with reference to the travaux préparatoires and any existing Scottish case or statute law which may impact on the implementation of that section. The mandatory or non-mandatory status of each section is considered, and where appropriate the use of the courts is also taken into account.

The analysis that is provided is comprehensive, and the style of presentation is clear and direct. The commentary is, for the most part general in nature, and the portions of the discussion that relate specifically to issues arising under Scottish law are clearly designated. Therefore, this book will not only be an essential aid to those considering Scotland as a situs for arbitration, but the detailed analysis can provide a useful guide to those in other countries which have adopted or are considering the adoption of the model law as to the effect of such a decision or the appropriate manner for implementation of the law.

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Brady, Linda P., The Politics of Negotiation: America's Dealings with Allies, Adversaries, and Friends, University of North Carolina Press, P.O. Box 2288, Chapel Hill, NC 27515-2288 (269pp $32.50(h) $12.95(p) 1991) [11/92]

Book review by James B. Boskey

Linda Brady, a Professor of political science and Associate Director of the School of International Affairs at Georgia Tech, served as a defense advisor with the United States delegation to the failed negotiations on mutual and balanced force reductions that took place in Europe from 1973 through 1989. Her experience at those talks, and frustration at their ineffectiveness, led her to investigate the political factors that can assist in or prevent agreements from being reached in inter-nation negotiations. She begins with the premise that it is often not the substantive issues that are being negotiated that cause or prevent agreement, but rather the political factors that influence the process, and then provides an acute analysis of these factors.

Professor Brady identifies three different types of political settings that influence the process of negotiation: bargaining with allies, negotiating with adversaries, and dealing with friends and mixed relationships. From a theoretical standpoint, she attempts to merge the approaches of those scholars who treat negotiation as an art with those who see it as a science, recognizing both the universal truths that apply to all negotiation settings while identifying the special factors and circumstances that influence any given negotiation setting. She also emphasizes the importance, in international negotiation, of the internal political influences and constraints on each parties goals and strategies as well as the cultural and structural influences imposed by the international setting.

The bulk of the book consists of an examination by Professor Brady of six international negotiations involving the United States. For bargaining with allies she examines the wartime host nation support agreement between Germany and the United States and the negotiations over deployment of theater nuclear weapons in Europe. For negotiating with adversaries, she looks at the mutual and balanced force reductions and intermediate range nuclear forces negotiations with the Soviet Union, while for dealing with friends and mixed relationships she deals with negotiations with the arab states and Israel over logistical support in the Persian Gulf and NATO and the "out-of-area" question. In each case, after examining briefly the background for the negotiations, she evaluates the factors involved in: 1) the decision to negotiate, 2) the interests and objectives of the parties, 3) the negotiating positions, 4) bargaining and concession making, and 5) implementation (and, where appropriate, explaining failure).

The analysis of the negotiations that Professor Brady offers appear to be both accurate and acute. There are important lessons to be learned from the success and failures she describes as to the influence of various political structures and processes on the success of international negotiation processes. Unfortunately, Professor Brady is somewhat hesitant in drawing these conclusions and lessons, but the volume nonetheless offers a great deal of useful information.

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Astor, Hilary and Chinkin, Christine, Dispute Resolution in Australia, Butterworths, 271-273 Rain Cove Road, P.O. Box 345, North Ryde, NSW 2113, Australia($55australian 1992) [11/92]

Book review by James B. Boskey

Hilary Astor and Christine Chinkin, who teach the course in Alternative Dispute Resolution at the law school at Sydney University, came to the writing of this book as a result of their frustration at the lack of an Australian text for the teaching of their course. One can only regret that others' frustration has not led to such an excellent product, or our field would be overwhelmed with quality publications on every conceivable subject.

Although the book was originally designed for use by students in a course in alternative dispute resolution, the extensive coverage and intensive analysis of the various dispute resolution techniques that it offers will make it a valued addition to the library of anyone who is involved in the dispute resolution process in Australia or anyone from another nation who has a comparative interest in the implementation of such processes. It provides a comprehensive examination of the way in which such processes have been and are being incorporated into Australian life and the relationship between such processes and the Australian legal system. The documentation is extensive, the writing is clear, and the information offered is both accurate and complete.

After two introductory chapters which provide an introduction to ADR in Australia and a comparison between ADR and litigation as techniques of dispute resolution, Astor and Chinkin provide detailed analyses of the various processes with chapters dedicated to: negotiation, mediation, expert appraisal and arbitration, and hybrid processes. In addition to describing these processes, the authors provide detailed information on their use in Australia and the potential for their growth. This is followed by chapters on the use of ADR in the courts and the effect of ADR on the legal profession. A separate chapter deals with issues of mediator training, ethics and responsibility, and three important classes of disputes: family, discrimination, and international are addressed in detail in their own chapters. Finally, appendices offer dispute resolution clauses, rules for an expert determination process, and guidelines for solicitors who act as mediators.

The book is as good a survey of alternative dispute resolution practice and process as is available anywhere in the world. The only comparable volume is Nancy Rogers' work on mediation in the United States, and even that volume, as comprehensive as it is, deals with only one of the subjects covered here.

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Community Board Program, Starting a Conflict Managers Program (Revised Edition), The Community Board Program, 1540 Market St., Suite 490, San Francisco, CA 94102 (118pp $25 1992) [11/92]

Book review by James B. Boskey

The Conflict Managers Program created by the Community Board Program in San Francisco is a school (elementary or secondary) based program for the reduction of conflict in the schools. Students are trained to become conflict managers, offering help in reducing and resolving conflict to their classmates and other fellow students. The Community Board Program offers training in the establishment of such programs and also makes the model available to school systems and others through this manual.

The manual provides all of the essential information for the implementation of a conflict manager program. The first section, implementation steps, takes the program developer through the various stages from securing support for the program, teacher and student training, to the implementation and maintenance of the program. Each stage is divided into several steps and precise and detailed information is provided as to how they are to be implemented while offering sufficient flexibility to allow the program to be adopted to the needs of a particular school or school system.

The second portion of the manual addresses the bi-weekly meetings which are a major component of the program. They provide the opportunity for continuing evaluation of the program, offering additional training to the participants, and providing a forum where problems can be addressed. Again the manual sets out the basic standards for such meetings and provides models for their operation and for dealing with problems that may arise.

Finally, the manual provides, in its appendices, a comprehensive set of forms for the development and implementation of the program from sample parent permission letters (in three languages) through training outlines, evaluation, and schedule forms, to certificates of completion.

While there are alternative models for the development of school based conflict resolution programs, the Community Board approach is a proven one and this manual provides the information needed for its implementation. Even if an alternative model is adopted by a particular school, a review of this manual will provide useful ideas and procedures that can help to make the implementation of that program more effective.

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Eisler, Shelly and Kelly, Tina, Dispute Resolution in the Community: Needs for the Future, UVic Institute for Dispute Resolution, University of Victoria, P.O. Box 2400, Victoria, BC V8W 3H7 (70pp $12.15 1990) (7/92)

Book review by James B. Boskey

The effective marketing of any product or service is dependent on an assessment of the perceived need for and understanding of that product or service in the community and the most effective means of promoting the product or service in light of that perception of need. This applies no less to ADR services than any other kind of service, and one of the problems that has often been faced by providers involved in developing these services is a lack of information about this perceived need. The level and type of perceived need can be changed by appropriate techniques, including advertising, but, in order to tailor such advertising or other techniques it is also important to have this kind of information.

This study, by the UVic Institute for Dispute Resolution, was designed to acquire exactly this kind of information for the province of British Columbia. A two part study was conducted using "key informants" (justice organizations and service providers) and a random sample or residents of the province.

After an introduction to ADR and its development in the United States and Canada, the study reports on various results. Random sample respondents familiarity with the use of various dispute resolution techniques for resolving particular types of disputes are reported with a breakdown by gender. Key informant's views of the effectiveness of particular techniques for specific types of dispute were compiled as were respondents to the random sample survey who had experience with any of the dispute types. Key informants were asked about community education and the most effective forms of community education. While both groups were asked about community service needs.

The study was well conceived and well executed. It provides a model for those conducting similar studies in other service areas.

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Darling, Craig, In Search of Consensus: An Evaluation of the Calyoquot Sound Sustainable Development Task Force Process, UVic Institute for Dispute Resolution, University of Victoria, P.O. Box 2400, Victoria, BC V8W 3H7 (72pp $12.15 1991) (7/92)

Book review by James B. Boskey

Clayoquot Sound is an area on the west coast of Vancouver Island in British Columbia which is occupied by three native bands and the community of Tofino. It is also the home of one of the last sizable "old growth" temperate rain forests on the west coast of North America. In 1989 the Clayquot Sound Sustainable Development Task Force was appointed by the Province of British Columbia to resolve issues of land use and resource allocation in the area. It was intended to test the use of consensus building in the development of a strategy for sustainable development. It was a miserable and essentially total failure.

In this study Craig Darling, an attorney who was deeply involved in the Clayquot Sound Task Force Process on behalf of the community of Tofino, examines the reasons for the failure and draws lessons from it for the resolution of public policy disputes. He provides a reasonably detailed history of the issues presented and a detailed chronology of the activities of the Task Force. With this as background, he discusses the process in light of the theory of consensus building and explains the reasons why the process failed.

Case studies such as this are important and useful for those examining the consensus building process in public disputes. Too many people are only willing to report successes, but well documented process failures are often more valuable to the student or researcher. This is a well written and highly usable study of such a failure.

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Dobell, Darcy, Getting Together: A Symposium on New Ways of Resolving Natural Resources Conflict-Summary Notes, UVic Institute for Dispute Resolution, University of Victoria, P.O. Box 2400, Victoria, BC V8W 3H7 (61pp no price stated 1990) (7/92)

Book review by James B. Boskey

In July, 1990 the UVic Institute for Dispute Resolution of the University of Victoria in Canada sponsored a conference on New Ways of Resolving Natural Resources Conflicts. This summary note reports on the background of and papers presented at the conference, and is accompanied, in appendices, by the text of several of the presentations.

The papers attached include: James C. Waldo on The Challenge of Resource Peace, John Robertson on the role of the Ombudsman in New Zealand, and Norman Dale on Trouble in the UVIC Islands.

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Duryea, Michelle LeBaron, Conflict and Culture: A Literature Review and Bibliography, UVic Institute for Dispute Resolution, University of Victoria, P.O. Box 2400, Victoria, B.C. V8W 3H7, Canada (176pp $7.50can 1992) (7/92)

Book review by James B. Boskey

The subject of multiculturalism is one of especial importance in Canada, but one that is relevant to conflict resolvers anywhere in the world. The common assumption that a single mediation model, developed for a largely urban industrialized community, will be effective for individuals regardless of their cultural background, is one that has been seriously challenged by those who have worked in multicultural settings or with individuals from a range of personal origins.

Michelle Duryea's Conflict and Culture provides a superb introduction to these problems both through an excellent essay and a reasonably comprehensive bibliography on the subject. The essay, modestly titled a literature review, is in fact an intensely thoughtful analysis of the problems of conflict within and between cultures. Taking the viewpoint that conflict resolution systems should be designed to meet client rather than dispute resolver needs, Ms. Duryea presents a series of issues that need to be dealt with in order to allow that process to occur. She has read deeply in the literature and supports her viewpoints well from that reading, but, more importantly, she has integrated the principles she has derived from that literature into a complete and thoughtful view of the conflict resolution process. The essay, in sixty pages, presents a viable and useful agenda for the further development of dispute resolution in non-american majority situations.

The bibliography provided is also very useful. Organized topically, it draws on not only the alternative dispute resolution literature, but also the general literature on culture and society. Each item is accompanied by a brief (for the more important items not-so-brief) paragraph of description which will allow the reader to evaluate its usefulness. Indexes by author and title are provided as well. A subject matter index would have been useful, but is not essential because of the intelligent topical arrangement of the items discussed.

* * *

Cato, D. Mark, Arbitration Practice and Procedure: Interlocutory and Hearing Problems, Lloyd's of London Press, Sheepen Place, Colchester, Essex CO3 3LP, England (603pp 85 1992) (7/92)

Book review by James B. Boskey

Mark Cato in conjunction with Ian Menzies, who is listed as contributing editor, brings a wealth of experience in arbitration under British and Commonwealth law to the preparation of this volume. Unlike the usual treatise on arbitration, Cato does not attempt to provide a comprehensive survey of the law governing arbitration, but rather addresses himself to legal and procedural problems that may face the arbitrator in practice.

The topics discussed are grouped into 39 categories, arranged alphabetically from arbitration agreement through witness. Under each of the categories, Cato presents one or more hypothetical situations drawn from his experience as an arbitrator or from the results of a survey he performed of experienced arbitrators in which he solicited examples of problem cases that they had dealt with. The hypotheticals are often quite detailed, and the answer, in some cases, is dependent on a knowledge or understanding of the particular standard arbitration clause or rule set involved. Following each of the hypotheticals, Cato provides an analysis of the nature of the problem and suggests the approach that he would use to resolve it, citing to statutes and case law where appropriate.

The analyses offered are acute, well written, and appear to take account of the british and, where appropriate, commonwealth law in some detail. This is not so much a book for the research shelf, although it may serve in that capacity as well, as one for the arbitrator, novice or experienced to read and savor. The reader will not agree with every conclusion reached by the author, but whether agreeing or disagreeing will improve his or her skill on the arbitration bench. Even for the United States arbitrator, for whom many of the legal conclusions will be inapplicable, the nature of the hypotheticals will make them valuable as a "madeleine" for the consideration of important issues. This is not to take away from the usefulness of the volume for the advocate. There are few works that will provide as acute a view of how an arbitrator thinks about procedural issues, knowledge that is invaluable in preparing to present a matter. The usual full range of tables is included as are, in appendices, relevant statutes, rules of the supreme court, and arbitration rule sets.

* * *

Cohen, Raymond, Negotiating Across Cultures: Communication Obstacles in International Diplomacy, United States Institute for Peace Press, 1550 M. St. NW, Suite 700-C91, Washington, DC 20005-1708 (216pp $19.95 1991) (3/92)

Book review by James B. Boskey

Raymond Cohen, a professor of international relations at Hebrew University in Jerusalem, has written one of the most analytical and most successful analyses of the effect of cultural difference in negotiation with especial attention to the international diplomatic arena. While spending time as a fellow at the United States Institute for Peace, Cohen undertook a study of international negotiation, originally planning only to present several detailed examples of cross-cultural miscommunication. Instead he began to identify some common themes that appear in a wide range of such negotiations and has utilized both communication and management theory to elaborate those themes into theoretical constructs useful for the evaluation of prior negotiations and planning for future ones.

Cohen examined, in detail, various negotiations between the United States and Egypt, Japan, Mexico, India, and China. Combining the insights he gained from these analyses with discussions with experienced international negotiators, he has been able to focus on both problems that are common to many intercultural negotiations and some that are distinct to particular cultural interplays. After setting out some of the general principles to be addressed, he breaks the negotiation process into four, specifically non-analytical, stages: prenegotiation, beginning, middle, and end. The effect on cultural difference and miscommunication is discussed in each of these stages and comparisons drawn between the styles of negotiators from each of the major countries examined.

This is an outstanding volume and should be at the head of the reading list of anyone interested in the effects of cultural difference on negotiation style and effectiveness.

* * *

Cane, Marilyn Blumberg and Shub, Patricia A., Securities Arbitration: Law and Procedure, BNA Books, 1231 25th St. NW, Washington, DC 20037 (580pp $110 1991) (3/92)

Book review by James B. Boskey

The growth of arbitration in the securities area in recent years has been nothing short of extraordinary. While arbitration had been used for many years as a means of resolving disputes between brokerage houses and occasionally in employment disputes, the reversal of Wilko v Swan, 346 US 427 (1953) , which had refused enforcement of a predispute arbitration clause contained in a brokerage agreement, by Rodriguez de Quijas v Shearson/American Express, 490 US 477 (1989), opened the door to the arbitration of customer disputes with brokerage houses and the substantial losses suffered by brokerage customers during the October massacre led to the active prosecution of such claims through arbitration.

