Book Reviews by James B. Boskey

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

Topical Index
Reviews: S-Z
See also A-E | F-L | M-R
Links to Other Reviews and Annotations

Topor, Lucienne, La Médiation Familiale (Series: Que Sais-Je), Presses Universitaires de France, 108 Boulevard St. Germain, 75006 Paris, France (128pp 40ff 1992)

Book review by James B. Boskey

This book is part of an extended series of volumes published by the Presses Universitaires intended to provide the public with solid and concise, but accurate, information about a wide variety of subjects. The book is divided into two sections: the first addressing in two chapters the recent spread of family mediation in France, and the second taking a socio-legal approach to family mediation.

The first chapter, dealing with the reasons for the growth of the process in France, begins with a discussion of the sources of demand for family mediation-partly from the problems faced by divorcing couples looking for a "good divorce" and partly from professionals dealing with social problems who needed a way to better respond to this issue and the problems faced by children in the divorce situation. It continues with a discussion of some of the changes which have facilitated the adoption of family mediation and then looks at some of the foreign experiences with mediation that have encouraged that development.

The second chapter looks briefly at the growth of mediation in the private sector as an outgrowth of the social work profession and briefly discusses the techniques used in mediation.

The second section attempts to place family mediation in its legal context. The first chapter looks at mediation in family law texts and in the practice of law. A second chapter examines references to mediation in the arts.

The book is more useful for one who already understands the nature of mediation than for the beginner in the field for whom it is supposed to be designed. It is generally weak on mediation process and its strengths lie in the reviews of the existing state of mediation in France.

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Six, Jean-François, Le Temps des Médiateurs, Editions Seuil, 27 Rue Jacob, Paris VIeme, France (284pp 99ff 1990)

Book review by James B. Boskey

Le Temps des Médiateurs is a volume advocating the adoption of mediation in all settings, especially as to public issues. Six is a strong advocate and experienced writer, his prior works having focused primarily on religious issues, who has taken the mediation approach to heart and is prepared to promote mediation as worth the effort in all dispute situations.

The book begins with a description of mediators, known and unknown, and institutional mediators. His unknown mediators, identified only be first names, are individuals who use mediation techniques in life situations to resolve conflicts of all kinds. His known mediators are similar public officials and well known individuals who have used similar techniques in the public arena.

Six then turns to the 1980's, which he sees as the decade of mediation, looking at uses of mediation or mediation like approaches in the media, cultural issues, family, social issues, labor, justice and politics. He proceeds to define mediation, setting it apart from negotiation and conflict resolution as a separate process. He states, as the essential feature of mediation, the use of a third party who serves as an analyst and communicator of the issues before the parties.

The final chapter of the book examines the mediator, especially the personal qualities and training needed to be effective. It also offers a discussion of mediator ethics.

Overall the book is a lively one. While the definition of mediation is somewhat broader than that used elsewhere, it is a useful approach, and the strength of the advocacy for mediation makes the book of real importance.

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Sande, Corlette, Conflict Resolution Kids' Style: A Detailed Curriculum for Teaching Children How to Resolve Conflict, Institute for Christian Conciliation, 1537 Avenue D, Suite 352, Billings, MT 59102 (168pp $20 1994)

Sande, Corlette, Conflict Resolution Kids' Style (Study Guide comes with audiotape) Institute for Christian Conciliation, 1537 Avenue D, Suite 352, Billings, MT 59102 (19pp $12.95 1994)

Book review by James B. Boskey

Corlette Sande, at the beginning of Conflict Resolution Kids' Style: A Detailed Curriculum says that this book is a simplified version of Ken Sande's The Peacemaker. In so stating she does herself an injustice, as, while the two volumes are clearly related, her work in developing this curriculum elaborates and expands on many of the principles of The Peacemaker, as well as making them accessible to elementary school students. This is not a peer mediation, or indeed any mediation, training program, but rather an introduction to conflict and its management from the perspective of the individual child who will be or is involved in conflict situations.

I should note that the description in the title of the book "a detailed curriculum" is an understatement. Ms. Sande provides, for each lesson, a detailed script for the teacher to follow as well as lists of supplemental activities to support the lesson, bible references to consider in connection with the lesson, and a summary of special materials that the teacher will need to teach the lesson appropriately. For the teacher with limited or no background in conflict analysis, the program could be taught by rote following the script, while for the more experienced teacher the script will provide a useful starting point for provoking interest and discussion amongst the children.

It is important to realize that this is very much a fundamentalist Christian curriculum". Each lesson is headed by a "key Bible verse", additional bible references and bible stories are used throughout, and each lesson ends with a closing prayer. The attitude that children's first obligation is obedience and first concern should be sin is explicit, but the child's potential for creativity is given good reign within these boundaries.

Given the religious orientation, this is a very well designed curriculum for teaching about conflict and response to conflict. It is designed for use in a Christian school or home study program, but would also be adaptable for use in a Sunday school as well. The curriculum focuses on individual choices and the consequences that follow from them and will assist the child in clarifying his or her approach to decision making. The approaches recommended may strike some as excessively passive, but this appears consistent with the underlying religious philosophy of Ms. Sande.

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Smith, Melinda, ed., Youth Mediation Resource Guide, National Resource Center for Youth Services, College of Continuing Education, University of Oklahoma, 202 West Eighth St., Tulsa, OK 74119-1419 (144pp $14.50+$5shipping 1994)

Book review by James B. Boskey

The purposes of the Youth Mediation Resources Guide are best stated in language from its introduction. "The purpose of the resource directory is to: establish a national data base of youth serving agencies and community mediation agencies interested in initiating or continuing joint work in youth mediation programs; facilitate information exchange and networking among agencies at state and national level; identify and describe program models that have been developed in mediation and conflict resolution for children, youth and families; and examine models of cooperation and collaboration among community mediation agencies and public and private youth service agencies."

Given those goals this book is very much a prolegomena. The opening essay provides a useful typology of mediation programs involving children and youths, but inclusion of an agency in the state by state list appears to have been more haphazard than not. Various groups supplied lists of their members or the address data bases, but the resulting group of agencies, at least for states where I am relatively familiar with the picture, is both extremely incomplete and somewhat misleading. In fairness, this should not be surprising. Considering the thousands of children and youth services agencies around the country and the similar, or perhaps even greater number, of mediation programs with a community or social service bent, one should not anticipate that comprehensiveness is possible. Note also that the agencies which responded to the questionnaire for inclusion were both self-selected and self-describing. Thus one must take with a grain of salt some of the descriptions by the agencies of the type or extent of services rendered. Also included is a list of national organizations in mediation/conflict resolution, violence prevention, youth services, and juvenile justice, a brief list of possible sources of funding for youth mediation programs, a bibliography, and an index of programs. Overall, this volume will be of some use in providing contacts for those reaching across state lines for program information, but hardly offers any comprehensive analytical base. Providing such contacts is a useful function and all that could reasonably be expected.

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Sande, Ken, Managing Conflict in Your Church (comes with 8 audiotapes), Institute for Christian Conciliation, 1537 Avenue D, Suite 352, Billings, MT 59102 (232pp $125 1993)

Book review by James B. Boskey

Oxymoronic though it may seem, there is no place that typically more conflict ridden that a church, and one of the most important aspects of clerical education, albeit one that is often overlooked, is in conflict management. Ken Sande, author of The Peacemaker, has prepared these materials to support the seminar he offers under the same title or for self-study. Like the materials described above in the review of Conflict Resolution Kids' Style, the orientation of the program is Christian fundamentalist with a heavy biblical component.