The great majority of securities arbitrations take place either under the rules of the American Arbitration Association or of the SROs (Self-regulatory organizations). The SROs are national securities exchanges (NYSE, AMEX, etc.) or other similar bodies subject to the oversight of the Securities and Exchange Commission. Cane and Shub's new work provides in depth coverage of the law and practice of arbitration in a clearly organized format with a well written text as applied in either of the more commonly used fora.

The volume begins with a single chapter offering an overview of arbitration claims and their processing. It discusses the client interview, means of resolving disputes without arbitration, the preparation and filing of the arbitration claim, prehearing procedures (including relevant motions), discovery, the use of experts and the hearing. That chapter is followed by a series of chapters providing detailed discussion of the issues dealt with in the first chapter, including, forum selection and procedure, the arbitrator's manual, expert witnesses, and a discussion of class actions, consolidations and other complex cases.

The second section of the book addresses causes of action that are derived from judicial and statutory sources. After an introduction to the relevant sections of the securities law, separate chapters discuss claims such as breach of fiduciary duty, churning, unsuitability, unauthorized trading, and failure to supervise. Consideration is also given to RICO and ERISA claims and claims for punitive damages and attorney fees.

The third section deals with representative claims. Discussions of margin accounts, options trading, penny stocks, intra-industry disputes and partnerships and mutual funds are included. While there are often overlaps between such claims and those in the second section, the specific regulations governing these situations require this kind of separate attention.

The fourth and fifth sections of the volume address judicial responses to arbitration. Analysis is offered of bases for resisting the arbitration demand, in favor of litigation, with appropriate recognition that such resistance is usually not effective. The fifth section addresses post award litigation, including the confirmation, vacation or modification of the award, the effect of the award, and arbitral immunity. A final chapter offers a proposal for the establishment of a unified forum.

Overall this is a volume that anyone practicing in the area of securities arbitration will want to own. The text is well written and well organized, and, while it may be light on theory is immensely practical. The extensive appendices and useful index will assist in making this a volume frequently referred to in the practice.

* * *

Bucher, Andreas and Tschanz, Pierre-Yves, International Arbitration in Switzerland, Helbing & Lichtenhahn, Freie Strasse 82, 4051 Basel, Switzerland (230pp 69sfr 1988) (3/92)

Book review by James B. Boskey

International Commercial Arbitration in Switzerland is largely controlled by Chapter 12 (Articles 176-194) of the 1987 Law on Private International Law. Unlike domestic arbitration which, being considered a procedural matter, is governed by cantonal law, the new law governs any arbitration located in Switzerland where at least one of the parties is not a Swiss resident, but is subject to the provisions of the New York Convention and the ICSID to which Switzerland is party.

For the attorney seeking an international venue for a commercial arbitration, Switzerland offers substantial advantages. Travel is easy, the people are generally multilingual, and, although located in Europe, it is not a member of the European Economic Community. Until the publication of this book, however, there has been relatively little information available about the Swiss law of arbitration and Swiss arbitration practice.

Bucher and Tschanz provide detailed information for the individual who is considering the use of Switzerland as a site for arbitration. They review in detail the scope of the statute, and provided an extensive analysis of the law governing the arbitration agreement, arbitration procedure, selection of applicable law, and the structure and enforcement of the award. The material is clearly presented and the language is clear and direct, not hesitating to point out ambiguities in the law where they exist. Also included are a list of important decisions of the Swiss Federal Supreme Court on arbitration issues, a detailed and extensive bibliography, and appendices including the statute and the New York Convention. The index is fully detailed and provides easy cross reference on any subject of concern.

Anyone considering arbitration in Switzerland would be well advised to obtain and review a copy of this work. It is an outstanding survey of its subject and the clarity of presentation makes it a real contribution to the literature of international commercial arbitration.

* * *

BNA Editorial Staff, Grievance Guide 7th Edition, BNA Books, 1231 25th St., NW, Washington, DC 20037 (400pp $27 1990) (3/92)

Book review by James B. Boskey

The BNA Grievance Guide is one of the standard reference works for those involved in labor arbitration. First published in 1959, it provides a review and analysis of the common law of labor arbitration, broken down by appropriate categories according to the subject of the arbitration rulings. Each subsection is headed by an "In Brief" section which summarizes the current state of the practice in the area and then offers a series of practice guidelines supplemented by appropriate examples drawn from the arbitration case law. This remains one of the essential references for labor lawyers and its clearly written and well organized presentation makes it especially comfortable to use.

* * *

Brown, Henry, Alternative Dispute Resolution, Finance Department, The Law Society, Law Society House, 50 Chancery Lane, London WC2A 1SX, England (57pp 13-including air mail postage 1991) (3/92)

Book review by James B. Boskey

The Law Society, for those who are not familiar with it, is the professional association of solicitors in England and Wales. Unlike the American Bar Association, it is a quasi-governmental organization in that it controls admission to the practice of law and has substantial regulatory functions surrounding the practice.

This report, which was prepared by Henry Brown for the Courts and Legal Services Committee of the Law Society, provides in a short compass a remarkably analytical examination of the consequences of the growth of alternative dispute resolution on the practice of law and the appropriate responses of the Law Society to those developments. It considers primarily the use of ADR in civil non-matrimonial disputes, leaving other forms of disputes for separate consideration, reviews the current status of ADR in England and Wales (with brief reference to developments in other nations), sets forth the range of concerns that need to be addressed (including issues such as training for neutrals and for attorneys making use of ADR processes, ethical considerations, funding issues and the like), and proposes a detailed five year action plan for dealing with these considerations.

While quite brief, this report is one of the better thought out programs for the implementation of ADR on a professional basis that I have seen. Much of the American bar could take a serious lesson from the approach that has been employed.

* * *

Cooper, Corinne and Meyerson, Bruce E., A Drafter's Guide to Alternative Dispute Resolution, Business Section, American Bar Association, 750 North Lake Shore Drive, Chicago, IL 60611 (82pp $19.95 1991) (3/92)

Book review by James B. Boskey

The importance of ADR to lawyers of every stripe is becoming increasingly apparent. With this volume, the Committee on Dispute Resolution of the Business Section of the American Bar Association is providing a mechanism for the education of yet another segment of the bar on the potential uses of ADR and the need to be informed of the full range of non-litigation options that may be available to an attorney's client.

The title of this volume, A Drafter's Guide to Alternative Dispute Resolution, is somewhat misleading. My first thought on seeing it was that it would provide primarily a series of clauses to be included in contracts and other similar documents requiring the use of alternative mechanisms for dispute resolution, but, while a limited number of such clauses are provided in an appendix to the volume, the bulk of the book is dedicated to providing an overview of the nature and uses of ADR techniques.

After a brief introduction on the advantages of ADR, the book addresses some of the considerations that need to be taken into account in selecting and using an ADR process. Attention is paid to the need to anticipated disputes that may arise and to develop a provision that suits the culture of the parties. This is followed by a description of various ADR techniques, Negotiation, Mediation, Mini-Trial, Arbitration, and Court-Annexed ADR. Finally a chapter provides several examples of "ADR in Action", uses of ADR in construction, the sale of a business, etc. Also included are a bibliography and list of dispute resolution resources.

Overall this is a well written, but rather elementary, introduction to the subject of alternative dispute resolution. While it may serve to wet the appetite of the reader, it does not provide sufficient material to allow the drafter to be prepared to make full use of the information provided.

* * *

Bazerman, Max H., Lewicki, Roy J. and Sheppard, Blair H., eds., Research on Negotiation in Organizations (vol. 3), JAI Press, 160 Imlay St., Brooklyn, NY 11231 (332pp $63.50 1991) (3/92)

Book review by James B. Boskey

The Research on Negotiation in Organizations series has rapidly become one of the premier resources for academic research in negotiation and organizational theory. The first two volumes offered outstanding papers analyzing specific topics in the area such as negotiator decision processes and party behavior. In this third volume in the series, the editors have taken a new approach, recognizing the increasing maturity of the field and the speed with which it has developed. The papers in this volume are review articles, written from the perspective of different disciplines or issue areas, which attempt to set forth the "state of the art" with regard to our knowledge of the way in which negotiation occurs and is integrated into organizational behavior.

The first seven papers present the different theoretical approaches to negotiation. Included are papers from behavioral decision theory, economics, social psychology, political science, communications, and anthropological approaches. The second group of papers focus respectively on dyadic negotiations, mediation, justice issues, coalition formation, and multiparty negotiations.

These are not light reading papers that one would want to take to bed for nighttime reading. They are all serious, highly technical papers, well based in each author's discipline, which contain extensive, detailed, a valuable information about approaches to understanding the negotiation process. They constitute, to my mind, essential reading for anyone who is a serious academic student of the negotiation field.

* * *

Denenberg, Tia Schneider and R.V., Alcohol and Other Drugs: Issues in Arbitration, BNA Books, 1231 25th St., Washington, DC 20037 (404pp $47 1991) (3/92)

Book review by James B. Boskey

Any book on arbitration by the Denenbergs is sure to be well written, clear, and informative. Alcohol and Other Drugs is no exception to that rule, and deals with an issue that is of exceptional importance in the modern workplace. Drawing heavily on published arbitration opinions in the area, but with full attention to the judicial and other legal and non-legal literature, they provide a comprehensive overview of the subject with extensive footnotes and annotations that will be of major assistance to the practicing attorney or scholar examining the area.

The first part of the book addresses the arbitral approaches to discipline for alcoholism and alcohol abuse cases in the workplace. Included are questions of the use of alcohol as a basis for discipline and alcoholism as a mitigating factor in evaluation of other misconduct, as well as the use of medical leaves and issues of reinstatement after treatment or recovery. In the drug abuse area, attention is also paid to the question of abuse as a treatable disease, the effect of criminal convictions, and questions of rehabilitation.

The second and third sections of the book look to the issues involved in drug and alcohol testing. Both policy and proof issues are fully addressed with extensive reference to scientific as well as legal resources. The final two sections deal with proof issues and the development of appropriate corporate policies and rules for dealing with these questions.

As always, the book is clearly written, fully documented and well indexed. For those dealing with labor issues, it will form an important part of their collection.

* * *

Asherman, Ira G. and Sandra Vance, The Negotiation Sourcebook, HRD Press, 22 Amherst Road, Amherst, MA 01002 (448pp $44.95 1990) (3/92)

Book review by James B. Boskey

Amongst the many books prepared or written by non-academic professional consultants in the dispute resolution area, most focus on presenting only their own theory of dispute resolution or one or more of the available dispute resolution techniques, rather than providing an overview or understanding of the larger body of theoretical work that has been done in the field. It is therefore a surprise and pleasure to have the opportunity to review a volume by such consultants which takes account of a good deal of modern theoretical writing while maintaining the easy accessibility that is expected of such consultants' work.

The Negotiation Sourcebook is a reader on negotiation developed by a pair of consultant/trainers who work primarily with companies in the pharmaceutical industry. The book is designed to provide a serious introduction to the current professional understanding of negotiation and provide background information for training individuals in negotiation skills. The book is made up of two sections, the first, which constitutes about 375 of the book's 430 pages, providing an extensive group of readings on negotiation theory and practice and the second containing materials for a negotiation training program.

The readings in the first section of the book are extensive and well selected. The first three chapters are made up of articles addressing fundamental questions in the negotiation process. Beginning with a group of articles on approaches to negotiation by such eminent writers as Roger Fisher and John S. Murray, the book goes on to present several articles on how to persuade others and the sources and uses of power in social and negotiation settings. The second group of chapters address the negotiation process itself, with articles on planning and preparation, negotiation and negotiator skills, and tactical issues in negotiation. A third group of chapters address specific types of negotiations: stakeholder, labor, financial, occupational, and real estate, while a final set address general issues such as the role of third parties, negotiation research and training, and offer some examples of major negotiations. In addition to the authors mentioned above, other familiar names include Tom Colosi, Howard Raiffa, and Max Bazerman, all in all an all star cast. The articles in each area have been carefully selected to provide both overviews of the areas covered and sufficient detail to allow the principles stated to be applied.

The second section of the book, the training materials developed by the Ashermans, are well designed and potentially useful. They include a planning workbook, designed to focus the attention of the negotiator on the real issues faced and allow for principled negotiation of the issues, a set of six one page case studies which are used as the basis for discussion of particular issues in negotiation technique, and four simulation problems, well designed for use in a relatively brief time span. Also included is a well selected and briefly annotated list of sources for additional simulations, films, and the like for use with training programs.

Overall this is an unusually useful collection of materials for the professional presenter on negotiation issues. The readings could also be useful as the basis for a negotiation unit in a general ADR or substantive course in a law school or other academic unit. I might prefer to use these materials to many of those prepared specifically for such course use as the presentation is often clearer and less pretentious than such custom made materials.

* * *

Arnold, Tom, Patent Alternative Dispute Resolution Handbook, Clark Boardman Callaghan, 375 Hudson St., New York, NY 10014 ($85 1991) (3/92)

Book review by James B. Boskey

I think that most readers will agree that I read a reasonably large number of books about alternative dispute resolution over the course of the year in preparing the reviews for this newsletter. Most of the book that I read have, I believe, substantial value for an appropriate readership, but most of them, even the best, read, and I do not say this intending a compliment, as if they were written by lawyers or mental health professionals. Important statements of opinion or fact are hedged with predicates that decreases the likelihood that they are wrong, but takes away their potential impact on the reader.

It is a lack of this kind of hedging that makes Tom Arnold's book, Patent Alternative Dispute Resolution stand out from the pack. Without in any way compromising the accuracy or quality of his analysis, Arnold writes in clear declarative sentences that make his book a pleasure to read. From his opening sentence, where he follows a quote from Justice Burger that "Our litigation system is too costly, too painful, too destructive, too inefficient, for a truly civilized people." with the question "Do you tell your clients that before you let them litigate?" and continues to ask the question "Why do we tolerate the generally schlocky performance of our courts ...", the text, and, even more surprisingly, the footnotes are a pleasure to read.

Not, it should be clear, is the value of this book limited to the clarity of the writing. Arnold writes clearly, at least in part, because he thinks clearly about his subject. An experienced patent litigator he fears the judicial forum only because of the harm that procedural ineptitude and delay can bring to his client and the recognition that the election to use the judicial system to resolve issues is often the result of laziness on the part of the attorney rather than an attempt to meet the needs of the client.

Patent law was traditionally an area that made little use of alternative dispute resolution techniques as a result of early decisions which suggested that patent and related antitrust issues were too involved with the public interest to be resolved in alternative fora. With new federal legislation and the new attitude of the federal courts towards alternative techniques, this is no longer a barrier in the United States, although it continues to be in many other nations, and the opportunities for utilizing the full range of alternative dispute resolution techniques are legion.

Arnold carefully reviews each of the techniques in the context of patent and patent related litigation. Again, in looking at the table of contents of the book I expected to read the usual chapters setting out the generic definitions of each of the standard ADR techniques, and was pleased to find, in several of the chapters, serious analysis of the use of the technique including valuable ideas on what to include in various kinds of patent ADR contract clauses. He includes in the book as appendices seven different sets of arbitration rules which can be adopted or adapted by the practitioner, and a useful ADR agreement and outline of the essentials for establishing a mediation.

* * *

Donohue, William A., Communication, Marital Dispute, and Divorce Mediation, Lawrence Erlbaum Associates, 365 Broadway, Hillsdale, NJ 07642 (256pp $39.95 hard $22.50 paper 1991) (3/92)

Book review by James B. Boskey

William Donohue is a specialist in communications at Michigan State University who has conducted an important study of the communication process in mediation based on tapes of divorce mediations performed at the Conciliation Court in Los Angeles, California. The conciliation court offers a mandatory mediation service for divorcing couples which uses a, normally, two hour, single session model which, while focusing on custody and visitation issues, also deals with financial issues in many cases.