The materials are divided into two sections, the first looking at conflict resolution processes and the second at legal safeguards. It is further supported by a series of 10 appendices containing useful documents discussed or referenced in the general materials. These documents are made available on disk to those who attend one of the seminars.

The training begins with an examination of the nature of conflict and the range of possible responses. The responses are classified by type and biblical citations are provided as examples of many of the types or response. Problems are posed for analysis using biblical themes to present means of resolution and to suggest approaches to engaging those in conflict in the process of peaceful settlement. The focus in on the role of the neutral (pastor, elder, or other) and the use of Christian principles to bring the factions together. The final section of this part deals with church discipline and focuses on the appropriate and inappropriate use of this sanction as a means of compelling resolution and acceptance of the resolution, with serious attention being paid to the risks of legal liability that may attach to misuse of the process. This section is not designed to train the reader or attendor to serve as a mediator, but rather to improve that person's individual conflict resolution skills and his or her perception of the nature and risks of conflict in a church setting.

The second section deals with legal safeguards. After an appropriate disclaimer making it clear that neither the book or seminar purports to provide specific legal advice, it proceeds to lay out the reasons why church officials need to be concerned with legal liability and some of the basic types of actions that are commonly brought against such defendants. Distinctions are drawn between churches that are heavily involved in personal ministry and those that are not, and basic good practices for each are set out. Also provided are a list of legal steps needed to protect against liability and some suggested forms for their implementation.

The second section of the training has little relevance to the conflict resolution issues with which this newsletter is concerned. The first section provides a reasonable overview of conflict issues in a church setting, but is probably not generalizable beyond fairly fundamentalist Christian churches. For those involved in managing such a church, the manual and the seminar would probably be useful.

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Weintraub, Russell J., International Litigation and Arbitration: Practice and Planning, Carolina Academic Press, 700 Kent St., Durham, NC 27701 (528pp $45 1994)(Teacher's Manual 57pp 1994)

Book review by James B. Boskey

Weintraub's International Litigation and Arbitration: Practice and Planning, while an excellent casebook for a course on international litigation in the United States course, is somewhat of a disappointment from the viewpoint of a teacher who has a major focus on alternative dispute resolution. From the title I had expected a book that would balance litigation and arbitration as means of dispute resolution in an international setting. Instead, the focus of the book is on the litigation of cases with an international element in the United States courts, and arbitration is discussed essentially only in a single chapter at the end of the book and the question of litigating in foreign courts is given minimal, if any consideration.

The arbitration chapter itself is fairly limited. It presents the texts of the Inter-American and Settlement of Investment Disputes conventions and the UNCITRAL Model Law and a few brief notes on each, a nine page section including one case and a few notes on the subject of judicial enforcement, and about five pages on the Iran-US Claims Tribunal. While this could be supplemented with other material, the failure to even deal with such basic subjects as the New York Convention in a serious way means that a course based on this book is likely to pay little serious attention to the many intellectually and practically interesting questions that are raised in the international arbitration context.

Some of the materials from the other sections of the book will be of interest to those involved in international arbitration. Good discussions of the extraterritorial impact of United States law and of the Foreign Sovereign Immunities Act raise questions that international arbitrators may well be forced to confront. Overall, however, this is a book for the litigator, not the arbitrator or dispute resolver.

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The Study Group, International Commercial Arbitration: Seminar Documentation, The Study Group for International Commercial Contracts, 46-48 Malling St., Lewes BN7 2RH, England (~600pp 85? 1994)

Book review by James B. Boskey

The Study Group is a major provider of seminars on international commercial law issues including negotiation, alternative dispute resolution, environmental, and other issues. Its seminars, which are designed for sophisticated business people and members of the bar involved in international trade, are held in England and Switzerland on a regular basis. Judging from the materials included in this volume of seminar documentation, they must be amongst the most fully developed and sophisticated trainings available on international dispute resolution and contracts issues.

The seminar for which this documentation is designed is a five day seminar on international commercial arbitration. The first part of the volume is divided according to the days of presentation, and provides detailed information about the nature of arbitration and the factors in selecting to use arbitration, the form of arbitration clauses, the locations where arbitration can be held and the nature of the proceedings. Detailed references are provided to a wide range of arbitration service providers, and analysis offered of the national laws, institutions, and rules available in each setting to permit the intelligent selection of both situs and process. Extensive materials from law reviews, special reports and the like are included. Following this material on selection of an arbitration site, similarly detailed materials are included on the arbitration process, including the duties of arbitrators, the law governing the dispute, the form of awards and the process for their enforcement, etc.

The second part of the volume consists of an extensive appendix containing national laws, international conventions, institutional arbitration rules, and ad hoc arbitration rules. The collection is one of the most complete available outside of the encyclopedic collections published by Oceana and covers most of Europe and North America.

Overall this volume provides outstanding information about the nature and practice of international commercial arbitration and would be of value to anyone practicing in the field, although its value would clearly be substantially enhanced by attendance at the supporting seminar.

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The Study Group, Alternative Dispute Resolution, The Study Group for International Commercial Contracts, 46-48 Malling St., Lewes BN7 2RH, England (122pp 25 199?)

Book review by James B. Boskey

The Study Group's (see above review for information about the Group itself) manual on Alternative Dispute Resolution formed the basis for a seminar organized by the Chartered Institute of Arbitrators, CEDR, and other groups in London in 1990. The papers included are brief, but generally well written summaries of their subject matter. The purpose of the conference was to encourage the development of mediation and other non-arbitration ADR techniques in Britain, and it appears to have laid a solid foundation for that process.

Omitting the editorial note and Lord Wilberforce's introduction and summing up, the volume consists of eleven papers. Karl Mackie and Edward Lightburn, in separate papers examine the activities of CEDR in pressing the development of mediation and conciliation processes, while Anthony Canham does the same for the Chartered Institute of Arbitrators Dispute Resolution Service. Ronald Bernstein provides a similar service for court-annexed arbitration.

These papers are followed by a discussion by Michael Cohen of the training of mediators and conciliators, and a paper by Henry Brown on mediation in family matters. Two papers, Mark Littman on Lloyds and Kenneth Severn on the construction industry, look at specific applications of these processes, while the international viewpoint is addressed by Jack Lemley with an examination of dispute resolution provisions in the international setting, and comparative looks at Hong Kong by Arthur Marriott and the United States by Eileen Carroll.

The papers provide a reasonably broad ranging look at conciliation processes in Britain and are a valuable documentation of the state of thinking about alternative dispute resolution at a particular moment in time.

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Stacey, Hillary, Let's Mediate: Conflict Resolution for the Primary Classroom, Catalyst Consultancy, 14 Rushmore St., Leamington Spa CV31 1JA, England (52pp 17 1994?)

Book review by James B. Boskey

Let's Mediate is a manual on the teaching of mediation in primary schools. It offers ideas for the development of a peer mediation program for children 8 years of age and older. After an introduction to the nature of mediation and the reasons for teaching mediation in the schools, it begins by focusing on the stages of mediation (using a four stage model) to define the role of the mediators and describes the skills that must be developed in the disputants for mediation to be effective.

The basic approach of Let's Mediate is to focus on five areas of skills: affirmation, cooperation, communication, listening, and mediation. A typical lesson structure begins with warm-up games, and follows through discussion and several activities to a closing discussion and ending game. The book describes games, discussion topics and activities which can be used to focus on each of the skills and suggests links to other areas of the curriculum which could be helpful in setting the stage for the lessons. The activities are described fairly briefly, but with ample information to allow them to be implemented by an interested teacher. Many of them require additional materials, but these are, for the most part, ones that should be readily available in most primary schools. Much use is made of drama, story-telling, and games to maintain the interest of the children.

The manual would be very useful to any elementary school in developing its own peer mediation program or in expanding the range of activities used in existing training.

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Walton, Richard E., Cutcher-Gershenfeld, Joel E. and McKersie, Robert B., Strategic Negotiations, Harvard Business School Press, 60 Harvard Way, Boston, MA 02163 (400pp $35 1994)

Book review by James B. Boskey

Strategic Negotiations presents a major rethinking of the labor negotiation process by several of the leaders in the application of negotiation theory to labor-management relations, Richard E. Walton, and his colleagues. The traditional model of negotiation in labor settings was described by Walton and McKersie in their now classic work, A Behavioral Theory of Labor Negotiations. The new volume builds on the theories presented in that work and revises them in light of the changes in the nature and manner of labor negotiations in the past decade or so.

The basic change that the authors see in the form of labor relations is that traditionally most negotiations took place in a context which assumed a particular social contract between labor and management. This restricted the range of subjects of negotiation in most cases and allowed for a relatively structured negotiation situation, with renegotiation of contracts taking place at regular intervals and the primary activity between such negotiations being focused on contract interpretation and grievance issues. With the globalization of the economy and international competition playing an increasing role in industrial settings, this social contract has been increasingly irrelevant. More and more both labor and management have had to develop systems that allow for flexibility on the work floor, systems which require the continuous renegotiation of work rules and related issues as circumstances change. One major result has been increasing cooperation between labor and management, not so much on traditional issues, but in developing new ways of work. In evaluating this change the authors see two alternative management approaches: fostering or forcing change, while recognizing that in most cases management strategies involve a mix of these routes.

To evaluate and analyze the changing process, the authors have looked at the "change histories" of thirteen plants or companies in three industries: pulp and paper, auto supply, and railroads. They offer detailed analyses of the form of negotiations that have occurred in these settings and draw from that general principles which determine their effectiveness.

While the book is highly theoretical in its orientation, drawing heavily on both labor and negotiation theory, the presentation is clear and effective. The questions raised are important ones, and anyone active in the labor-management arena will want to consider their conclusions.

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Schoene, Lester P. and DuPraw, Marcelle E., Facing Racial and Cultural Conflict: Tools for Rebuilding Community (2d ed), Program for Community Problem Solving, 915 15th St. NW, Suite 600, Washington, DC 20005 (89pp $20 1994)

Book review by James B. Boskey

The Program for Community Problem Solving's Facing Racial and Cultural Conflict: Tools for Rebuilding Community is a manual on the use of collaborative problem solving techniques to resolve racial and cultural issues. After describing several examples of such conflict in various communities, it sets forth a primary model for such collaborative efforts, discussing problem identification and the selection of a process manager to put a collaborative process in place.

The collaborative problem solving model is described in substantial detail. The process of identifying the stakeholders, setting the ground rules, establishing time frames, beginning the process, creating solutions and implementing them are all considered.

Having set out the basic model, in a clear and relatively non-controversial manner, however the manual then goes forward to offer a somewhat less usual perspective on the process by recognizing and discussing the underlying cultural assumptions that infect the basic model and which may make it inappropriate in particular settings. Five alternative models of collaborative decision making are described: from a New York Latino community, a gay community in San Francisco, Hawaii, Native people in urban settings, and China, with a discussion in each case of the reasons for the differences in approach and the advantages of taking account of the cultural differences that they display.

This is followed by a discussion of how to organize collaborative processes when the organizer is not of the participating group and when the participants are from different cultural groups or backgrounds. Finally some alternative that are not based on the collaborative problem solving model are discussed.

This is a well written and well thought out manual. Challenges to majoritarian cultural assumptions are stated clearly but not in such a manner as to promote resistance to their consideration. This is a valuable manual to share with municipal and other governmental agencies who face cultural and racial conflict problems as well as for use by community organizations.

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Voos, Paula B., Contemporary Collective Bargaining in the Private Sector, ILR Press, School of Industrial and Labor Relations, Cornell University, Ithaca, NY 14853-3901 (552pp $29.95 1995)

Book review by James B. Boskey

This volume arrived just as I was closing out the newsletter, so I have not had an opportunity to review the individual articles. Nonetheless, considering the source, I am confident that the material will be of the highest quality. This book is the product of a conference held in Detroit in February 1993. By titles the papers discuss collective bargaining practice in the paper, meatpacking, aerospace, steel, auto assembly, auto supply, truckers and teamsters, telecommunications, textiles, construction, hospitality, and agriculture. Two more general articles provide a retrospective on the 80s and a look at the future from a management standpoint.

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Umbreit, Mark S., Mediating Interpersonal Conflicts: A Pathway to Peace, CPI Publishing, PO Box 678, West Concord, MN 55985 (292pp $11.95 1995)

Book review by James B. Boskey

Mark Umbreit is best known in the dispute resolution community for his outstanding research and writing on restitutionary mediation in the victim-offender context, but his interests in dispute resolution in general and mediation in particular have been far broader than that. In Mediating Interpersonal Conflicts: A Pathway to Peace he draws on his extraordinary breadth of knowledge to provide a philosophical introduction to the nature and use of mediation in a wide range of settings and to propose a highly individualistic and somewhat controversial approach to the field.

The book is formally divided into three parts, although the consistency in Umbreit's vision demands that the book be read as a whole. The first part offers introduces the nature of conflict and the ways in which individuals commonly respond to conflict, and then provides an overview of mediation, defining it, setting forth a generic model, contrasting mediation with therapy, and looking at some of the cultural factors that may influence approaches to mediation. Umbreit's approach becomes clear early on. He is a simplifier in the best sense of the word. Rather than weaving the complex theoretical webs that are often drawn by conflict theorists in describing the mediation process, he presents a rather straightforward four stage analysis of what happens in mediation. This has the advantage of clarity, although it tends to gloss over some of the subtleties that others might consider important. For example, in his generic model, the entire conduct of the mediation is identified as a single stage, perhaps suggesting to the unwary that the mediation sessions themselves are less fundamental than he clearly recognizes that they are. His approach is also overinformed by the community and victim-offender models which tend to resolve small matters rapidly, and is less open to the extended mediation that may be necessary in more complex cases.

The second section of the book examines six specific mediation settings: community, school, divorce and child-custody, parent-child, victim-offender, and informal intraorganizational mediation of staff conflict. In each area his extensive knowledge of the literature, research orientation, and practical experience combine to provide clear and direct descriptions of common approaches and analytical evaluations of the effectiveness of the processes. Again, however, he tends to take the view that there is usually only one correct form of mediation to be used in each of the areas, although acknowledging that others are employed. Despite that limitation, the breadth of his knowledge of the manner in which each area has developed provides the reader with as good an understanding of the origins of modern mediation as is available anywhere.