After an detailed, and remarkably literate, literature review on the nature of mediation in general and on communications theory issues in mediation, Donohue presents the results of his study. He analyzed audio tapes of 20 mediations, involving eight mediators, seven male and one female, half of which led to successful resolution and half did not. The tapes were transcribed and each statement made by any of the participants coded analytically.

It is not possible in a review of this length to even begin to summarize the conclusions that Donohue reaches from his study. Rather than attempting to do so, let me simply say that this in one of the most useful studies that I have reviewed on divorce mediation. The careful analysis of the patterns of communication, and the comparisons drawn with regard to mediator approach and the types of party communication are extremely useful. This is put simply a book that every active or intending divorce mediator should read and study.

* * *

Doyle, David, Doyles Dispute Resolution Practice: North America-United States, Canada, Commerce Clearing House, 4025 West Peterson Ave., Chicago, IL 60646 (~500pp $380/yr subscription 1990) (3/92)

Book review by James B. Boskey

Commerce Clearing House, in their own terms-"The Information Professionals" have, with Doyle's two volumes, entered the world of ADR publishing with a bang. Of course this is not really, by any means, the first CCH entry in the dispute resolution area, as they have been for years a leading publisher on labor dispute resolution, but this is, I believe, their first effort in the broader arena.

As is typical with CCH volumes, what you purchase with Doyle is less a book than a subscription to a continuingly growing information resource. The base subscription price includes one year of, at least quarterly, updates and elaborations to the base volume which I am reviewing here.

Set out in the classic black-bound looseleaf CCH format, Doyle's North American volume presents its information under 12 tabs, neatly organized for reference and easy updating. After the general, how to use this volume, introduction and index, the volume begins with an overview of dispute resolution practice written by Doyle which discusses, in very general terms, ADR agreements, institutional ADR, costs of resolving disputes, and dispute resolution in the modern corporation, and offers a selection of some basic American Arbitration Association forms. The overview is of limited utility as it appears to assume a basic understanding of the types of ADR, but is relatively unsophisticated in its analysis of the issues involved.

The bulk of the volume consists of the national and international sections which collect a range of miscellaneous documents related to dispute resolution, including legislation, and sets of institutional rules. The United States and Canadian sections include selected federal, model, and state and provincial laws and rule sets of several of the better known institutional ADR administrative organizations. The international section offers a similar collection of relevant treaties and rules sets for several of the more important institutionalized dispute resolvers.

While there is no question that the materials in these sections might be useful to one working in the dispute resolution field, the selection of documents for inclusion is idiosyncratic to say the least. Mr. Doyle, being Australian, may be less than fully familiar with recent developments in the United States and Canada, but the decision to include in the international section the rules for several, but not all, of the major London based arbitration groups in a volume on North America and the failure, even in that context, to even mention the existence of non-arbitration dispute resolution organizations seems outré. Similarly, the United States and Canadian materials that are included, while appropriate, overlook most of the past decades developments in the dispute resolution area in those countries. The new developments section does include the United States Negotiated Rulemaking Act (without providing the U.S. Code citation), but ignores the extensive developments in federal and state legislation that has blossomed in recent years.

The volume also includes a selection of cases on ADR related issues (all cited to the ADRD-whatever that may be-rather than to the reporter system). Again the basis for selection is less than clear although all of the cases appear to have some international connection. The volume also includes ADR briefs, papers on ADR topics written by specialists in the field, and brief book reviews and a bibliography.

I began reviewing this book somewhat excited over the development of a new, and I hoped important, resource for those practicing the ADR field. Unfortunately, in its present condition I cannot recommend it as it fails to deal with most of the more important developments in the field. Hopefully as the editor becomes more familiar with North American developments, it may develop into the useful resource that it has the potential to become.

* * *

Doyle, David, Doyles Dispute Resolution Practice: Asia-Pacific, Commerce Clearing House, 4025 West Peterson Ave., Chicago, IL 60646 (~600pp $380/yr subscription 1990) (3/92)

Book review by James B. Boskey

Doyle's Asia-Pacific volume is very similar to the North American volume reviewed above. The format is identical except that the sections on ADR Practice North America, United States, and Canada, are replaced by ADR Practice Asia Pacific, North Asia, South Asia, and Pacific. Despite the change in the title, the sections on ADR practice in the two volumes are identical except for a renumbering of the pages, even to the use of American Arbitration Association forms in the forms section of the chapter. The international sections of the two volumes are identical, even to the point of including the inter-American Commercial Arbitration Commission Rules of Procedure in the Asia Pacific volume, except for the addition to the Asia Pacific volume of the rules and ethics code of the New York based Society of Maritime Arbitrators, however, the cases included in the ADR decisions section are mostly localized to the Asia Pacific region. Additional articles are also included in the ADR briefs section.

The section on North Asia covers the People's Republic of China, Hong Kong, Japan, the Republic of Korea, and Taiwan, the South Asia section: India, Malaysia and Thailand, and the Pacific Section only Australia. Each of the national subsections provides a collection of the relevant arbitration law for the nation in question, by-laws and rules of one or more bodies providing arbitration services in that country, and standard arbitration clauses used by such organizations. Each also provides a very brief (1-2 page) introduction to the constitutional framework of the country, sources of law, court organization, dispute resolution environment, and legislative basis of ADR.

Overall, my view of this volume is not seriously different than my view of the North American one. My lack of detailed familiarity with the ADR practice in this region does not allow me to make the same evaluation of comprehensiveness that I can make for North America, however, I would note that the Australian section provides no information about the use of mediation which has been expanding rapidly in that country and does not mention, LEADR, which has been an important advocate of the adoption of ADR in the Australian context.

* * *

Bazerman, Max H. and Neale, Margaret A., Negotiating Rationally, Free Press, 866 Third Avenue, New York, NY 10022 (196pp $24.95 1992) (3/92)

Book review by James B. Boskey

Max Bazerman and Margaret Neale, who are the co-directors of the Center for Dispute Resolution at the Kellogg School of Management at Northwestern, an institution which I feel some ties to as my daughter is a freshman at that university, are experts in the negotiation behavior of corporate managers. In this volume, they present the lessons that they have learned from their extensive research in the field in a format designed to improve the quality of negotiation behaviors amongst corporate executives through training them to become better negotiators.

Rather than using the traditional approach to the teaching of negotiation, the authors begin with the, patently correct, assumption that every manager has experience in negotiation and needs to focus on the mistakes that they make in the negotiation process rather than on entering the process itself. They also call immediate attention to the fact that not all negotiation takes place in a face-to-face mode, and that the use of negotiation skills can be no less important in situations where the negotiation takes place indirectly than where it is direct. Their opening example of negotiation by press release in the automobile industry in an attempt to reduce the scope of buyer incentive plans, catches the readers attention as it is a situation that is not usually thought of as negotiation although the basic approaches used fall well within the negotiation fold.

The book is written in clear and very entertaining language. The authors combine the use of many of the classic mini-simulations (for example the auction where each bidder pays his or her highest bid with only the high bidder obtaining the object auctioned) with well known examples of corporate successes and failures in the negotiation arena, to clarify the issues that they are discussing. After a brief introduction, the first part of the volume addresses major mistakes that are common in negotiating behavior. This is followed by an analysis of how to approach negotiation in a rational manner, focusing heavily on seeking integrative solutions to the issues posed. The final section addresses the process of simplifying complex negotiations and the settings in which such negotiations take place so as to make it easier to identify the integrative potentials that exist and reach a reasoned conclusion.

While the book is designed primarily for the corporate manager, it will repay attention from anyone who is involved in providing negotiation training as well. The structure of the book and the examples used are models that can easily be adopted to the development of an understanding of the overall negotiation process. The book is selective in its coverage. Less attention is paid than I would like to the pre-negotiation planning process and the post-agreement mutual gain maximizing process, but with this caveat, the book is highly recommended.

* * *

American Arbitration Association, Arbitration and the Law 1990-91: AAA General Counsel's Annual Report, American Arbitration Association, 140 West 51st Street, New York, NY 10020 (337pp $35 1991) (3/92)

Book review by James B. Boskey

The annual publication by the American Arbitration Association of Arbitration and the Law consistently makes available a very useful collection of materials for those interested in the dispute resolution area. The pattern of the book is unchanged from prior years, but, as usual, all of the material contained in it is new.

Beginning with commercial arbitration, the book offers a series of short articles/reports by the AAA staff on a range of issues. Included this year are items on the enforcement of agreements, attorney fees, energy policy, complex commercial disputes, crisis management in the courts, the Greyhound ADR program, punitive damages in securities cases, and an analysis of the AAA caseload. Case digests are grouped according to subject matter.

In addition to case digests, the labor area offers only two commentary items, addressing human rights complaints and Alexander v Gardner-Denver, but the international section is substantially expanded with three articles, examples of foreign arbitration legislation and rules, and about 10 discussions of recent developments around the world in addition to the case digests.

The final sections deal with federal and state Dispute Resolution legislation, new rules on international arbitration including foreign language translations of AAA rules, and a brief discussion of EEC practice including a report of the Marc Rich case. As usual the book is fully indexed.

* * *

Djinis, Anthony W., Post, Joseph A., et. al., Securities Arbitration: Practice and Forms, Matthew Bender & Co. 11 Penn Plaza, NY, NY, 10001 (~750pp $100 1991) (3/92)

Book review by James B. Boskey

As securities arbitration grows increasing numbers of books are being published dealing with this area of practice. Matthew Bender's contribution to the literature is, as one would expect, a highly professional volume designed as a comprehensive guide and reference for the practitioner. The basic volume is divided into three roughly equal sections with the first being somewhat more equal than the others.

The first section, labeled simply text, offers a detailed treatise on the law and practice of securities arbitration. Like most such Matthew Bender volumes, each chapter was prepared by a different author or group of authors, but they adhere to a straightforward and convenient common format. Individual chapters discuss the regulatory framework, jurisdiction, the arbitration agreement, the decision to arbitrate or litigate, the process of compelling or resisting arbitration, the conduct of the arbitration (3 chapters), the award and its enforcement (3 chapters). The chapters are clearly written and well annotated, although there is occasionally an imbalance in the depth of their coverage.

The second section includes the Federal Arbitration Act, a list of Directors of Arbitration for each of the exchanges and the American Arbitration Association, and the arbitration rules of the New York, American, and Chicago exchanges as well as the Securities Industry Conference rules and manual and the American Arbitration Association securities and commercial rules. The third section offers pleadings and forms for use in the arbitration context. The volume is, of course, fully indexed.

Overall this is a very useful text for those practicing in the securities arbitration area. The text is clear and valuable and the appendices are items that will be useful to most practitioners.

* * *

Doyle, Stephen Patrick and Haydock, Roger Silve, Without the Punches: Resolving Disputes Without Litigation, Equilaw, 2124 Dupont Ave. South, Minneapolis, MN 55405 (182pp $12.95 1991) (11/91)

Book review by James B. Boskey

Equilaw is one of the better known and more effective of the second generation of private dispute resolution organizations. This book, which was written by the President and the General Counsel of equilaw, is designed to provide an introduction to arbitration, mediation, and negotiation for the general public.

While there are a number of books which provide this kind of a broad overview of dispute resolution processes for attorneys, mbas and other professionals, there is a legitimate need to be fulfilled by a popular book of this type. Unfortunately, this volume, while adequate for the purpose, is not especially well written or organized and cannot be highly recommended.

The book in general appears to have been written in a series of short sections, each of which on its own is an adequate explanation of the topic covered, but which do not provide a smooth flow of ideas from section to section and which often repeat information inappropriately. Also, in some of the sections, a classification scheme is offered which is either under or overinclusive and may mislead the inexperienced reader. On example of this is the section entitled arbitration proceedings which states that "(t)here are three major types of arbitration proceedings base on pre-dispute binding arbitration agreements: Default proceeding. In camera or document review hearing. participatory hearing." While all three of these exist, the tone suggests that they are equally likely to occur and equally valid, certainly not true in my experience. They then add a fourth type of hearing, "Miracle hearing ... where the parties desperately hope that the dispute will go away", which is, of course, not a separate type of hearing, but something that can happen in any of the above cases. Similarly the authors provide "Beginning Arbitration Remarks" and similar language for mediation, each of which is appropriate, but not, as they suggest, invariably used in such proceedings.

Overall this is a good concept for a book, but this is not an outstanding implementation of that concept.

* * *

American Arbitration Association, Dispute Resolution Today: The State of the Art, American Arbitration Association, 140 West 51st Street, New York, NY 10020 (152pp $7.50member $9.50non-member 1991) (11/91)

Book review by James B. Boskey

Over the years the American Arbitration Association has held a series of three conferences under the title Dispute Resolution: The State of the Art. The most recent of these conferences was held at the Wingspread Conference Center in October, 1988, and this volume is a report of the proceedings of that conference.

At the time the conference was held, the discussions that are reported here were in fact the state of the art in dispute resolution, but the field is developing so rapidly that much of the information presented has already appeared elsewhere or been superseded by subsequent developments. Allowing for the time lapse between conference and publication, however, this volume does provide a useful snapshot of developments as of the conference date.

After a first section which includes Arnold Zack's keynote address and the article on the conference prepared by Sophie Cook Eilperin for the then published Alternative Dispute Resolution Reporter, the remaining presentations are grouped into four topic areas. The next two sections reported on existing programs five papers examine the process of training adr delivers and users, four address various aspects of implementing adr programs including grantsmanship, course design, etc. The final two sections address developments that were new at the time of the conference. Issues covered include international diplomacy, grievance mediation, mediator burnout, and the like.

* * *

Craig, W. Laurence, Park, William W., and Paulsson, Jan, International Chamber of Commerce Arbitration (Second Edition), Oceanna Publications, Dobbs Ferry, NY 10522 (815pp $125 1990) (11/91)

Book review by James B. Boskey

The International Chamber of Commerce is either the largest or the second largest administrator of international commercial arbitrations in the world (It runs neck and neck with the American Arbitration Association). Unlike most AAA arbitration programs, however, the ICC program is severely infected with hyperlexia.

What that means is that in a large proportion of the cases where arbitration is held under ICC auspices there is an expectation that decisions will be made in fairly strict accordance with the law and that the arbitrator or arbitrators will prepare written opinions explaining, in detail, their decision in a particular case. Proponents of the ICC approach feel that this tends to "keep the arbitrators honest", while proponents of the AAA approach, amongst who I include myself, prefer to trust the good faith of the arbitrator in the decision making process and to limit, insofar as possible, the involvement of the courts in the review of arbitrator decisions. It is worth noting, however, that in a substantial number of ICC arbitrations the arbitrators are authorized to act as "amiable compositeurs" which allows them to use a sense of general equity as a guide for their decisions.

Craig, et. al., in the volume under review provide an extremely detailed review of the process of arbitration under ICC rules. The book consists of 38 chapters and three appendices as well as tables of cases, awards, authorities, and an index. The number of chapters is somewhat misleading, however, as the authors have a tendency to divide their subject matter into very small chunks of information, exaggerating the scope of coverage. One example is the six chapters on the Agreement to Arbitrate which would, in most treatises constitute a single chapter, and the twelve chapters on ICC Arbitration in Practice which do not even include the discussion of the hearings and evidentiary issues.

The book is, despite this carping, very comprehensive and well written, although it takes a highly legalist viewpoint which is traditional amongst academics in the international arbitration field, but is less than fully reflective of the realities on the ground. If one needs information about how to commence or resist the commencement of an arbitration or about any conceivable interpretation as to jurisdictional issues, this is the place to find it.