In the final section Umbreit presents his own theory of mediation, and it is here where I must differ from him most strongly. He identifies three distinct understandings of the purpose of mediation: efficiency, protection of rights, and empowerment and recognition. He then proceeds to offer so limited a meaning for the first two as to make them all but meaningless, and to place his focus solely on the empowerment issue. In doing so, he denigrates much of the field that he has so well described, and accepts as fundamentally valid only one approach to the use of mediation. He fails to recognize that his own descriptions mandate in most cases a combination of goals and a method that can reflect that combination effectively. He then proceeds to present his approach to mediation, described as "A Humanistic Mediation Model". The model, however, is not truly humanistic, but rather offers a patchwork of politically correct philosophical tidbits in a new age matrix. This leads to an emphasis on the mediator "centering" him or herself before each session, and a suggestion that mediation is less than effective unless the parties are facing each other (unless their native culture prohibits that position). He adopts Lois Gold's idea of "a preference for peace" and a "paradigm of healing rather than problem solving", appropriate in a therapeutic milieu, but far more questionable in a mediation setting. He does not make the mistake of forgetting that resolution of disputes is, and must be, the primary focus of mediation, but his acknowledgement of this could be lost by a less than careful reading. When he focuses on the mediation process itself, his approaches are useful and valuable, but again there is a likelihood that the new age tone may lead the inexperienced reader into misunderstanding the range of specific skills needed and the amount and type of investment in training and study needed to acquire them.

Despite my obvious concern over certain aspects of this book, it will nonetheless be quite valuable to experienced mediators and, with appropriate guidance, to those learning about the field. Umbreit writes very well, and his oversimplifications in dealing with process are not reflected in his historical and descriptive analysis of programs and areas of mediation. A book to be read with care, but which will solidly repay such a reading.

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Wheeler, Terrence, Conflict Management in Schools: Sowing Seeds for a Safer Society: Final Report of the School Conflict Management Demonstration Project 1990-1993, Ohio Commission on Dispute Resolution and Conflict Management, 24th Floor, 77 S High St., Columbus, OH 43266-0124 (26pp 1995)

Annotation by James B. Boskey

In 1990 the Ohio Commission on Dispute Resolution began a statewide demonstration project, eventually involving almost 40 schools from urban, suburban, and rural areas, developing programs on dispute resolution in those schools. The programs ranged from classroom training in conflict and its resolution to peer mediation. This report offers a summary of some of the experience gained in that program.

Unusually, there is no attempt here to provide a statistical summary of results. Rather, the underlying principles involved in the program are set forth, and quotes from students, parents, school personnel, and others are used to describe their effectiveness. The report begins by noting five principles of school conflict management programs, and follows with a discussion of the need for such programs, approaches, findings from the demonstration, and, finally, a vision for the future. The report is encouraging and upbeat and a good source of ideas for those working in schools and related programs. An unusual report on an extraordinary program.

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SPIDR, Ensuring Competence and Quality in Dispute Resolution Practice: Report No. 2 of the SPIDR Commission on Qualifications, SPIDR, 815 15th St., NW, Suite 530, Washington, DC 20005-2201 (29pp $8.50 (members $5) 1995)

Book review by James B. Boskey

The issues of competence and quality in dispute resolution practice are fundamental to the professionalization of the field and the provision of appropriate services to the public. In 1989 the SPIDR Commission issued its first report on the subject calling for a variety of organizations to cooperate in the development of standards, for performance rather than credential based evaluation, and for the scope of regulation to be controlled, at least in part, by the amount of choice the parties have in participation in and selection of a process and neutral. This report expands on those basic principles and recommends a seven step framework for the evaluation and promotion of quality.

The seven step approach does not attempt to define what constitutes quality services, but rather the questions that should be asked in making such a determination. These issues should be addressed by an organization or group of organizations that are dealing with the evaluation of competence. The seven issues are (detailed discussion of them being beyond the scope of this review): context, responsibility for ensuring competence, what is the practice, the meaning of competence, the process of achieving competence, assessing competence, and the use of assessment tools to assure quality.

While the seven steps proposed are broad and will not define the particular process in any program or case, this report will clearly law a strong foundation for the development of new assessment procedures. As such it will be mandatory reading for all program administrators and most practitioners.

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WIPO, Conference on Rules for Institutional Arbitration and Mediation, World Intellectual Property Organization, WIPO Arbitration Center, 34 chemin des Colombettes, 1211 Genève 20, Switzerland (191pp 1995)

Book review by James B. Boskey

In January 1995 the World Intellectual Property Organization (WIPO) convened a conference in Geneva, in conjunction with the Swiss Arbitration Association, on Rules for Institutional Arbitration. This volume reports in detail the papers presented at the conference and the commentaries and discussion that followed each of the papers. The discussion is intelligently summarized so that the major issues under discussion are presented.

After the opening addresses, seven issues were addressed in individual papers. The issues included; The commencement of proceedings, constituting the tribunal, conducting of the proceedings, the decision, fees and costs, the WIPO fast-track rules, and mediation rules. The papers, while generally brief, all take comparative approaches, usually using the WIPO rules as the basis for comparison and looking at other sets of major arbitration rules such as UNCITRAL, the London Court of Arbitration, etc. The papers are clearly written and well edited and provide a good deal of useful information. This volume will provide useful information for anyone involved in the international arbitration process to use in selecting where to submit a dispute.

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Working Together, Valuing Diversity: Facilitating Cross Cultural Communication and Conflict Resolution, The Conflict Resolution Network, P.O. Box 1016, Chatswood, NSW 2057, Australia (150pp $A285 1995)

Book review by James B. Boskey

Until several decades ago, Australia was one of the least culturally diverse nations in the world, however, in the past several decades that situation has changed radically as changes in immigration policies and a willingness to accept political refugees have led Australia to develop and welcome an extraordinarily diverse cultural mix. Working Together, which was established in 1991 as an affiliate of the Conflict Resolution Network, and which has since merged with the Cultural Diversity Program of that Network, is dedicated to encouraging harmony amongst peoples of various backgrounds and perspectives in the workplace and elsewhere. They provide extensive consultation services using a systems approach to dealing with diversity issues.

Valuing Diversity is a program designed to be used by a facilitator primarily in a workplace setting, although it is adaptable to other settings as well, to develop an understanding of cultural identity and improve the quality of cross-cultural communications. The program is divided into five modules: Diversity in the Workplace, Effective Cross-Cultural Communication, Perceptions of Power and Expressions of Emotion, Working Together: Resolving Conflicts and Collaborative Negotiations, and Strategies for Integrating Diversity Principles in the Workplace. The entire program is designed to be presented over a four day period, with the individual modules estimated to require between two and four hours. Much of the program is modeled on a wheel, representing the unity of the information and approaches provided.

Each of the modules begins with an Introduction, setting forth the basic issues to be considered and the goals or learning outcomes that are expected from participation. These are followed by a series of exercises, each setting forth a background, specific aims and learning outcomes, the time required, the procedures for the facilitator, activity notes to assist the facilitator in assuring the purposes are served, and a list of materials needed and any issues in the setting in which the exercise is to be completed. The exercises are clearly described and all information needed to implement them is included. Handouts for the participants are included in copyable form in the appendix for each of the modules.

Overall, this is an excellent training program on diversity issues. It can be implemented as a complete program, or the facilitator/trainer can select specific areas of focus appropriate to the group on training. The exercises are clearly thought out and, while there is a unifying philosophy and approach, the materials are adaptable to allow modifications of the focus to meet the needs of specific audiences or organizations. There is little or nothing in the program that is Australia specific, and it can easily be adapted for use in other nations.

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Schwerin, Edward W., Mediation, Citizen Empowerment, and Transformational Politics, Praeger Publishers, 88 Post Road West, PO Box 5007, Westport, CT 06881-5007 (224pp $55 1995)

Book review by James B. Boskey

Transformational politics is a new, and somewhat undefined, specialty within political science. Fundamentally, it appears, it looks to reconstruct analysis of political and power allocation functions with a focus on the individual rather than the collective, whether that collective be a formal or informal body. It focuses on the empowerment of the individual and the use of collaboration and cooperation as mechanisms to improve human interaction. It resembles in many respects the communitarian movement in political and social science and promotes many of the same values and attitudes.

One of the principal factors in transformational theory is that of empowerment of the individual. Empowerment is considered an axiomatic good, and a powerful force in achieving the public good as well, although, again, the precise meaning of empowerment is less than clear and standards for measuring it have not been developed.

In the writings of mediation theorists as well, mediation has been described as an empowering device, indeed, it has been suggested by some authors that empowerment is one of, if not the, principal benefits of mediation. Little empirical work has, however, been attempted to measure this effect other than anecdotal reports on particular cases. In light of the ambiguity of the term, this is perhaps not surprising.

Schwerin, in this volume, makes a serious effort to address one aspect of this problem, the question of mediation empowering the mediator rather than the mediation client, with a serious empirical study based in the Honolulu Neighborhood Justice Center (HNJC) in Hawaii, one of the largest and best organized such centers in the country. He began this study by developing a formal, and generally satisfactory, multifactored definition of empowerment and then developed an instrument which measures the extent to which an individual feels generally empowered. Starting with the hypothesis that mediation experience will increase the individual mediator's feeling of empowerment, he compares those who are about to commence mediation training, those who have recently completed such training, experienced mediators, and experienced mediators who hold or have held leadership positions in the HNJC.

What is most fascinating is that this does not occur. Trainees feel clearly more empowered after their training than before it, hardly sunrising in that the training, like most mediation training, is specifically designed to improve the trainees sense of empowerment. The experienced mediators, however, scored consistently lower on empowerment than the post-training trainees and scored higher on some disempowerment scales than even the pre-training group. The leaders did feel more empowered than the experienced mediators, as one would expect, but this greater feeling of empowerment related specifically to measures of control of others and disappeared where the measure was internal control and avoidance of happenstance.

The meaning to assign to these results is less than clear. Schwerin is not fully convinced of the accuracy of the measures and suggests that there is a need for the development of other instruments to measure empowerment and for comparative data to be developed. I must admit that I find the results, however, to be revealing of a reality which I have suspected was true but had little evidence existed. Mediators are trained to feel that they are effective in resolving disputes because of the skills that they have developed in their mediation training. They are also convinced that amongst these skills is an increased perceptiveness which allows them to identify solutions that would otherwise rest undiscovered. Anecdotal evidence confirms that this in fact occurs and reinforces the belief in the effectiveness of the techniques.

On the other hand, if one discusses with experienced mediators their successful and unsuccessful cases, they are usually able to describe what techniques worked or failed to work, but often unable to identify why a technique that worked in one case failed in another. Experience as a mediator is a humbling process because, even though one is usually successful, failure is always possible, and it is rarely possible to tell in any given case whether it will occur. Thus mediation trainees may believe that they have the world by the tail, but experienced mediators are usually "running scared" as they try to determine what will work on the ground.

An additional factor that influences many mediators is an uncertainty is they represent, in most cases, anything more than a Lordstown effect. Those with a background in industrial psychology will remember the Lordstown experiment where it was demonstrated that any expression of third party interest had an effect that overwhelmed other factors that might influence productivity. Perhaps the reason for the lack of empowerment of experienced mediators is a fear that the presence of an untrained seamstress dummy might have the same effect as their presence.

All of this is, however, mere speculation and beyond the scope of Schwerin's book. The book as presented is an important one as it takes seriously and offers a first real attempt to measure empowerment of mediators in a community justice setting. If the results do not reflect our biases or expectations, that makes them more rather than less valuable. The book is well written although it does carry more of the tone of a dissertation than makes for easy reading. It raises important points for consideration by the mediation community and makes a serious attempt to begin to answer them.

* * *

Shaughnessy, Edward J., Conflict Management in Norway: Practical Dispute Resolution, University Press of America, 4720 Boston Way, Lanham, MD 20706 (115pp $37.50 1992)

Book review by James B. Boskey

Edward Shaughnessy, a Professor of Sociology at John Jay College of Criminal Justice, offers, in this book, an examination of three aspects of conflict management in Norway. One of these, the discussion of low level criminal process is not very relevant to the interests of this newsletter, however the other two are important examples of the application of dispute resolution techniques.

The Forliksrådene (Conciliation Councils) of Norway are one of the oldest mediatory institutions in the world, having been established for the compulsory conciliation of inter-personal conflicts in Norway and Denmark, under the name forligelses commissionen (commissions on agreement) in 1795, following an earlier version that was limited to the Danish West Indies which had been established in 1755. Subject to limited specific exceptions, all civil disputes were subject to their mediation prior to being allowed to proceed to court.

Shaughnessy studied the current activities of the Forliksrådene, sitting with two of the larger Councils in Oslo, Norway, and also observing the activities of one of the rural councils. The caseload of the Forliksrådene is extensive. In a two week period nearly 500 cases were dealt with by the two Oslo based programs, although a substantial portion of these cases resulted in a default, appearance before the Council being a prerequisite to the litigation of a claim. Cases where the parties appear are heard by a three person volunteer board, members are appointed for a four year term. The parties appear and present the matter and are assisted in reaching an agreement by the board. Agreements made before the Forliksrådene are legally enforceable. Shaughnessy provides a useful and reasonably detailed description of the Forliksrådene process and statistics on their operations. He also provides a valuable critique of their effectiveness and some of the lessons that can be learned from their operations.

The second study of interest is the Lier Commune Experiment, a Board of Conflict Resolution (Konflikrad) established in Lier, a town an hour west of Oslo. The vision for the project came from the San Francisco Community Board Program, but operates in a somewhat different manner, focusing on dealing with youthful offenders. The project is unique in Norway.

The program involves the interception of criminal complaints against youth prior to a formal police report being made. The police may recommend to the victim that the process be used instead of a formal report. The Board, made up of 2-3 volunteers, arranges for a confrontation between victim and offender and promotes restitution as a remedy for the victim rather than proceeding with the criminal process. The program appears to be similar to many victim-offender programs elsewhere, but the description offered is too brief to allow the comparison to be fully drawn.

The book generally provides interesting and potentially useful information although it would have benefitted from a final editing looking at the layout and format.

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WIPO, Worldwide Forum on the Arbitration of Intellectual Property Disputes, World Intellectual Property Organization (WIPO), Publications Sales and Distribution Unit, 34 chemin des Colombettes, 1211 Geneve 20, Switzerland (350pp 30SFR (swiss francs) 1994)

Book review by James B. Boskey

The World Intellectual Property Organization (WIPO) has thrown itself into the dispute resolution marketplace aggressively and effectively in the past couple of years. It has developed an extensive program of dispute resolution, promulgated and promoted sets of rules for dispute resolution on intellectual property issues, and sponsored several conferences on the application of dispute resolution techniques to this subject matter.