There has been some controversy over the decision of the authors to include in this volume reviews of the attitudes of the national legal systems of several of the major arbitration situses in this volume. I feel that these are a valuable addition to the book as, in drafting an arbitration clause, it is essential to know the local procedural requirements of an intended site. Also useful are the chapters on new trends which introduce both theoretical and practical considerations which may be of importance in such arbitration planning.

* * *

Dore, Isaak I., Theory and Practice of Multiparty Commercial Arbitration, Graham & Troutman, Sterling House, 66 Wilton Road, London SW1V 1DE, England (201pp $95 1990) (11/91)

Book review by James B. Boskey

Dore's Theory and Practice of Multiparty Commercial Arbitration is an example of the hyperlegalization that is discussed in the prior review with reference to international commercial arbitration. The volume is designed as a companion to his prior work, Arbitration and Conciliation under the UNCITRAL Rules, and the question has to be asked as to whether there is really a need for an entire book addressing the issues addressed here. In fairness, however, Dore writes well and if one is not bothered by his tendency to repeat his discussion on an issues based on the same case in several chapters (which fleshes out what would otherwise be a fairly brief treatise) his analysis is competent if not extraordinary and his research is impeccable.

In the first three chapters of this study Dore addresses the question of the capacity to consolidate multiparty arbitrations without the consent of all parties. This is an important issue both for courts and for arbitrators, although Dore focuses almost exclusively on the role of the courts in making the consolidation decision. Recent cases, especially the United States case of Compañía Española de Petróleos, S.A. v Nereus Shipping, S.A.(1), have appeared to expand the power of courts to consolidate the arbitrations of parties who have not explicitly agreed to such consolidation. Dore examines the jurisprudence of eight major nations(2) on this question and evaluates the effect of the UNCITRAL rules in this regard.

In his other chapters, Dore examines the process of commencing multiparty arbitral proceedings, including the issues of the establishment of the tribunal and questions of jurisdiction and the appointment of arbitrators. He then proceeds to deal with the procedural and evidentiary aspects of the hearing, the availability of post arbitral provisional relief, both prior to and after the award, and finally the issue of foreign recognition of awards. In appendices he offers a model multiparty arbitration agreement as well as the text of the UNCITRAL rules and Model Law.

Overall this is a reasonably valuable book, dealing with important questions, albeit at somewhat more length than I would consider necessary.

* * *

Duffy, Karen Grover, Grosch, James W., and Olczak, Paul V., Community Mediation: A Handbook for Practitioners and Researchers, Guilford Publications, 72 Spring St., New York, NY 10012 (355pp $39.50 1991) (11/91)

Book review by James B. Boskey

It is often more difficult to edit a "collective" book than it is for one or two authors to write a book themselves, and it is therefore impressive when such a work proves to be, as is this one, clear, well organized and useful. By a collective book I mean not only a book that is made up of chapters by different authors, but one which uses those various chapters to present a comprehensive and coordinated view of their subject matter.

Duffy, et. al. have drawn together researchers and practitioners in community dispute resolution to present a comprehensive manual for the establishment and operation of a community justice center. By drawing on both groups the book becomes a great deal more informative as it provides both the theoretical background to decisions that must be made and the way in which they are implemented. Surprisingly, with such a range of authors the chapters are consistently well written and the flow from one chapter to the next is logical and clear. Each chapter is also supported by a full set of footnotes which provide the reader the opportunity to explore the issues raised in greater depth.

The book is divided into five sections. The first introduces the nature of conflict, the nature of the community mediation process, and the problems of establishing a community mediation center including needs assessment and marketing. The second section provides an analysis of the mediation process including an overview of the manner in which a mediation is conducted and the factors, both party and mediator, that influence its effectiveness. The third section addresses specific issues in community mediation including public and individual acceptance of the process, credentialing, and the relationship between mediation and the legal system and psychotherapy. The fourth section deals with specific types of mediation that may be included in a community program such as family, education, victim-offender, consumer, and environmental and complex cases, while the final section offers a synthesis of the concepts introduced.

Overall this is an excellent piece of work which will be of value not only to those involved in community mediation, but to those with an interest in other mediation forums as well.

* * *

American College of Trial Lawyers, Handbook on Alternative Dispute Resolution, American College of Trial Lawyers, 8001 Irvine Center Dr., Suite 960, Irvine, CA 92718 (22pp 1991) (11/91)

Book review by James B. Boskey

The American College of Trial Lawyers is an organization of many of the leading litigators in the United States. Taking their responsibilities for the improvement of the American justice system seriously, and being well aware of many of the problems that face that system, they directed their Committee on Alternatives for Dispute Resolution to develop this handbook to provide an introduction to and guidance for their members and the bar in general in the use of alternative dispute resolution mechanisms. The College remains dedicated to the value of the American jury system as a means of protecting the rights of litigants, but recognizes that the use of non-mandatory ADR systems provides an appropriate supplement to that system in many cases.

The Handbook provides a brief overview of the major dispute resolution techniques that are currently being employed in the courts from mediation through summary jury trial. It discusses, in each case the nature of the process and the degree of controversy which it has engendered. It does not endorse any of the mechanisms specifically, but suggests that each of them may be appropriate in particular cases to assist in resolving a dispute. Also included is a brief bibliography.

* * *

Acland, Andrew Floyer, A Sudden Outbreak of Common Sense: Managing Conflict Through Mediation, Hutchinson Business Books, 20 Vauxhall Bridge Road, London SW1V 2SA, England (216pp 15.99 1990) (11/91)

Book review by James B. Boskey

The award for best title of the year must go to Andrew Acland's new work, A Sudden Outbreak of Common Sense. Ackland, who is the seminar director for IDR (Europe), a for-profit mediation firm in England, was an assistant to Terry Waite in the Archbishop of Canterbury's Offices and has worked with a number of mediation projects of various kinds.

A Sudden Outbreak is primarily a puff piece advertisement for IDR, Mr. Ackland's firm, and secondarily for mediation in general. Mr. Ackland, himself, describes this book as "brief notes for busy people" and its style, short sentences, paragraphs sections and chapters with a large number of bulleted lists supports that description. The individual sections are generally well written and, allowing for the fact that mediators and mediation can, in the author's eyes do no wrong, and the annoying back-patting references to IDR, accurate within its stylistic limitations.

A Sudden Outbreak is divided into three parts. The first, Introducing Mediation, provides a general overview of the nature of mediation suggesting that it is the best concept to hit the runway since sliced bread. In a listing of the circumstances favoring and disfavoring mediation, Acland finds it necessary to specifically degrade each of the reasons for not favoring it, making one wonder why he bothered with the list of reasons not to select mediation at all.

The second part, Conflict Analysis, is somewhat more analytical, although perhaps more doubtful in its quality. Ackland begins by distinguishing between real conflict and non-real conflict, by which he means the conflict caused by real differences rather than by miscommunication. He appears to suggest that mediation is appropriate primarily to "real conflict", a rather strange view in light of the role of mediators in improving communication and helping parties to identifying real issues between them. He then goes on to suggest that all conflict rests in either commodities, principles, or territory at stake between individuals or the relationships involved, a generalization so broad as to be both clearly true and false in the same instant. Once he passes beyond this introductory material, the remainder of his analysis is less controversial and some of it is quite well stated.

The third and final part of the book breaks the mediation process into nine stages and describes each of them. The analysis of the stages in relatively clear and non-controversial and a large part of this section is dedicated to tips to mediators, most of which are useful if not terribly original. The volume also includes, as appendices, seven sample mediation case histories, a list of addresses of a few organizations in the field, and a brief unannotated bibliography.

* * *

Broches, Aron, Commentary on the UNCITRAL Model Law of International Commercial Arbitration, Kluwer Law and Taxation, Staverenstraat 32015, P.O. Box 23, 7400 GA Deventer, The Netherlands (229pp $56 1990) (11/91)

Book review by James B. Boskey

With its adoption by many states and its increasing recognition as a source of adjectival law for international arbitration, even in cases that may not technically fall within its provisions, the UNCITRAL Model Law of International Commercial Arbitration is rapidly becoming recognized as one of the most important sources of private international law.

In the volume under review, Broches provides a detailed "legislative" history of the development of the model law to the point of its implicit adoption by the United Nations General Assembly in its December 11, 1985 resolution 40/72. In preparing this commentary Broches basically limited himself to the documents reflecting the activities of the drafters: the secretariat working papers, working group draft, possible features paper, comments by participating governments, and the analytical commentary on the draft text. He deliberately failed to reach beyond these documents so as to limit the scope of his enterprise.

Each Article of the Model law is discussed in a separate chapter of the book. Within each article Broches proceeds paragraph by paragraph to setting forth any information relating to that paragraph that exists in the referenced documents. No attempt is made to cross-reference the sections discussed except where this was done in the underlying documents and no effort is made to offer any independent analysis of the law.

Within its limitations, this book accomplishes, well and clearly, what it sets out to do - provide an organized reference to the preliminary documentation on the model law. While this was not a very ambitious undertaking, the author/editor should receive due credit for accomplishing his goals.

* * *

Breslin, J. William and Rubin, Jeffrey Z. (eds), Negotiation Theory and Practice, PON Books, Program on Negotiation, 518 Pound Hall, Harvard Law School, Cambridge, MA 02138 (460pp $20 1991) (11/91)

Book review by James B. Boskey

The Negotiation Journal, published by the Program on Negotiation at Harvard Law School, has, in its seven years of publication, established itself as not only one of the best resources on negotiation and dispute resolution theory, but also as one of the few professional journals that is always a pleasure to read. Bill Breslin and Jeffrey Rubin, its editors, have demonstrated a unique skill in finding academic authors who are able to present important theoretical ideas in language that is accessible to non-professional as well as professional readers, while keeping the Journal at the forefront of the rising wave of knowledge about negotiation and related processes.

In this book the editors offer a carefully selected group of many of the most important articles which have appeared in that journal supplemented by a few important articles from other sources. The articles are presented in nine categories, each of which is introduced by a brief transitional section by the editors setting the articles in the framework of current knowledge about the negotiation process. The sections deal with: the nature of conflict, organizing the negotiation team, preparation for negotiation, the negotiation process, the negotiation context, culture, race, gender and style factors, post-settlement issues, multilateral negotiations, and third party intervention.

For those who are regular readers of the Journal most of the articles will be familiar, but their availability in this form will make them far more accessible to students or for classroom use. The articles that are included from other sources include an adaptation of the chapter on dispute resolution system design from Ury, Brett, and Goldberg's Getting Disputes Resolved, four articles from the American Behavioral Scientist special issue on negotiation, an article by Jeffrey Rubin dealing with the difference between conflict resolution and conflict settlement from the Journal of Social Issues, and an important piece on gender issues in negotiation by Kolb and Coolidge.

While every regular reader of the Journal will miss one or more articles that he or she would have included in a collection such as this, the collection makes a valuable contribution for those new to the field or involved in training such neophytes.

* * *

Cohn, Henry S. and Bollier, David, The Great Hartford Circus Fire: Creative Settlement of Mass Disasters, Yale University Press, 92A Yale Station, New Haven, CT 06520 (207pp $27.50 1991) (11/91)

Book review by James B. Boskey

The greatest successes of alternative dispute resolution processes are usually hidden from public view by requirements of confidentiality or merely by the fact that they are played out without any public record. Henry Cohn and David Bollier have drawn the curtain from in front of one of the most outstandingly successful such events with this study of the resolution of claims arising from the July 6, 1944 fire which destroyed the Ringling Brothers and Barnum and Bailey Circus in Hartford, Connecticut killing 169 people and injuring over 500 more.

At the time of the fire it was clear that the circus lacked sufficient assets to pay the tort and wrongful death claims that would arise from the fire. The circus was, as a result of the fire, functionally bankrupt, however, Chapter 11 of the Federal Bankruptcy Code had not yet been written, and the then current code would, almost certainly, have required a "fire sale" of the assets, which would have left most claimants unpaid.

A group of creative lawyers in Hartford, realizing this, developed one of the first effective alternative dispute resolution mechanisms for dealing with mass torts. The circus was placed in state receivership, allowed to continue to operate, and all claims by the injured parties were paid in full after each had been resolved by agreement or arbitration.

As much as the story of the fire created heros and villains, so did the story of the receivership. The authors take us through the history of the receivership and the outstanding efforts of Edward Rogin, the receiver, who, refusing to take a fee until all claimants were paid, assured that those payments were made and then was stiffed by the circus for his well earned fee.

Going beyond the story of the fire and the circus's recovery, the authors set the resolution of claims in this case in the context of mass disaster litigation in general. They compare the process with that used in the L'Ambiance Plaza disaster in 1987 and draw useful conclusions as to the best approaches to the handling of such disasters in and outside the law.

The book is extraordinarily well written and of real value. The use of historical sources to define a rational approach to these situations is informative and provides a good basis for thinking about new situations that may arise.

* * *

Cooper, Corinne and Meyerson, Bruce E., A Drafter's Guide to Alternative Dispute Resolution, American Bar Association, 750 North Lake Shore Drive, Chicago, IL 60611 (89pp #19.95+$3.95post 1991) (11/91)

Book review by James B. Boskey

On page 19 of A Drafter's Guide to Alternative Dispute Resolution the authors warn that " 'ADR is not a panacea.' Still sometimes newcomers fail to heed this warning. Perhaps it is because the proponents of ADR was so eloquent when praising its advantages." This advice could have been taken to heart by the authors of this introduction to ADR for business lawyers, as, at times, it appears that their enthusiasm for the subject may have overridden their judgement leading to such effusive support of the use of ADR that the warnings that they provide of its inappropriateness in some situations may be lost.

The Drafter's Guide is not intended as a formbook for those drafting ADR clauses, but rather an introduction to the subject of ADR and its uses for attorneys who draft commercial contracts. The Business Section of the American Bar Association, which is the sponsor of this publication is mad up, primarily, of attorneys who specialize in corporate affairs, including the drafting of commercial and other agreements for their business clients. These are individuals whose primary concern is the prevention of conflict or disputes involving their clients, and, as such, a group that should have a serious interest in the use of alternative dispute resolution techniques. Like many of their colleagues, however, a large proportion of these lawyers are unfamiliar with the approaches that have been developed by the ADR community to prevent and resolve disputes.

The first stage in educating such a group is to get its attention, and it is in this regard that this volume is likely to be a success. It provides a relatively easy introduction to the subject of ADR and a brief survey of several of the major approaches: negotiation, mediation, arbitration and mini-trials, with some guidelines to their implementation in specific agreements. Unfortunately, however, while the enthusiasm of the authors for these techniques is clearly communicated, their descriptions of them are too abbreviated to provide the reader with a clear understanding of their nature and the reasons for selecting amongst them or electing them at all.

The book is divided into five sections: an introduction to the nature of ADR, how drafters can use ADR, the forms of ADR, case studies of ADR in action, and a brief conclusion. The authors, while clearly understanding the difference between the different ADR techniques and suggesting different situations as appropriate for each of the ones discussed, in their enthusiasm for ADR in general give the impression that the drafter must buy into the entire ADR movement to adopt any one of the approaches. My fear is that this approach may discourage individual attorneys from using one approach for fear that they are thereby forcing their client into an unfamiliar world.

The book does contain much that is of value. Its focus on negotiation as a basic ADR technique and encouragement of the use of negotiation clauses in agreements provides an important focus for the business bar on a familiar and useful approach to dispute resolution. The appendices, which include a set of very well drafted clauses for the implementation of ADR processes, especially negotiation based ones, are valuable. I must, however, question the propriety of including in a book such as this of the only general arbitration clauses naming specific agencies rather than including a fully drafted arbitration clause with examples of the kinds of complex provisions that can be used to tailor an arbitration to the needs of the parties, and the failure to include in the bibliography some of the more academic treatises such as Domke on Commercial Arbitration and the like.