The volume presented here is the proceedings of a conference, cosponsored by WIPO and the American Arbitration Association, which took place in Geneva, Switzerland on March 3 and 4, 1994. The conference consisted on nine sessions with one to three speakers in each session. The speakers were all recognized experts in either dispute resolution or intellectual property or both, and the papers quality is high as one would expect from such a group.

After the introductory addresses and a short paper by Robert Coulson on the general nature of arbitration, mediation, and medaloa, the first substantive session dealt with the arbitrability of intellectual property disputes. David Plant provides an extensive analysis of the arbitrability question in the United States addressing patent, copyright, and trademark issues, followed by similar papers by Robert Briner and Jocjen Pagenberg looking at the same question from a European/Swiss and German standpoint. All three papers are well documented with case and statute provisions.

In the following sessions Marc Blessing deals with drafting dispute resolution clauses, with a focus on arbitration, in a paper that combines an outline of the issues to be considered with discussion of legal and practical considerations to be taken into account. He also offers several model clauses for consideration. James Carter deals with arbitrator selection, both process and the decision as to the number and qualification issues, and appends an article from American Review of International Arbitration on "Living With The Party-Appointed Arbitrator". Julian Lew and Bryan Niblett examine the arbitration procedures that may apply to intellectual property disputes, with Lew focusing on the question of the need for specialized processes and Niblett looking more briefly at the advantages and disadvantages of the process.

Two sessions examined the general nature of arbitration process, especially in the international context. Michael Hoellering spoke of process management from the viewpoint of the administering institution, while Hans Smit addressed the same question from the viewpoint of the arbitrator. Dr. de Witt Wijnen offered an overview on the enforcement of awards.

The penultimate session examined the use of non-arbitral dispute resolution techniques. Sir Lawrence Street provided an overview of mediation with a focus on the WIPO rules, Toshio Sawada looked at Japan's experience with the use of conciliation in international transactions, and Tom Arnold spoke the role of the advocate in a mediation setting. The final session offered Francis Gurry, the director of the WIPO dispute resolution program on the center and its services.

Overall this is an excellent collection of papers, of far more serious note than is often seen in such proceedings. While little new is offered on the nature of dispute resolution processes themselves, the translation of these processes to the intellectual property forum is of real importance and these papers provide a serious basis for developing a fundamental understanding of the current status and future direction of this process.

* * *

Stark, Peter Barron, It's Negotiable: The How-To Handbook of Win-Win Tactics, Pfeiffer & Co, 8517 Production Ave., San Diego, CA 92121-2280 (128pp $24.95)

Book review by James B. Boskey

It's Negotiable opens with a chapter entitled, "Why Another Book on Negotiation?". The answer that I would have to give in this case is that the reason for this particular book is not really clear.

Peter Stark is a management consultant who, according to his bio on the back cover of this book, specializes in leadership and management development and teaches courses in these areas as well as negotiation. This book is clearly designed to be used in the courses and seminars that he offers.

Unfortunately, Mr. Stark's understanding of the principles of win-win negotiation is rather weak, and his description of the way to engage in this process will often compromise rather than enhance the effectiveness of the individual who follows his strictures. He begins by suggesting that there are five possible outcomes to any negotiation: lose/lose, win/win, win/lose, lose/win, or nothing happens. It is by no means clear to me that three of these options can actually exist, win/lose, lose/win, and lose/lose as it seems unlikely that any agreement would be reached if one of the parties identifies the results of the negotiation as being one which causes him or her to be worse off than they were on entering the negotiation.

The discussion continues by looking at "three critical elements": time, information, and power. While there is no question that these are important elements, his discussion fails to clarify their importance, and his examples tend to fail to clarify how to use these factors to advantage. Similarly his discussion of questioning and listening skills and the building of trust are compromised by poor analysis and weak examples.

The best part of the book is the substantial chapter in which Mr. Stark presents fifty strategies and tactics for successful negotiation. Each of the strategies is described, an example provided, and a counter suggested. The strategies and tactics described are, however, generally drawn too narrowly for a general work and the descriptions are too brief to allow for serious analysis by the reader.

* * *

Scott, Susan, Law Firm Practices in ADR: 1994 Survey Findings, CPR Institute for Dispute Resolution, 366 Madison Ave., New York, NY 10017-3122 (19pp 1995)

Book review by James B. Boskey

This is a report on the survey conducted by the CPR Institute for Dispute Resolution of 124 major US law firms concerning their ADR practices. 65% of the firms have formalized the offering of ADR services and 40% reported revenue gains as a result. Information is provided about the types of ADR practice and the types of gain that the firms saw from this activity.

* * *

Trachte-Huber, E. Wendy, Negotiation: Strategies for Law and Business, Texas Lawyer Press, Suite 1400, 400 South Record St., Dallas, TX 75202-4889 (246pp $49.95 (quantity discount available) 1995)

Book review by James B. Boskey

I was really hoping that Wendy Trachte-Huber's new negotiation book would provide me with a good excuse to cease using Don Gifford's Legal Negotiation as the text for my law school negotiation course. Not that Gifford's work is inadequate, but I like to change texts every couple of years, and I have taught Gifford for too long. Unfortunately, Negotiation: Strategies for Law and Business is not the answer to my prayer.

Wendy Trachte-Huber, the Director of the A.A. White Dispute Resolution Institute, is extremely well read in the field of negotiation and very knowledgeable about both its practical and theoretical side. In this volume, she attempts to provide a concise summary of all of that learning for the practicing attorney, but by trying to do too much she reduces the value of her contribution, and occasionally allows serious errors to seep into her analysis in her search for brevity.

The book begins with an introduction to legal negotiation. In three chapters she identifies negotiation as a lawyer's primary activity, sets it in the dispute resolution continuum, and offers an overview of negotiation models. Some of the problems with the book as a whole appear early in this process. Her emphasis on the use of negotiation in the dispute resolution process has the effect of reducing the attention that should be paid to negotiation in a planning and dispute prevention context. It is not that she is unaware of this use of negotiation, but that the balance needed in a book for lawyers is lacking. Also, in drawing on Chris Moore's factors that improve the likelihood of successful negotiation (page 11), she appears to state that all of these factors must be present for negotiation to succeed, where Moore, correctly, merely notes that some combination of these factors is needed for success. Similarly, in her brief introduction to mediation (page 12) she misinterprets the biblical language (1 Timothy 2: 5-6) concerning Jesus as a mediator between God and man, suggesting that what is being discussed is mediation, whereas the term mediation is there used merely to reflect a communication rather than a neutral negotiation process.

The second section of the book deals with the negotiation process itself, breaking it into five stages: preparation, early contacts, meeting, dealing with impasse, and closing the deal. The 34 pages allowed for this discussion are too limited to allow for serious discussion of the questions that arise in each area, perhaps the best example being the five pages given to dealing with impasse which note only timing, reality testing, and the use of experts as techniques for breaking through. The checklists offered after each section reflect a somewhat broader range of ideas, but are of limited value without more discussion.

The third section deals with specific applications of legal negotiation with eight different areas spotlighted. The sections run from 8 to 12 pages each on subjects like family law disputes, criminal matters, business organizations, etc, too brief to be helpful. Also compromising these sections is the attempt to identify the likely legal issues that may be negotiated which takes up a substantial portion of each section and will be of little value to anyone working in the field. In the family transactions section for example, the author spends about 2 pages on trusts, in which she attempts to define the nature of a trust and the manner in which it is created, leaving little time for attention to the issues which need to be negotiated or the problems such negotiation may face.