Overall this is a worthy effort and will serve to introduce many lawyers to the concept of ADR, and while I might have gone in a different direction in its drafting, I still feel it will be useful to an unsophisticated readership.

* * *

Butler, William E., Arbitration in the Soviet Union, Oceana Publications, Dobbs Ferry, NY 10522 (252pp $85 1990) (7/91)

Book review by James B. Boskey

Arbitration has a long and honored history in the Soviet Union and before the 1917 revolution in Russia as well. The All-Union Chamber of Commerce is the parent body of two permanent arbitration tribunals, The Maritime Arbitration Commission founded in 1930 and The Arbitration Court founded in 1932, but earlier support for arbitration can be found dating both to before the revolution and the early 1920s. Most commercial contracts between Russian and foreign entities provide for arbitration as the primary means of dispute resolution, often before one of these two tribunals although the use of foreign tribunals is often accepted as an alternative.

In this volume, Butler provides a clear translation of the major statutory and other documents that control arbitration before each of the major tribunals as well as the provisions for the enforcement of awards of foreign courts and arbitration tribunals and the provisions for ad hoc arbitration. Brief introductions are provided setting the framework for a reading of the documents and a detailed, but unannotated, bibliography primarily of Russian language sources on arbitration is included. Also offered are a series of appendices including: Soviet arbitration legislation now repealed, Soviet legislation on State Arbitrazh (a non-arbitral form of dispute resolution used largely between soviet entities), COMECON documents on arbitration, and a selection of arbitration clauses in Soviet treaties with other nations.

The book is primarily a reference source with very readable translations of the primary documents. For those without Russian language skills it makes the primary documentation available in a concise and convenient form. Little evaluative material is included, and it will serve, therefore, only as a starting point for research on the operation of Soviet arbitration.

* * *

American Bar Association, Attorneys General and New Methods of Dispute Resolution, American Bar Association Standing Committee on Dispute Resolution, 1800 M Street NW, Washington, DC 20036 ($25 1991) (7/91)

Book review by James B. Boskey

One of the most important elements in the acceptance of alternative dispute resolution in the legal community is the adoption of various methods of dispute resolution by official state agencies. For these agencies to adopt these techniques both approval and support of state attorney-general offices is essential, so the cooperation of the National Association of Attorneys General and the American Bar Association Standing Committee on Dispute Resolution to produce this book may serve as a milestone for the ADR movement.

Essentially the volume serves as a primer for Attorneys General and members of their staffs as to the nature and uses of ADR techniques. It offers a series of short articles, some of them based on speeches given by the authors, on a variety of dispute resolution topics. Each article is preceded by a brief executive summary describing its contents and includes a brief biographical note about the author.

The articles are classified into three sections. Those in the first section provide a general background on ADR including an overview by Frank Sander and an useful review of legal issues in dispute resolution by Frederick Woods focusing on questions such as confidentiality, qualifications of neutrals, and the like. The second section has articles, mostly by members of the National Association of Attorneys General, on applications of ADR ranging from farm and consumer dispute resolution through regulatory negotiation and non-confrontational approaches to child abuse and neglect. The final section looks to the future with articles on ombudsmen as mediators in nursing home situations, developments in Ontario, and overview of the future of the field. Also included are a brief list of resources on dispute resolution and bibliography.

This is not a sophisticated analysis of the potential for the use of dispute resolution techniques in state government, but neither is it intended to be. Rather, by using large type and rather straightforward presentations, this book is intended to pique the interest of attorneys general who lack a background in the field and suggest some of the ways in which ADR may help them to improve their states' management of legal tasks. As such it is a useful contribution to the literature.

* * *

Cushman, Robert F., Hedemann, G. Christian and Tucker, Avram S., (eds) Alternative Dispute Resolution in the Construction Industry, Wiley Law Publications, P.O. Box 39300, Colorado Springs, CO 80949-9300 (768pp $95 1991) (7/91)

Book review by James B. Boskey

Outside of the labor-management arena, no industry has been more active in the use of alternative dispute resolution techniques than the construction industry. While the great majority of alternative dispute resolution proceedings in that industry have been arbitrations, in recent years the industry has increasingly begun to use other techniques such as mediation to assist in the resolution of its disputes. There have been any number of books on the use of both arbitration and other techniques in construction disputes, but this new addition to Wiley's Construction Law Library is nonetheless a valuable offering.

In twenty-one chapters, each written by one or more experts in the field, Alternative Dispute Resolution in the Construction Industry offers a detailed analysis of many of the basic legal and practical questions in construction arbitration. Especially noteworthy is the attention paid to the use of arbitration in the international as well as the national arena. While the editors do not use this classification scheme, the various chapters can be seen as falling into three categories. First are a group of chapters that address the various ADR techniques available. These include chapters on the advantages and disadvantages of arbitration, the use of mediation, court-annexed ADR, and other dispute resolution mechanisms. As second group of chapters address some of the many forums that are available for ADR, especially arbitration. Detailed analyses are offered of the Federal Arbitration Act, the American Arbitration Association, the UNCITRAL and International Chamber of Commerce Rules, ADR in Federal Government Contracting, and the range of dispute resolution organizations of the Pacific Rim.

The final group of chapters address practical issues in the implementation of ADR in construction disputes. They include chapters on the selection of neutrals, strategies of presentation, discovery, use of experts, and controlling costs in ADR. Also in this group are chapters on serving as an effective neutral and the process for challenging and enforcing arbitration awards.

As with most volumes that are written by groups of authors there is some degree of unevenness in the chapters. The quality is generally very good, but the author's styles vary considerably. This will not, however, be a problem if one is using the book as intended as a resource on the different issues rather than attempting to read the book as whole. In the latter situation the various approaches become a bit confusing.

* * *

Barrett, Dr. Jerome T., P.A.S.T. is the Future: A Model for Interest-Based Collective Bargaining THAT WORKS!, Barrett and Sons Publishing, 301 Pine Street, Falls Church, VA 22046 (116pp $10 1991) (7/91)

Book review by James B. Boskey

For some people the past is prologue, but for Jerome Barrett P.A.S.T. is a descriptive model for interest based bargaining derived, in large part, from Getting to Yes. Dr. Barrett is an experienced labor mediator, negotiator, etc. who has, apparently in a blast of glory, seen the light of win-win bargaining and dedicated himself to attracting followers to this new faith.

The PAST acronym stands for principles, assumptions, steps and techniques, and is basically descriptive of the process through which interest bargaining takes place. This manual was developed to use in training people to use interest based instead of positional bargaining, especially though not exclusively in the area of labor relations.

As such training manuals go, this one is non-harmful, and probably will, when introduced by a good trainer, provide a basis for developing better negotiation skills. The approach of treating interest based negotiation as the only legitimate means of dealing with issues and "trashing" positional bargaining at every stage, may, however, overwhelm the student and lead to the suggested approach being given less credence than it deserves. The techniques described are unobjectionable, though not especially creative and serve as a suitable introduction for a person who has not thought about interest based negotiations previously.

Unfortunately, P.A.S.T. is the Future suffers from the problems of many self-published works in that it could have used a serious review by an independent editor. The extensive use of bold face (specified words such as interests, issues, and positions are printed in bold every time they appear in the book which is often ten or more times on a page) demonstrates the efficiency of search and replace functions on a word processor, but does little to lend clarity to the presentation of the underlying ideas. Also some of the repetitiveness of the text could well have been relieved by an outside editor who might have pointed out that it is not necessary to contrast position and interest bargaining every time a statement is made about the usefulness of the latter technique.

In a real sense, I am probably being unfair to Dr. Bartlett. This manual was apparently developed to accompany a training course, and for that purpose modern training theory seems to support maximum redundancy as a means of reinforcing the lessons taught. The book will serve well for that purpose.

* * *

American Arbitration Association, Pioneers in Dispute Resolution: A History of the American Arbitration Association on Its 65th Anniversary (1926-1991), American Arbitration Association, 140 West 51st Street, New York, NY 10020 (48pp free 1991) (7/91)

Book review by James B. Boskey

There can be little question but that the American Arbitration Association has been a prime mover in the growth and development of dispute resolution in the United States and the world. From the earliest days of its founding by business leaders seeking to encourage the enactment of "modern" arbitration statutes throughout the United States to its increasing involvement in new forms of dispute resolution and support other organizations that have been encouraging their development, the AAA has been the organization to which the public and the business community have looked for guidance in non-judicial dispute fora.

This pamphlet history of the AAA provides a brief overview of that history looking decade by decade at the development of the organization. It is important to realize that this is not an attempt to provide a history of arbitration, but only on the activities of the AAA. It serves as a pleasant reminder of times past and offers a suggestion of directions that may be coming in the near future.

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Dana, Dan, Talk It Out: Four Steps to Managing People Problems in Your Organization, MTI Publications, P.O. Box 6261, Wolcott, CT 06716 (228pp $13.95 1990) (7/91)

Book review by James B. Boskey

I have a good deal or respect for Dan Dana as he is one of the few authors I know who is able to write a book for non-professionals in conflict management without either talking down to his audience with examples and styles that are more cute than informative or overwhelming them with extravagant detail that is potentially important but too confusing to be useful.

His new book, talk it out! (the lack of capitals is his not mine), deals with organizational conflict and its management for managers whose principal focus is the running of an organization and for whom conflict management is a necessary but not primary skill. After introducing the nature of organizational conflict and providing some idea of the costs that such conflict can impose in the working environment, he presents some of the basic factors that can lead to conflict problems and some of the attitudes that tend to accelerate rather than reduce the consequences of such conflict. He focuses on cultural difference as one source on conflict, but uses this as an exemplar rather than making the mistake of assuming that such difference necessarily leads to or is the primary source of intraorganizational conflict.

The four step method that Dana describes for dealing with conflict is not original in any meaningful sense, but presents a traditional approach in clear language with easy to follow steps which an individual should be able to implement on his or her own. His steps are simply: 1. Find a Time to Talk, 2. Plan the Context, 3. Talk it Out, and 4. Make a Deal. At each step he provides assistance in implementing a process which will lead to a reduction in conflict and allowing parties to continue to move towards a resolution of their issues.

He is also wise enough to know that no one system of conflict resolution will work for all situations and that there are some conflicts which cannot be resolved in an informal setting. By pointing this out and also recognizing that much conflict resolution is non-rational (a point which many scholars in the field overlook), he avoids stigmatizing the manager who fails to resolve a particular conflict and encourages that manager not to give up on these approaches because of a single failure.

This is a book which can be highly recommended to any person who is in a position where he or she is responsible for managing or working with others and which will, if read, substantially improve their interpersonal skills.

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Cornelius, Helena and Faire, Shoshana, Everyone Can Win: How to Resolve Conflict, Simon & Schuster, 20 Barcoo St., East Roseville, NSW 2069, Australia (192pp $16.95(I am not sure if these are US or Australian dollars) 1989) (7/91)

Book review by James B. Boskey

Everyone Can Win is a manual designed for a program to teach people to manage a wide range of conflicts in their life in a positive manner. It draws heavily on win-win negotiations and open problem solving, but focuses not only on negotiation settings, but any setting where any kind of conflict can occur. While it is designed to be usable with a 12 part audio-cassette series "The Resolution of Conflict" it does not require the cassettes to be used either as the base of a training course or for self-education.

Generally I am quite suspicious of what I like to term "happy books" which attempt to tell you to maintain a positive attitude and thereby change your life. My first impression was that this was such a book, but, while it does have many of those characteristics, it is well written, well organized and actually a pleasure to read. The topics are clearly set out, discussed intelligently, and the suggestions made for problem resolution are both creative and realistic. Throughout the book "stories" are effectively used to reinforce the lessons and demonstrate the techniques taught. Unusually, these stories deal with commercial and professional as well as personal and community issues encouraging the reader to take them seriously rather than treat them as incidental material.

The artwork and typography in this volume are also deserving of special note. The simple drawings are well chosen to illustrate the points made and are not, as is often the case, present merely to distract the reader. Outstanding typographic design makes the creative use of fonts and color, which in less competent hands might appear merely busy, a useful guide that keeps one focused solidly on the material at hand.

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Crowfoot, James E. and Wondolleck, Julia M., Environmental Disputes: Community Involvement in Conflict Resolution, Island Press, 1718 Connecticut Ave. NW, Washington, DC 20009 (280pp $34.95(h) $22.95(p) 1991) (7/91)

Book review by James B. Boskey

Environmental Disputes is a the report of a study by the University of Michigan School of Natural Resources Environmental Conflict Project of the nature and forms of citizen involvement in the resolution of environmental issues. Staff of the project performed a detailed examination of several situations where various forms of citizen involvement played an important role in resolving such controversies, short of litigation, and began the process of developing a paradigm for understanding the manner in which citizen groups become involved and the factors that lead success in such involvement.

Substantial care was used in selecting the disputes considered by the project. They range from situations where citizen participation was initiated by the citizen group itself through ones where existing institutions worked to develop citizen involvement in the process. The subject matters of the disputes ranged from use of forest lands and control of groundwater through general regional planning issues, and the role of the citizen groups ranged from direct party to general support of the process.

The book is divided into chapters and case studies. In the "chapters" the authors address the general principles which were discovered through the research. They examine the various stages of the process, focusing first on the tasks necessary for citizen groups to begin to serve as effective participants in the setting of public policy and some of the approaches which were used to implement the process. They then address the structural issues in maintaining the process and techniques of maintaining the effectiveness of the participating organizations.

The seven case studies examine, in reasonable depth, the actual process in each of situations examined. They generally provide a broad overview of the issues and parties involved and an examination of the process that was implemented. Unlike the chapters, which are fairly consistent in their presentation, the case studies range substantially in quality, and in several cases further detail would have been very helpful in understanding the manner in which the process was implemented.

Generally though this is a valuable work. The analysis is well informed by and builds well on the earlier work of Gail Bingham and Douglas Amy amongst others, and the issues raised are serious ones for any public policy negotiation process.

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Cloke, Kenneth, Mediation: Revenge and the Magic of Forgiveness, Center for Dispute Resolution, 1337 Ocean Ave., Santa Monica, CA 90400 (313pp $35 1990) (7/91)

Book review by James B. Boskey

At first in looking at Kenneth Cloke's book Mediation: Revenge and the Magic of Forgiveness, I was sure that I was going to dislike it intensely. The title reflects a level of "true believership" that I generally find difficult to deal with, and the self-published computer printed format is one that often yields a disorganized poorly edited work that is aggravating to read.

In fact each of those characteristics exists in this book, but despite that I find it to be both an intelligent and enjoyable work and potentially a very useful way, in conjunction with an appropriate classroom component, of introducing mediation to an audience that has little or not knowledge of the field.

There are probably as many approaches to mediation as there are mediators. Mr. Cloke's approach is very much that of the therapist, his focus being less on the obtaining of agreement between the parties than on meeting their psychological needs. His first "case study" deals with a "date rape" situation where the mediators' primary role was therapeutic rather than working towards agreement, and many of his other case studies are similarly oriented.

This is not a book that can be used by a student alone to learn about mediation. The case studies included cover a wide range of types of and approaches to mediation and are very clearly set out although they do tend to oversimplify the description of the mediators' roles. The material on the nature and practice of mediation is, however, mostly set out in outline and list form, and an inexperienced reader without guidance will likely miss much of the potential richness the exists between the lines.

Unusually for a book of this kind, Mr. Cloke covers a wide range of types of mediation. He discusses, inter. alia., divorce schools, community and labor mediation as well as the use of mediation in management and organizations. He also addresses international and cross-cultural mediation and the use of mediation as a mechanism for social change. His approach integrates the discussion of mediation techniques throughout the discussion of these different areas rather than separating technique from substance in a manner which is quite effective as a teaching tool. For the instructor, however, it can be awkward as it means that one must teach the entire book. Omission of any one section would eliminate not only the substantive area of mediation, but also the techniques that are taught in that section.

Overall, this holistic approach to mediation and conflict management has a great deal of potential. Periodically in reading the book I would question the validity of including psychological lists (for example on divorce and marriage) but on the whole found the approach valuable and enjoyable.

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Brams, Steven J., Negotiation Games: Applying Game Theory to Bargaining and Arbitration, Routledge, Chapman & Hall, 29 W 35th St., New York, NY 10001-2291 (298pp $49.50(h) $15.95(p) 1991) (7/91)

Book review by James B. Boskey

Developing a full understanding of negotiation, mediation, and arbitration theory requires at least a basic understanding of the mathematical theory of games. While there are any number of mathematical treatises which provide detailed explanations of that theory, until recently there was only one book that addressed it from the viewpoint of a non-mathematician with a focus on negotiation, Howard Raiffa's The Art and Science of Negotiation. That book is excellent, but in order to fully understand his presentation a reasonably sound grounding in mathematics is required, which creates a barrier for many readers. Steven Brams, in Negotiation Games, offers a detailed introduction to the field which requires minimal mathematical knowledge and skill.

That is not to say that even with this book developing an understanding of game theory is painless. The field is a technical one, and Bram cannot avoid introducing many of those technicalities. He does, however, introduce them in an enjoyable manner, using bible stories and well known political situations to set forth the parameters of the approach, and explains clearly how the approaches he describes can be used in analyzing other problems. I must admit that I do not necessarily accept the motives he assigns to many of his characters, but once you accept his factual premises the analysis is clear and helpful.

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Bastress, Robert M. and Harbaugh, Joseph D., Interviewing, Counseling and Negotiation: Skills for Effective Presentation, Little, Brown & Co., 34 Beacon St., Boston, MA 02108 (537pp $20 1990) (11/90)

Book review by James B. Boskey

This new textbook addresses one of the continuing concerns of the ADR movement, the failure of law schools to train students in the interpersonal skills which they will need to function as lawyers. The traditional law school curriculum is at least reasonably effective in the development of analytical skills in and communicating information to law students, but, except for clinical programs and very occasional specialized courses, pays little attention to the functioning of the student as an effective attorney in dealing with clients, other parties, and cooperating and opposing counsel. The assumption is usually made that such interpersonal skills will have been developed before arriving at law school or will be developed independently, an assumption that is often wrong and is made more dangerous by the frequency with which the techniques of law teaching tend to denigrate the importance of or even hinder the development of such skills. The law classroom tends to develop the belief that intellectual intercourse is a substitute for human skills, a dangerous belief for anyone in what is supposed to be, after all, a helping profession.

Batress and Harbaugh begin their attack on this problem with an analysis of the roles of the lawyer and the problems posed by the lawyers traditional "professional mask". This is followed by an analysis of different helping theories, primarily derived from the literature of psychotherapy, which lays the foundation for the remainder of the volume.

Part two of the book looks at interviewing as a process, beginning with establishing the goals of a particular interview, examining different types of interviews and the techniques that make them effective or ineffective, and examining such subjects as verbal and non-verbal cues and psychosocial influences on the interviewing process.

The third segment examines the counseling process, especially the attorney's role in assisting the client in reaching decisions. Special attention is paid to conflicts in the attorney-client relationship and the development of lawyer as counselor.

The final segment deals with the negotiation process. After presenting general theories of negotiation and models of lawyer negotiation, the stages of the negotiation process are examined in detail.

This will not be an easy book for most legal academics to teach from. It assumes, on the part of the instructor, both extraordinary breadth of knowledge and exceptional interpersonal skills. With the proper instructor, however, the resultant course will be of immense value to the students enrolled.

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American Arbitration Association, 140 West 51st Street, New York, NY 10020 offers several new publications (11/90):

Construction Industry Arbitration (78pp $25 ($15 AAA members) 1990)
Commercial Arbitration Rules of the AAA Annotated (37pp $25 ($15 AAA members) 1990)
A Legal Course Outline on New York No-Fault Arbitration (48pp $25 ($15 AAA members) 1990)
A Summary of Court Decisions on International Commercial Arbitration (57pp $25 ($15 AAA members) 1990)

Each of the above publications, issued by the American Arbitration Association was apparently developed for internal use by the Association and is now made available for the general public. Each is provided in a soft-covered 8 1/2 x 11 folder and printed on a laser jet printer for easy reading. Each of them is supplemented by a table of cases.

The Summary of Court Decisions on International Commercial Arbitration offers brief summaries of important United States cases in that area arranged topically. It offers cases dealing with most of the major issues in the area, and would be useful as a starting point for the development of a casebook on the subject or for research in a particular area. The case summaries are limited to one paragraph, and cases that are relevant to more than one issue are discussed separately under each heading.

The Legal Course Outline on New York No Fault Arbitration was apparently developed for a course in this area to be offered by the AAA. Similarly to the Summary of Decisions, it is in essence a collection of case summaries organized in such a way as to allow research on any issue that may arise in such arbitrations.

The Annotated Commercial Arbitration Rules was developed for the use of the AAA's panel administrators. It proceeds rule by rule through the rule set and the standard arbitration clauses for submission of existing and future disputes, offering one paragraph summaries of cases interpreting the rule in question.

The most extensive of these publications is Construction Industry Arbitration 1990. Instead of offering case summaries, it offers brief essays on each of the major issues in arbitration of constructions disputes drawing heavily on case law and using language from the leading cases. In addition, the volume contains the AAA construction industry arbitration and mediation rules, and the US and Uniform arbitration acts. Unlike the other volumes a table of cases is not included.

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Burton, John, The Conflict Series, St.Martin's Press, 175 Fifth Ave., New York, NY 10001 (11/90)

Conflict: Resolution and Provention (295pp $39.95(h) $16.95(p) 1990)
Conflict: Human Needs Theory (358pp $45(h) $16.95(p) 1990)
Conflict: Readings in Management and Resolution with Frank Dukes (295pp $39.95(h) $16.95(p) 1990)
Conflict: Practices in Management, Settlement and Resolution with Frank Dukes (230pp $45(h) $16.95(p) 1990)

John Burton is certainly one of the better known names in international conflict resolution and prevention theory. Having started his career in the Australian Foreign Office, he moved to academia in 1955 and his career has been distinguished by, inter. alia., the publication of several important works in his chosen area.

In 1989, Professor Burton decided to use his year as a Fellow at the United States Institute of Peace to develop a general theoretical approach to conflict prevention (or to use his term "provention") and resolution. These four volumes are the product of this determination, and, collectively, they present both a valuable overview of the conflict resolution (as opposed to dispute settlement) field and a provocative, and possibly useful, approach to analyzing and possibly resolving conflict situations.

The basic approach the Burton promotes is "human needs theory" which focuses on a set of presumed universal needs which are inherent to humanity and which, when their satisfaction is threatened, lead to fundamental conflict. The basic theory, which is derivative of classic structural-functionalism, is less than convincing, but their can be little question that conflict often arises from a threat to fundamental ideas or values.

The first volume of The Conflict Series, Resolution and Provention, sets out the theoretical foundations of Burton's approach. The second, Human Needs Theory, reports the proceedings of a conference convened at George Mason University in 1988 which brought together human needs theorists and conflict theorists to define their common ground. The papers suggest a polite search for that ground, but do not convincingly, at least to my mind, demonstrate a major theoretical breakthrough. The final two volumes address the practices and techniques of managing and resolving conflict. The third volume offers a collection of theoretical papers, while the fourth offers a summary of each of the basic techniques set in a theoretical framework. The latter volume also addresses what Burton distinguishes as "dispute resolution" (situations where fundamental human needs are not directly in issue) to see what lessons can be learned from the techniques developed for working with such disputes.

Overall Burton's work offers an alternative approach to conflict analysis which, while not to my mind convincing, does offer some useful insights into conflict issues. Certainly these volumes should encourage useful discussion and compel others to attempt to present their theories in a similarly unified manner.

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American Arbitration Association, Arbitration and the Law 1988-89, American Arbitration Association, 140 W. 51st St., NY, NY 10020-1203 (356pp $29, 1 copy free to members 1989) (3/90)

Book review by James B. Boskey

The annual report of the General Counsel of the American Arbitration Association is one of the most useful periodical publications available. Published in book form, it offers broad coverage of recent developments in arbitration with some coverage of other areas of dispute resolution.

In the area of commercial arbitration case digests and a series of brief articles are offered on the subjects of general commercial, construction, insurance and medical malpractice and securities arbitration. Similar coverage is offered in the area of labor arbitration and international arbitration, with the latter also including new arbitration legislation or rules from six countries. Legislation dealing with dispute resolution at the federal and state levels is summarized, and new and amended AAA rules are included.

The volume is well supported with a general index, table of cases, and a statutory and jurisdictional index. While much of the information contained in this book is available elsewhere, it serves as a useful compendium for those interested in keeping up to date with developments in arbitration.

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Dotson, A. Bruce, Godschalk, David and Kaufman, Jerome, The Planner as Dispute Resolver: Concepts and Teaching Materials, National Institute for Dispute Resolution, 1901 L St., NW, Suite 600, Washington, DC 20036 (190pp $15 1989) (3/90)

Book review by James B. Boskey

One of the most important functions the National Institute for Dispute Resolution has served has been to support the publication of teaching materials for various disciplines to introduce the use of dispute resolution techniques. The most recent addition to the NIDR Teaching Materials Series is this volume which is designed to be used for the training of planners-specifically students of land use planning. Rather than preparing a textbook, the authors have provided a guide which supplies reading materials, exercises, and discussion cases around which such a course can be organized.

The volume begins with an extended essay on the planner as dispute resolver. This sets the framework for an understanding of why such a course is useful and provides an introduction to the structural features of dispute resolution. It is supported by appropriate references to other books in the field which will allow the student, or professor, to expand his or her knowledge of the area.

The second section of the book consists of three exercises/games which provide students the opportunity to try their hand at dispute resolution and to understand the techniques involved in the process. The first game, the Map Game, is a simple, two person or team, non-zero sum game which balances competitive and cooperative instincts while still providing a winner and a loser at the end of the process. The Sea Pines Plantation game is based on a hotel development controversy at Hilton Head, South Carolina, and is a two party game designed to be scored against an efficient frontier (ie a best mutual result). The third game, Farmland Conversion, is a three party game allowing for the development of coalitions and a range of settlement options. Each of the games can be completed in about 1 hour, although a longer period may be appropriate for the second and third games if the time is available. Each of the games is accompanied by teaching notes and has appropriate information to be provided to each of the participants,

The final section of the volume offers three discussion cases for use in a seminar setting. Different approaches to dispute resolution are presented and ways of dealing with party response are major issues to be considered. Each of the cases seems likely to encourage lively debate in the classroom.

While the materials are primarily designed for use by planning students, both the exercises and the discussion cases raise issues that are generic in dispute resolution, and, as such, could provide useful tools in other types of classrooms as well. Anyone teaching in the dispute resolution area could gain useful insights from a review of this volume and might well find much of it directly applicable to their classroom.

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American Arbitration Association, Arbitration and the Law 1989-90: AAA General Counsel's Annual Report, American Arbitration Association, 140 W 51st St., New York, NY 10020-1203 (340pp $35 1990) (3/91)

Book review by James B. Boskey

The annual report of the General Counsel of the American Arbitration Association is always a valuable document including a wide range of information about recent developments in alternative dispute resolution with an emphasis on arbitration. The volume this year is broken down into five sections: commercial arbitration, labor arbitration, international arbitration, legislation dealing with dispute resolution, and new rules.

The commercial arbitration section offers case digests of litigation that occurred during the year in four areas: general commercial, construction, insurance and medical malpractice, and securities. In addition various brief articles on subjects of interest are included in several of those areas. Similarly case digests and brief articles are offered in the labor arbitration area.

In the area of international arbitration, the case digests and brief articles are supplemented by reports on new legislation and arbitration rules from seven countries and the International Chamber of Commerce. Also included are reports on recent developments in an international arbitral setting.

The legislation section offers the dispute resolution sections of recent federal legislation including the Financial Institutions Reform Act, the Americans with Disabilities Act, and the Clean Air Act. Also included are actions of the Administrative Conference of the United States and the new Tax Court rule permitting arbitration. Similarly state law developments in 10 states are covered and several brief commentaries offered on state developments.

Finally, under the New Rules section, the International Arbitration Rules of the World Arbitration Institute are set forth.

As always this is a very useful book which provides a convenient way of remaining up-to-date with recent developments in the field. The items are clearly set forth and the useful indexes make the work of especial value.

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Carbonneau, Thomas E., Lex Mercatoria and Arbitration, Transnational Juris Publications, P.O. Box 7282, Ardsley-on-Hudson, NY 10503 (350pp $85 1990) (3/91)

Book review by James B. Boskey

One of the most actively debated theoretical issues in private international law is that of whether it can properly be said that there exists a Lex Mercatoria (law merchant) governing international commercial arbitration independent of the various national laws that may govern any particular case. Recent decisions of the French courts have suggested the existence of such a "higher" law by allowing the parties to specify the governing rules for arbitration in their contract even where those rules appear to directly contradict the usual governing law even on questions that implicate at least some areas of public policy.

The contrary view suggests that it is meaningless to talk about such an independent legal regime, and that what is seen by others as a law mercatoria is merely an acquiescence in party autonomy in choice of law by national courts and the acceptance as controlling of trade practice on a procedural as well as a substantive basis. At its most basic level, this approach would treat all of the questions suggested by the advocates of the existence of a law merchant as merely issues in the conflicts of law.

The practical importance of the distinction between the two schools of thought is muted by the adherence of most major commercial nations to various treaties encouraging the use of arbitration in international disputes (eg. UNCITRAL), and the general acknowledgement, whether under lex mercatoria or national statutory and case law, of extraordinary party autonomy in this area. Nonetheless, there are important potential consequences should this issue eventually be resolved in favor of the existence of a lex mercatoria as it would make it clear that law can develop without a centralized implementing body other than in the public arena, and would encourage the development of other similar bodies of law through customary development.

Thomas Carbonneau's new volume addresses these questions with a series of articles by parties on both sides of this dispute. The articles, which are consistently well written, deal with all aspects of the controversy presenting proposed rules which are deemed to be a part of the lex mercatoria, theoretical justifications for its existence, and practical evidence from judicial and legislative action on the one side, and counter evidence of all sorts on the other. The clarity of the arguments and the sophistication of the debate make this volume a pleasure to read and a model for the manner in which academic debate should be presented. The volume draws on the proceedings of two colloquia that were presented at Tulane Law School by the Eason-Weinmann Center for Comparative Law and is one of the first publications from the new Transnational Juris Publishers.

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Cutrona, Cheryl, et. al., Dispute Resolution and Democracy in the 1990's: Shaping the Agenda, Society of Professionals in Dispute Resolution, Suite 512, 730 Rhode Island Avenue, NW, Washington, DC 20036 (328pp 1990) (11/90)

Book review by James B. Boskey

This volume is the annual proceedings of the 1989 Annual Conference of the Society of Professionals in Dispute Resolution (SPIDR) which was held in Washington, DC in October 1989. As regular readers may remember, I have always considered SPIDR conferences to be amongst the most enjoyable that I attend, and, while I missed this one, the proceedings suggest that it was as valuable as its predecessors.

Cutrona and her associates have done their usual excellent job in the coordinating and editing of the manuscript and in development of the subject index to the papers included. The papers selected for inclusion cover a very wide variety of subjects, from theoretical to practical and from international to local in scope. It is difficult to select one or two papers for special notice from such a wide ranging group, but Michael Catto's piece on "The Role of Art and Design in Community Bridge Building in Northern Ireland" and Maria Volpe and John Louden's "Hostage Negotiations" stand out as pieces which particularly piqued my interest. I can comfortably recommend this volume to anyone as the breadth of subject matter means that almost anyone will find at east something of interest.