The final section examines special issues and problems. Chapters address parties, strategies, professional responsibility, and continuing education in negotiation. Again the discussions are too brief to be really helpful. Appendices offer lists of training and professional organizations, codes of ethics and standards of conduct for mediators (of questionable value in a negotiation book), the Texas Dispute Resolution Act and Ethical Guidelines for Mediators, and an annotated bibliography.

Overall, the book is not apt, as some are, to be harmful, as the information provided is usually accurate, but it is not likely to enable the reader to learn enough to seriously improve his or her negotiation skills.

* * *

Stewart, Terence P. and Callahan, Christoper J., Dispute Settlement Mechanisms-The GATT Uruguay Round: A Negotiating History (1986-1992), Kluwer Law and Taxation, 675 Massachusetts Ave., Cambridge, MA 02139 (219pp $50 1993)

Book review by James B. Boskey

Perhaps the most complex multi-party, international, intercultural set of negotiations in the world are those involved in achieving agreements under the General Agreement on Trades and Tariffs (GATT). This volume, which is a single chapter from a three volume negotiation history of the GATT Uruguay round, focuses on dispute settlement mechanisms for use under GATT and the manner in which they have been developed and changed throughout the history of GATT negotiations.

Despite the title, which suggests that the volume is limited to the negotiations in the Uruguay round, it, in fact, addresses the entire history of the development of dispute settlement mechanisms in a GATT context. The first 145 pages consist of an extended essay which starts with the dispute settlement processes negotiations prior to the Tokyo round, those that took place during that round (1973-79), post Tokyo round dispute settlement (1980-86), and the current Uruguay round which is not yet completed. The essay is not concerned, except in passing and as it impacts on its basic subject with the implementation of the mechanisms, but rather describes in detail the process by which they were developed and put into place. In doing so it provides a uniquely valuable case study of negotiation processes, focused on the substance of the negotiations rather than the process, although some process information can be teased out from between the lines. The essay is densely, but clearly written and not only serves to set forth the results of the negotiation but also many of the issues that fell by the wayside in the negotiation process.

Extensive Annexes (Appendices) provide bibliographic information for further examination of the questions presented. The first provides 55 pages of summaries of selected panel reports issued under the dispute resolution mechanisms of GATT, and the second a list of documents bearing on the negotiations. Also included is a well focused bibliography on the GATT negotiations.

* * *

Smith, Troy Anthony, What To Know Before You Go: Making the Most of Mediation, Mediation Corporation, P.O. Box 6161, Rockford, IL 61125 (12pp $2.50-quantity discount available 1993)

Book review by James B. Boskey

In his letter sending me a review copy of this pamphlet, What To Know Before You Go: Making the Most of Mediation, Troy Anthony Smith was almost apologetic, noting that it is much shorter than most of the volumes that I review. In this he was correct, but, in reality, he has, with this volume, nothing to apologize for. In its twelve pages it provides one of the clearest, comprehensive and yet concise introductions to divorce mediation for potential users of that service available on the market today.

Unlike most of the available client advisory materials, Mr. Smith has not designed this pamphlet to describe only one style of divorce mediation, but rather has covered many of the variations that appear in the field. He opens with a brief statement of some of the problems that divorcing couples face, especially those with children, and a comparison of the responses of litigation and mediation to those problems. This is followed by a description of the mediation process which takes into account the different approaches of different mediators while focusing on the common threads of all divorce mediation processes. He notes carefully the potential role of attorneys in the mediation process and also points out that other professionals may be consulted as well.

Mr. Smith then proceeds to describe the mediation process. While he speaks of the mediator in the singular, he notes that mediators often work in pairs as co-mediators as well. He offers a description of caucuses, while noting that not all mediators make use of the caucus and that the amount of caucusing will vary with the nature of the case and the mediator's style. He then closes with a summary of the benefits of mediation.

The pamphlet is written clearly and the print and layout reinforce that clarity. I anticipate that I will likely purchase copies to hand out to my divorce mediation clients, and I recommend that those of you engaged in that practice consider the same.

* * *

Sandole, Dennis J.D., and van der Merwe, Hugo, Conflict Resolution Theory and Practice, St. Martins Press, 257 Park Ave. South, New York, NY 10010 (298pp $79.95(h) $24.95(p) 1993)

Book review by James B. Boskey (Also see annotation)

This book, Conflict Resolution in Theory and Practice, had its origin in a seminar given by Professor Sandole at the Institute for Conflict Analysis and Research at George Mason University in the fall of 1990. Guest presentations at the seminar were taped and transcribed, and, later, additional contributions from those who are associated with or teach at the Institute were solicited. The product is an excellent collection of essays by both theorists and practitioners on issues in the ADR field.

The essays are grouped under five headings. The first, generic theory and practice in conflict resolution, includes six items. Dennis Sandole begins the volume with a discussion of theories of conflict initiation and escalation examining the manner in which theories are formed and the philosophical consequences of different kinds of theory development. This is followed by Daniel Druckman's discussion of a proposed research agenda for conflict and conflict resolution, and nicely balanced by John Burton's discussion of conflict resolution as political philosophy focusing on deep-rooted conflict. Also included in this section are pieces by Mary Clark critically evaluating Burton's "human needs" theory and two pieces on different aspects of problem solving by John Warfield and Christopher Mitchell.

The second section includes two essays on resolution process: Benjamin Broome on relational empathy and Joseph Montville on the healing function of conflict resolution in dealing with traumatic loss, especially in a political context. The third section offers five articles including Elise Boulding on state boundaries and environmental security, Wallace Warfield and Brack Brown examining different aspects of public policy conflict resolution, Richard Rubenstein on class conflict and Avruch and Black on conflict resolution in intercultural settings.

The fourth section focuses on the relationship of theory to practice with articles by Scimecca and John Murray on the general application of theory to practice and Marcelle DePraw and John McDonald looking at applications of theory in the environmental and international arenas respectively. Finally Hugo van der Merwe relates much of the work in the earlier chapters to a specific application-the problems of conflict resolution in South Africa.

Overall the articles offered are important to the field. While much writing that purports to look at theory is available, much of that is merely application of practical insights. Here, many of the authors have thought deeply about theoretical issues, and the product should command the attention of those interested in development of the field at a fundamental level.

* * *

Simm, Peter A., Materials Relating to the Use of ADR in Resolving Public Complaints Against Members of Self-Governing Professions: A Bibliography Arranged by Subject, The Fund for Dispute Resolution, Conrad Grebel College, Waterloo, ON N2L 3G6, Canada (31pp $7 1993)

Book review by James B. Boskey

Peter Simm's bibliography, collected as part of the original research for a study on complaint mediation amongst Ontario's self-governing professions, offers a list of materials that, as far as I am aware, has never been previously examined as a whole. The bibliography which draws on Canadian, British, US, and Australian sources is collected under 12 topic headings. Of these five are specifically medical: patient rights, hospital monitoring of physicians, medical peer review, medical quality control, and medical malpractice claims review panels, while the remainder are more generic in subject: use of ADR in resolving complaints against professionals, victim/offender, confidentiality, impaired professionals, professional discipline, professionalism, and arbitration in professional malpractice. The bibliography is not annotated, but the subject division makes it useful.

* * *

State Bar of California, Guide to Court-Related ADR: Programs to Facilitate Settlement, Office of Research, State Bar of California, 555 Franklin St., San Francisco, CA 94102-4498 (275pp $25 1993)

Book review by James B. Boskey

Until very recently it was clear that California's courts were the leading courts in the country in implementing ADR programs. While that status can now be questioned with Florida and Texas coming on strong in the development of such programs, no state has as lengthy and as broad experience as California in their implementation.