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Davis, Gwynn, Partisans and Mediators, Oxford University Press, 200 Madison Ave., New York, NY 10016 (215pp $52 1988) (7/90)

Book review by James B. Boskey

Gwynn Davis is probably the most eminent English researcher in the area of divorce and divorce mediation. This volume presents the conclusions that she has reached during her career as a researcher as to the nature of the divorcing process and the role of different players in that process. While her studies have all taken place in England with English law casting its "shadow" the conclusions that she reaches are of universal value.

Davis's approach to divorce is to examine each of the participants in the process and to evaluate their respective responses to the divorcing situation and the influence of those responses on the parties. She begins with the parties themselves, and then deals with mediators, partisans, welfare investigators, and the courts as additional participants. The presentation is a relatively anthropological one, using extensive quotations from her research subjects, but she puts the material into useful theoretical frameworks, drawing conclusions where possible and recognizing the limitations of her data where conclusions cannot be drawn.

For anyone interested in the divorcing process, this book is obligatory reading. It is one of the clearest presentations of research that I have ever had the pleasure of reading, and the conclusions are clearly and meaningfully drawn.

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American Bar Association, Dispute Resolution First Aid Kit for Attorneys, American Bar Association, Section of General Practice, 750 North Lake Shore Dr., Chicago, IL 60611 ($25 1990) (7/90)

Book review by James B. Boskey

Talk about cute! The American Bar Association Standing Committee on Dispute Resolution and Section of General Practice have put together an introductory kit of materials on dispute resolution for the attorney who would like to to know mopre about the area but does not know how to ask.

The kit, which comes in a specially designed box inclujdes the Standing Committee's pamphlet, Alternative Dispute Resolution: An ADR Primer, a pamphlet about the activities and publications of the Standing Committee, and a set of file folders entitled: ADR Advantages, Providing ADR Guidance to Clients, Law Firm Implementation of ADR, ADR in Different Legal Situations, Conclusion Articles, and Appendices: ADR Law and Law Firms Using ADR, each containing reprints of selected articles or other materials on ADR subjects. While not a highly sophisticated introduction to the subject, this may be just what the average lawyer needs to attract his or her attention, not too painfully, to the possibilities of ADR for the benefit of the client and the lawyer.

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Administrative Conference of the United States, Negotiated Rulemaking Sourcebook, 1990, Adminstrative Conference of the United States, Suite 500, 2120 L St. NW, Washington, DC 20037 (one copy free 923pp 1990) (7/90)

Book review by James B. Boskey

Negotiated Rulemaking is "what is happening" in many areas of administrative law. Instead of an agency proposing a set of rules on a particular topic, putting them out for comment, and then litigating the content of those rules through the traditional administrative procedures, the agency calls a group of interested parties to participate in drafting the original rules, thereby hopefully making the first published draft more acceptable and gaining the investment of the interested parties in the process and the product. The effect can often be to allow rules to be implemented both more swiftly, as fewer objections are received and more effectively, as issues that might otherwise be overlooked are included.

This volume contains a mass of material on all aspects of such negotiated rulemaking from descriptions of the process to evaluation of its effectiveness in various federal agencies. It is must reading for anyone with an interest in the application of ADR in the administrative process.

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Cutrona, Cheryl, ed., Selected SPIDR Proceedings 1987-88, SPIDR, Suite 909, 730 Rhode Island Ave., NW, Washington, DC 20036 (223pp 1989) (3/90)

Book review by James B. Boskey

Amongst my favorite professional meetings, SPIDR conferences have to rate near the top. Unfortunately, I am often too busy to attend, and, one cannot realize the ambiance of these meetings from a book, SPIDR has provided an opportunity to obtain much of the substance. A SPIDR conference is always filled to overflowing with many exciting presentations, and this volume collects some of the best of those from the 1987 and 1988 meetings.

In addition to the presidential addresses and plenary presentations from each of the meetings, the papers selected cover a wide range of issues and address a similar range of expertise. Several papers address basic concepts in dispute resolution while others range to the exotic. Unfortunately, in many cases only a synopsis of a session was available, but even there good ideas can often be drawn form the summary. My preference in putting this volume together would have been to focus on the longer and more analytical papers and to omit session summaries, but what is included is often of value. For anyone who needs to understand the range of what is happening in the ADR field, this volume will provide a good overview.

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Clarke, Stevens H., Donnelly, Laura F. and Grove, Sara A., Court-Ordered Arbitration in North Carolina: An Evaluation of its Effects, Institute of Government, CB# 3330 Knapp Building, UNC-CH, Chapel Hill, NC 27599-3330 (82pp $10 1989) (3/90)

Book review by James B. Boskey

One of the major complaints about most research on dispute resolution topics is the failure of the researcher to meet the stringent requirements for control groups paralleling the test group and for reporting impressionistic rather than substantive conclusions. The study reported here establishes that serious quality research that responds to these objections can be performed, and establishes that, at least in the context of the material studied here, alternative dispute resolution techniques can substantially improve the administration of justice.

In 1985 North Carolina introduced an experimental program of court-ordered arbitration in all civil cases with a claim of less than $15,000 in three judicial districts (one urban, one rural and one suburban), excepting certain types of cases (ie. family, injunctive relief requested, etc.). The Supreme Court in establishing the program required each of the districts to randomly assign cases to arbitration or a control group, and this study reports on a comparison of the results of the arbitration process as compared to the control group of cases. It is worth noting that the only penalty assessed for a de novo appeal of an arbitration award was the fee of the arbitrator, typically $75 and therefore not enough to prevent such appeals on a hardship basis.

The study clearly demonstrates that the arbitration process was both more efficient and more acceptable to the parties than the traditional court process. A similar number of cases in both categories were contested, and the contested cases in the arbitration group were finished more rapidly, regardless of attorney involvement, and were rarely the subject of de novo appeal. In addition, the parties found the arbitration results more acceptable than they found the results of the judicial determination and clearly preferred the arbitration process regardless of their success on the merits.

This study is an extremely important one as it clearly establishes much of what the arbitration community has been saying about the effectiveness of arbitration in many kinds of disputes. The results will provide an important string to the bow of those who are seeking to establish similar programs in other courts and regions of the country.

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Bryant, David L., Judicial Arbitration in California: An Update, The Rand Corporation, PO Box 2138, 1700 Main St., Santa Monica, CA 90406-2138 (51pp $7.50 1989) (3/90)

Book review by James B. Boskey

Judicial Arbitration in California is an update of the original Rand study of the mandatory arbitration scheme in California for cases valued originally under $15,000 and now under $50,000. While the program has been made non-mandatory, for funding reasons, it continues to be one of the most active civil mediation programs in medium claim situations. It is not a detailed study, but does indicate some limited effects of the program and acknowledges its continued acceptance, albeit at a lower level, by the courts and the bar. Of note in the findings is the fact that arbitration has not captured an increasing share of civil cases as it has matured, but appears to have stabilized and become institutionalized at its earlier level. Trial de novo requests, post-arbitration, have increased from 38% to 60%, but this is less significant than it seems as only about 3% of cases actually go to trial.

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Blalock, Hubert M., Power and Conflict: Towards a General Theory, Sage Publications, 2111 West Hillcrest Drive, Newbury Park, CA 91320 (280pp $35h $16.95p 1989) (3/90)

Book review by James B. Boskey

Boulding, Kenneth, Three Faces of Power, Sage Publications, 2111 West Hillcrest Drive, Newbury Park, CA 91320 (262pp $28 1989) (3/90)

Book review by James B. Boskey

Clegg, Stewart R., Frameworks of Power, Sage Publications, 2111 West Hillcrest Drive, Newbury Park, CA 91320 (272pp $49.95h $18.95p 1989) (3/90)

Book review by James B. Boskey

One of the effects of the dispute resolution movement in the academic sphere is that it has compelled a reexamination of some of the fundamental assumptions of political and social science by demanding that resources that were often disregarded in evaluating the forms of social organization be considered. In addition to this movement, the increasing attention paid by historians and others to popular movements and the role of the "proletariat" in influencing political direction has led to the conclusion that traditional models which focused only on the leading figures in society provides a misleading picture of patterns of societal development.

Of the various topics that have been the subject of this reexamination, none is more important, from the dispute resolution viewpoint, than that of power. In the mediation literature a great deal of attention has been paid to the manifestations of power and the means of controlling such manifestations in a dispute resolution setting. In these three volumes the issue of power and its manifestations is examined on a more philosophical and theoretical basis. Much of the analysis that is offered will need to be thought through by the mediation community as it will provide new outlooks on the ways in which dispute resolution techniques can be effectively employed in a wider range of settings.

Ken Boulding is described on the flyleaf of his book, quite properly, as one of "the magisterial figures in the field of social science." Three Faces of Power is both a very personal statement by him on the nature of and appropriate goals for a society and an extraordinary analysis of the nature of power and the means of its exercise. Although he uses various typologies to describe the nature of power, two of his classification schemes form the fundamental basis for this analysis. The first divides forms of power by source into threat power, economic power, and integrative power. The second looks to the uses of power, categorizing those uses as: destructive power, constructive power, and integrative power.

The overlap in the category of integrative power is by no means accidental. Boulding's primary focus is on the function of power as allowing the integration of individuals into a collective whole and allowing them to function in a manner that is beneficial to the collective. He argues that overemphasis is traditionally placed on threat and economic force as sources of power and that society is benefitted by recognizing the integrative nature of power and utilizing it in such a manner as to permit the protection of the broadest range of individual interests in a collective setting.

As with much of Boulding's recent writings this is not a research work in the traditional sense. Rather it draws upon the wisdom acquired over a lifetime and presents it in a highly readable while fully analytical manner.

Hubert Blalock is also no newcomer or unknown in the field of sociology and policy sciences. While he is perhaps best known for his work in statistical and analytical methods and race and ethnic questions, he has also written extensively on social theory.

His approach to power and conflict is quite different from that of Boulding. He is attempting to develop a general theory of the use of power in conflict situations and the book is heavily focused on the development of analytical models and issues of what factors are, or may be, determinative in the origination, continuation, and conclusion of a conflict situation. In this context he treats power as a given, but recognizes that power can take many forms and that its exercise or non-exercise may be related to a wide range of factors.

Generally Blalock looks at power from a functionalist approach, ie as the ability to compel some action or response from another. Boulding's concept of integrative power is implicitly recognized as a reality, but is not seen as true power in the sense in which Blalock uses the term.

The volume is somewhat dense, in that it requires careful study to understand and evaluate the models presented, but it is well written and, both for its own modeling and for Blalock's skill in drawing together the broad literature on conflict modeling, is of great value.

Stewart Clegg is a Professor of Sociology in Australia, and his volume offers a more traditionally academic approach to the study of the concepts of power in a historical and contemporary framework. After beginning with a review of Hobbes and Machiavelli as the origins of theories of power, he proceeds to look to the more modern theorists who have taken power studies beyond the range of political philosophy and into the venue of sociology. Beginning with the elitism approach of Floyd Hunter and its critics and a side glance at the power of intention from Weber and others he looks in detail a Lukes and the epitomologists and at Giddens' critique of Parsons. He then examines the post-structuralists, Foucault et. al., and closes with an examination of the circuits of power theories.

The book is designed to be used with an advanced class in sociology, but it provides a wealth of information about the modern approaches to power on a theoretical plane. It is well written and extremely well documented and provides a very useful guideline to the development of modern thinking in this area.

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Carbonneau, Thomas E., Alternative Dispute Resolution: Melting the Lances and Dismounting the Swords, University of Illinois Press, PO Box 6525, Ithaca, NY 14851 (336pp $34.95 1989) (3/90)

Book review by James B. Boskey

Tom Carbonneau has written one of the most thoughtful books on the subject of Alternative Dispute Resolution yet published. Starting from a highly theoretical and comparative perspective, he examines the question of methods of "truth-finding" in different legal systems and the consequences of selecting one or another of the approaches used. He then examines the use of arbitration as a means of dealing with transnational adjudication and the differences in viewpoint that derive from differing approaches to determining the reality that is presented by differing types of disputes.

Having done this, he next deals with the issue of whether differing types of disputes require a uniform approach to truth finding and adjudication and convincingly makes the case for the use of different systems depending on the nature of the dispute in question. He provides a detailed examination of marital and tort issues and the way in which different approaches to resolution of these disputes will aid in their more effective resolution.

Finally, Carbonneau presents his conclusions in the form of a revision in the manner in which attorneys should be trained. He provides a detailed curriculum for the first year of law school which combines humanistic and interdisciplinary courses, a detailed examination of the methods of the truth finding and legal analysis, and an introduction to several basic areas of substantive law.

The approach used in this volume should substantially inform the debate over the introduction of alternative dispute resolution techniques into legal practice and in the training of lawyers. While the book is densely written, the ideas are very well thought out and the perspective is an important one which has not received the attention that it should.

* * *

American Bar Association, State Legislation on Dispute Resolution, The American Bar Association Standing Committee on Dispute Resolution, 1800 M St., NW, Washington, DC 20036 (120pp approx. 1988) (7/89)

Book review by James B. Boskey

One of the most useful compedia in the dispute resolution area is the periodic listing from the American Bar Association Standing Committee on Dispute Resolution of state legislation. The new edition, which contains nearly 300 statutes addressing a wide range of issues is not a comprehensive list, but will provide a good overview of state activity in this area. Each statute listed is classified as to substantive area and dispute processing technique involved and the purpose and provisions of the statute are briefly summarized.

In addition to the basic statute summary, the volume provides a table of information about the calendar of state legislative sessions for 1988 and phone numbers that will provide access to information about state legislation. In addition the text of eight of the more important pieces of recent state legislation is included in full.

* * *

Dana, Daniel, Managing Differences:How to Build Better Relationships at Work and Home, MTI Publications, P.O. Box 6261, Wolcott, CT 06716 (182pp $7.95 1989) (7/89)

Book review by James B. Boskey

Much of the literature on dispute resolution has been directed to professional dispute resolvers, mediators and arbitrators, however, some of the most important writing in their field has been directed towards the general public, ie. Fisher and Ury Getting to Yes. Daniel Dana's new work falls into this latter category, and, while not rising to the level of the Fisher and Ury work, offers a solid contribution to this literature.

Mr. Dana is an active mediator, dispute resolver, and trainer in dispute resolution techniques. He is best known for his work on "Managerial Mediation", but he has also been active in spreading the dispute resolution gospel to the general public through his training sessions which have been listed regularly in this newsletter. In this volume, Mr. Dana offers a structured system of dispute resolution applicable to interpersonal disputes and encourages individuals in the perception that their disputes can be resolved in an effective and efficient manner.

While Mr. Dana points out his general distaste for "self-help" book, a prejudice which I share, he is unable, in this work to escape the general problem of such books of overenthusiasm for the self-help process. The model which he promulgates, the "4-Step Method" is a useful technique for the resolution of relatively narrow and clearly identified disputes, but is not, contrary to his suggestion, one which is applicable to almost any interpersonal conflict. The highly structured approach makes it less than useful in any case where there is an imbalance of perceived power between the parties and especially where the person seeking to use the approach is the less powerful participant. It requires substantial initial cooperation between the parties, and Mr. Dana unduly minimizes the difficulty of obtaining such cooperation from a position of weakness.

Despite this limitation, this guide offers a useful analysis of one approach to the resolution of disputes, and, if the allegations of universality are not taken too seriously, will provide useful assistance to those interested in working out their problems in an effective manner. The language is clear, if overenthusiastic, and the book is well organized and easy to read. Mr. Dana makes substantial use of the Fisher and Ury approach to negotiation within the context of his framework, certainly a plus in terms of providing an understanding of the underlying as well as the formal process. While not an academic tome, Mr. Dana's approach might well be useful as an analytical starting point for the analysis of dispute resolution for an undergraduate class as it focuses the reader's attention clearly on the appropriate considerations.

* * *

Erickson, Stephen K. and Erickson, Marilyn S. McKnight, Family Mediation Casebook, Brunner/Mazel, 19 Union Square, New York, NY 10003 (180pp $27.50 1988) (7/89)

Book review by James B. Boskey

The Ericksons have prepared a useful book for introducing the concept of Family Mediation, but one that contains many useful ideas and approaches for the experienced mediator as well. As directors of two mediation services they bring to this work a wide range of experience and practical insights presented in clear and effective prose that is enjoyable to read.

The book begins with a historical and theoretical overview of the mediation process. This is followed by an examination of the range of types of intervention that are used by the family mediator and an evaluation of the manner in which each is used. This chapter also considers issues such as the physical and emotional setting for the mediation.

The major portion of the book, however, is the case presentation and analysis section. Each of the next five chapters presents a single case, in one two cases, which exemplifies a class of mediations and allows for the discussion of a variety of issues. This case approach is a useful one as it avoids the oversimplification that occurs when case segments are used to point up a single issue and demonstrates effectively the complex interrelationships of issues that occurs in real mediation.

Two of the cases selected are of special interest. One, the case of Ron and Sue, deals with a divorce mediation in a spouse abuse setting. The use of mediation in such settings is suspect, but the Erickson's, without downplaying the problems posed, demonstrate, at least to my satisfaction, that mediation can be effective in some such situations. The second case of particular interest is the case of Christine, which deals with a mediation amongst the maternal grandparents of a child and the child's illegitimate father over custody. Too little attention has been paid to such non-matrimonial custody mediations, and the problems posed in this case provide a useful introduction to an important potential mediation function.

* * *

Dyer, Clare, Fair to the Family: A Conciliation Approach to Divorce and Separation, Mediation in Divorce, 133 Rosslyn Road, E. Twickenham, Middlesex, TW1 2AR, England (2.50 40pp 1988) also from the same source How to Help Children When Parents Split Up (0.30 6pp nd) (7/89)

Book review by James B. Boskey

These two pamphlets from Mediation in Divorce provide a useful basis for reexamining the approach of many mediation centers to their role and the manner in which they express that role to their clients. Many mediation center brochures which I have seen focus almost exclusively on the mediation process and on the interests of the divorcing couple. In contrast, the pamphlets from mediation in divorce recognize as a primary, if not the primary, problem of divorce the effect of the termination of the marriage on the children.

The major item, Fair to the Family, provides a guide to persons who are seeking divorce about the nature of the post-matrimonial problems that they can expect. It begins with a description of the financial and social implications of divorce, both for parents and children, and then goes on to discuss the best manner of dealing with children's problems in a divorcing family. Only after that discussion, and an introduction to the role of counsel and the legal system, does it proceed to discuss how conciliation and other mediation approaches may be useful to a divorcing couple. This is, as a result, the fairest and most useful brief introduction to mediation for potential clients that I have seen, and I recommend it, as a model, to all those who are regularly involved in the divorce mediation process. The pamphlet also includes a useful list of English resources for divorcing families and recommended reading lists for parents and children.

The shorter pamphlet is similar in style and focuses on the need for parents to maintain communication with each other around children's issues and the need of children for continuing contact with their parents. It also provides some simple approaches to easing the strain of divorce for the children.

* * *

Dublin Family Mediation, Mediation: A Postive(sic.) Approach, Dublin Family Mediation Service, Block 1, Floor 5, Irish Life Center, Lower Abbey Street, Dublin, Ireland (3 1988) (7/89)

Book review by James B. Boskey

In thinking about mediation we often forget the range of cultural factors that may impinge on the mediation process, especially in the area of marital mediation. This pamphlet, which offers 6 papers from a conference sponsored by the Dublin Family Mediation Service, provides a strong corrective to any such limitation of view.

Ireland may be the only, but is at least one of the few, nations in the world which do not recognize divorce as a remedy for a failed marriage. The traditional attitudes are so strong that one of the principle foci of the Dublin Service has to be to convince potential mediation clients that it is permissible for them to recognize that their marriage has failed and that a separation may be an appropriate remedy for their situation.

The papers presented here must be read with this cultural setting in mind.

Having taken this into account, the presentations made are interesting and creative. Of particular interest are Maura Murphy's Separating with Dignity within the Irish Value System and Mary Lloyd's Shaping Agreements in the Irish Context. The other papers, while well prepared are more traditional in looking at the basic structures of mediation in a family context. Also included in the appendices are a statement of value assumptions underlying mediation, the rules of mediation as applied by the Service and a discussion of the session with the children.

* * *

Davis, Gwynn and Roberts, Marion, Access to Agreement: A Consumer Study of Mediation in Family Disputes, Open University Press (England) Taylor and Francis, 325 44th St., NY, NY 10017 (8.95 1988) (7/89)

Book review by James B. Boskey

Many of the studies of the divorce mediation process have examined the process from either a theoretical point of view or have constituted reports from mediators on their evaluation of the process. Those that have examined the issues of consumer satisfaction have generally been based on sociological models which provide statistical data, but may often disguise the actual and detailed response that would be most useful in understanding the functioning of the process. Davis and Roberts, in contrast, have used an anthropological model to study the effectiveness of divorce mediation, basing their analysis on detailed interviews with participants in divorce mediation through the South-East London (Bromley) Conciliation Bureau.

By employing this approach the authors provide a much more intimate view of the mediation process. 51 parent who had participated in the process were interviewed in depth and in 12 cases both parents were included in the process. As a result we are able to understand not only the role of the mediation process as it affected these individuals, but also the interaction between the mediation process and other influences, both internal (eg psychological) and external (eg the role of counsel) on the resolution of marital disputes. What this provides is a much more realistic assessment of the effectiveness of the process than would otherwise be seen. We are provided with much of the raw material which will allow for the development of theoretical models as to which parties will be responsive to the process, and what forms of mediation will be most effective.

In all, this book provides a great deal of useful information that will be of great assistance in the development of further analyses of the mediation process as well as raising new issues which have received far too little attention to date.

* * *

Dingwall, Robert and Eekalaar, John, Divorce Mediation and the Legal Process, Oxford University Press, Walton St., Oxford, OX2 6DP, England (20 1988) (7/89)

Book review by James B. Boskey

Divorce Mediation and the Legal Process presents a collection of papers prepared at the Centre for Socio-Legal Studies at Oxford during the fall of 1985. The papers, which are quite good, present a wide range of topics divided into three categories: Current Practice, Mediation on Court Premises, and Mediation Out Of Court. Two of the papers in the first group relate to the English situation with Eekelaar and Dingwall presenting The Development of Conciliation in England and Richard Ingleby, The Solicitor as Intermediary, while two are American with Pearson and Thoeness providing The American Picture and Felstiner and Sarat discussing Negotiation Between Lawyer and Client in an American Divorce.

Mediation in the Courts is presented in an English view by Gwynn Davis and a Japanese one by Satoshi Minamikata, while non-court affiliated mediation is discussed by Dingwall, Eekalaar and Simon Roberts. The final paper is by Anne Griffiths, looking at Mediation, Conflict and Social Inequality: Family Dispute Processing among the Bakwena of Botswana.

* * *

Assefa, Hizkias and Wahraftig, Paul, Extremist Groups and Conflict Resolution, Praeger, 1 Madison Ave, NY, NY 10010 (161pp $39.95 1988) (11/88)

Book review by James B. Boskey

In several of the recent issues of this newsletter I have been raving about the excellent series of articles that have appeared in Conflict Resolution Notes about the potential for the use of conflict resolution in the MOVE crisis in Philadelphia. Those articles have now been substantially expanded and collected into this book, and the product is even better than one would have expected from reading the articles.

Probably the most difficult challenge for dispute resolution is dealing with situations in which powerful ideological viewpoints make resolution of a crisis difficult. The MOVE situation, which finally came to national attention with the bombing of the move house and the consequent burning of a residential section of Philadelphia represents an excellent example of this situation.

The book lays out the historical setting of the MOVE crisis in substantial detail and then examines the processes of third party intervention which were used, successfully at an early stage and unsuccessfully later, to attempt to resolve the questions. It provides an acute analysis of problem solving in such crisis situations and also offers guidance in dealing with dispute resolution in situations of extreme cultural difference.

While the book is overpriced for its 161 page length, it is highly recommended as it raises important questions and deals with a subject matter that has received too little attention by the dispute resolution community.

* * *

American Arbitration Association, Arbitration and the Law, 1987-88, American Arbitration Association, 140 W. 51st St., NY, NY 10020, (368pp $29 1988) (11/88)

Book review by James B. Boskey

This annual publication provides, as usual, a comprehensive update on the law of arbitration. Case digests are offered in 6 fields of commercial arbitration, labor arbitration and international arbitration, and commentaries are offered in various fields written by the American Arbitration Association legal staff. In addition, the section on international arbitration offers the new Swiss statute on International Arbitration and two sets of arbitration rules, one from the Stockholm Chamber of Commerce and one from the International Chamber of Commerce. Also included in this section are descriptions of recent developments in the international sphere.

Two other sections of the volume deal with legislation on dispute resolution throughout the United States and provide copies of new American Arbitration Association rules. Also provided are useful general, statutory and jurisdictional indexes and a table of cases. There is no better way to remain au courant with current developments than these reports, and they are therefore essential reading for those seriously interested in arbitration.

* * *

Bendahmane, Diane B. and McDonald, John W. Jr., Perspectives on Negotiation: Four Case Studies and Interpretations, Center for the Study of Foreign Affairs, Foreign Service Institute, Department of State, Washington, DC (315pp $7.50 1986), order from U.S. Govt. Printing Office, Washington, DC 20402 (stock # 044-000-02113-7) (7/88)

Book review by James B. Boskey

Perspectives on Negotiation is the product of a series of symposia and workshops presented by the Center for the Study of Foreign Affairs during 1984. Each one day symposium dealt with a major international negotiation and was attended by both academics and practicing members of the foreign service.

Two of the symposia reported here dealt with completed negotiations (The Panama Canal Treaty and the Independence of Zimbabwe) and two dealt with then ongoing negotiations (The Falkland/Malvinas Islands Crisis and the Cyprus Dispute). Speakers followed a common framework for the evaluation of negotiations

The book presents each of the negotiations in its historical setting, and then describes the negotiation process and the issues considered. As to the completed negotiations, there is also an examination of the effectiveness of the process and the consequences of the procedures used. Finally, in a section called "Interpretations" is a series of four papers on theoretical issues raised by the negotiation processes. Also included is a bibliography.

The case studies provided in the book are very useful, especially in being prepared by representatives of various views and interests that were involved in the process. They provide both useful analysis of the particular situation and will provide a basis for the study of international negotiation in a classroom setting.

* * *

Bienfeld, Florence, Child Custody Mediation: Techniques for Counselors, Attorneys and Parents, Science and Behavior Books, P.O. Box 60519, Palo Alto, CA 94306, ($12.95 1988) (7/88)

Book review by James B. Boskey

Florence Bienenfeld is a Senior Marriage and Family Counselor with the Los Angeles, California Conciliation Court. One of her major roles with the court is child custody mediation, and her extensive experience with this form of mediation has led her to develop a clear and useful model for such mediation.

Mediation in this setting is quite different from what is generally seen in divorce mediation. The issues under discussion are limited to custody and visitation, and most mediations are completed in a single, or at most two, sessions. In addition, the fact that most of the cases dealt with are court referred places different tensions on the parties than in general mediation.

The model which Dr. Bienenfeld describes for these mediations involves far more counseling than is often seen in a mediation context. Also, the degree of commitment to reaching an agreement is somewhat less than otherwise might apply as the parties can proceed from the mediation to the court for a resolution of their dispute in relatively short order. Also of importance is the extensive contact between the mediator and the children and the serious effort made to bring the children into the dispute settlement process so that they, as well as the parents, have the opportunity to "buy into" the solution reached.

The book is clearly written and clearly demonstrates the broad expertise of its author. Dr. Bienenfeld is comfortable with the involvement of attorneys as well as the party and does not hesitate to provide excellent advice to the attorney as to how to respond to mediation as well as to the mediator.

The book is highly recommended as presenting a very different approach to mediation, which has been fully tried and has proven itself.

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Binnendijk, Hans (ed.), National Negotiating Styles, Center for the Study of Foreign Affairs, Department of State, Washington, DC (157pp $4.50 1987) (7/88)

Book review by James B. Boskey

It comes as no secret to those involved in negotiations with nationals of foreign countries that national negotiating styles vary radically, and that a lack of understanding of such issues of style will compromise the effectiveness of the best or best-intentioned negotiator. Issues ranging from the best time to begin the negotiation process through the pattern of interaction between the parties, can have a serious influence on the ability of two or more parties to reach agreement or on the terms on which such agreement is reached.

The Center for the Study of Foreign Affairs, a unit of the Foreign Service Institute of the United States Department of State, has begun to address these issues in the context of intergovernmental negotiations with six different countries.

While the issues involved in negotiations at this level are often different than those in commercial settings, there is a great deal to be learned from these essays by the commercial as well as political negotiator. Each essay places a national negotiation style in an historical and cultural context, and explains how the style may have developed from the past experience of the state in question. While individual commercial entities within a state may be less directly influenced by these factors, they will often play a role in creating a style of negotiation. In addition factors such as past weakness or strength that influence governmental styles of negotiation may have similar effects on commercial entities, even though they are not from the same cultural background.

Each of the six essays in this work is written by an expert in political science and/or a person experienced in negotiation with the nation in question. The essays follow an agreed pattern, beginning with historical and cultural influences on negotiation style and then turning to specific techniques of negotiation used. The essays are pragmatic and will be helpful to any reader in planning an appropriate negotiation strategy. The six nations whose negotiation styles are discussed here are: The Soviet Union, Japan, France, Germany, Mexico and Egypt. As a brief sidenote, as I was preparing to review this book, discussions of interpretation of the INF Treaty between the Soviet Union and the United States were in the news. The issues in question were one's that one would have expected to be problematical from a reading of the appropriate chapter of this book.

* * *

Carpenter, Susan L. and Kennedy, W.J.D., Managing Public Disputes: A Practical Guide to Handling Conflict and Reaching Agreements, Jossey-Bass, 350 Sansome Street, San Francisco, CA 94104 (305pp $24.95 1988) (7/88)

Book review by James B. Boskey

Unlike many of the books currently being published on mediation and other dispute resolution techniques, Carpenter and Kennedy's work is directed not at the professional dispute resolver or community activist, but at the professional manager. The authors have recognized that the great majority of public disputes do not require or attract the attention of a professional in dispute resolution, but are resolved, to the extent possible, by those who are regularly involved in dealing with the substantive issues underlying the problem.

The term "public disputes" as used in the title of the book may require some explanation. The authors are concerned with the resolution of complex disputes, involving, typically, more than two parties, where the issues are frequently not self-defining. In addition, the type of disputes discussed involve generally some strong ideological commitment on the part of at least one party to the dispute. These are, of course, the most difficult disputes to resolve.

The book begins with a descriptive analysis of the types of public disputes and an examination of the reason that such disputes often get out of hand. It then provides a series of examples of ways in which conflict can be dealt with productively, and an approach to developing an effective program of conflict management. The second portion of the book describes a process for the management of public disputes, from the analysis of the conflict through the reaching and carrying out of agreements. Finally, the third section deals with problems that may arise in the conflict resolution setting and ways of preventing such problems from preventing effective dispute resolution.

The authors, who have both been associated with ACCORD Associates, write clearly and provide a clear and professionally useful framework for dispute resolution. The book will amply repay the attention not only of its intended audience, but also of any professional dispute resolver.

* * *

1. 527 F. 2d 966 (2d Cir. 1975).

2. He says nine, but I believe in treating Canada a single nation not as two separate ones.

The Alternative Newsletter, Copyright © James B. Boskey, 1988-1995. All rights reserved.

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