The Guide to Court-Related ADR makes much of the learning that has gone on in California in developing these programs available for courts around the United States and the world. Prepared by the Office of Research of the State Bar of California, this volume provides a detailed manual for the implementation of ADR programs in court settings, presenting the questions that need to be addressed in developing, implementing, and evaluating these programs.

The Guide assumes that the reader is generally familiar with ADR and the ADR movement; the authors do not bother to define familiar ADR terms in any detail. Thus the volume should not be the starting point for someone with limited or no knowledge of ADR, but assuming that that hurdle is crossed, the clear language and comprehensive coverage will make the manual one of the most useful devices available to program developers.

After a brief introductory section describing the manual and the reasons for its development, brief descriptions of several model programs that are in place in California are offered. (Later in the volume more detailed descriptions of each of the programs are offered, once the questions of process have been answered.) The description of the programs focuses on the case selection and management aspects of them rather than on the implementation of settlement processes. This is appropriate as information on "how to do ADR" is so widely available elsewhere. The volume continues with sections on planning for and design and implementation of court-related dispute resolution programs. Careful attention is paid to questions of cost and funding as well as program size and leadership, and issues such as confidentiality, selection and training of neutrals, education of disputants, and scheduling are addressed as well.

The book then turns to program maintenance issues. The importance of monitoring and evaluation is discussed and means of implementing these process considered. Importantly, the authors recognize that failure to consider these issues in the original program design will often mean that adequate monitoring and evaluation become extremely difficult or impossible at later stages in the process. Further attention is paid to the outreach function which is essential to maintaining and building the program. Procedures for educating judges, attorneys, and the general public all constitute important features of this process. The book is supplemented with various forms which have been used in California programs that may be useful to those setting up programs elsewhere.

Many of the court-related ADR programs that have come into existence in the past several years have sprung full-blown from the heads of dedicated individuals with good intentions. Many of them have proven to be very effective, but others have fallen by the wayside or proven less effective than they should and could have been. The availability of manuals such as the one discussed here will help program designers to avoid many of the pitfalls that have hindered the development of these programs.

* * *

Quill, Deidre and Wynne, Jean, Victim and Offender Mediation Handbook, Care and Justice Yorkshire, Floor 5, National Deposit House, 1 Eastgate, Leeds LS2 7LY, England (196pp 5.50+6 post and packing 1993)

Book review by James B. Boskey

The idea of victim-offender mediation, often called VORP for victim-offender reconciliation program, is one that has received extensive attention in England and which has begun to expand rapidly in other parts of the world as well. The underlying concept, called "restorative justice" is based on the belief that both the offender and the victim will benefit from the opportunity to deal responsibly with the misconduct that brought them together, and, in those cases where some reparation can be offered by the offender, that the provision of that reparation will reduce the level of anger on the part of the victim while providing the offender with some real understanding of the consequences of his or her earlier act.

The Victim and Offender Mediation Handbook describes the methods developed by one such program, that of the West Yorkshire Probation Service, which has been very successful. It provides a model for other programs, although careful note is made that local conditions will require adaptation of that model to assure that it meets the needs of those whom it is designed to serve.

The manual begins with five brief essays which describe the underlying philosophy or restorative justice and offer a vision of the future of that philosophy in the criminal justice system. The essays also make it clear that the restorative justice approach is not workable in every case. It is only usable when the offender is prepared to admit to the offense and recognize the effect of the offense on the victim. It also does not substitute for the criminal prosecution, although an effective mediation may be considered as a factor in probation and parole issues. The remainder of the Handbook is the teaching manual for several training courses for mediators.

The introductory course is designed to be given over a two day period with the first day lasting 6.5 hours and the second day lasting 6.25 hours. The minimum number of participants is two leaders and four trainees, although extensive use is made of experienced mediators to assist in role plays and discussions where possible.

The course is designed in great detail to familiarize the mediators with the nature and goals of the traditional criminal justice system as well as those of the restorative justice system as well as to train in understanding of the mediation process and basic mediation skills and techniques including listening skills and the mediation process itself. It uses extensive exercises, checklists, role plays, and the like to familiarize the participants with the issues ranging from substantive to procedural that they will face in the program. Extensive use is made of flip charts and other visual aids to clarify the issues under consideration.

In addition, the manual offers several more advanced training courses. The "Victim's Perspective" and "Offender's Perspective" courses are relatively brief programs, each demanding only one or two hours that can be used to sensitize the mediator trainee or experienced mediator to the issues that each viewpoint raises. The "Working with Juveniles" course, on the other hand, is a complete two day program designed for those who have already had some experience of general restorative justice mediation, to equip them with the additional knowledge and skills to be able to deal with cases involving juvenile offenders. If focuses, appropriately, on the world of the adolescent and the factors in that world that are likely to lead to participation in impermissible activities.

Other advanced course included are "Interview Skills" and "Non-Discriminatory Practice" (in the US this would be called cultural sensitivity) programs which are quite extensive and shorter courses in "dealing with feelings", working with specific offenses, and "Letters, Reports and Support Systems".

This is one of the most elaborate training programs available in print for any area of mediation. Anyone who is designing or operating a program for restorative justice should run, not walk, to obtain a copy, and many trainers in other areas of mediation will find a good deal of useful material in the volume. At the 5.50 price it is a substantial bargain and well worth even the extortionate postage charges mandated by the British Post Office.

* * *

Wehr, Paul, Burgess Heidi and Guy, Justice Without Violence, Lynne Reinner Publishers, Suite 314, 1800 30th St., Boulder, CO 80301 (301pp $45(h) $18.95(p) 1994)

Book review by James B. Boskey

Justice Without Violence is the first major published product of the Justice Without Violence Project of the Conflict Resolution Consortium at the University of Colorado. The title of both the book and the project are somewhat misleading in that both are focused on the study of "non-violence" in the context of societal injustice rather than the study of justice systems.

The concept of non-violence is a slippery one, as the authors in this volume clearly recognize. Non-violence clearly means more than the absence of violence, but it includes both the selection of non-violent approaches to achieving societal reform as a philosophy and as a tactic, and the use of non-violence as a basic approach does not necessarily mean that the adherents to that approach will abjure all violent activity as a part of their work.

The volume is a collection of essays, primarily by those directly involved in the Justice Without Violence Project, but including several by others with an interest in the same concepts. The book begins with two essays by the Burgesses setting out the theoretical foundations of non-violence studies and raising research questions and hypotheses that need to be addressed. It rapidly becomes clear from these essays that there is substantial disagreement in the field as to the content of such studies or the nature of non-violence, and the Burgesses are honest about the cognitive dissonance that can result from these differences.

The two Burgess essays are followed by two more theoretical essays, one by Kenneth Boulding restating and expanding on his thesis of the faces of power and one by Doug Bond offering a theoretical model for the diffusion of power in the context of nonviolent direct action. The Bond essay, while limiting the scope of the questions addressed makes a serious theoretical contribution to the understanding of the way in which the exercise of power plays out in the real world.

These theoretical essays are followed by a series of articles examining conflicts in various geographic and temporal areas: Sandanista Nicaragua, Eastern Europe in 1989, The USSR/CIS, China, Sub-Saharan Africa, South Africa, the Middle East, and India. The essays range widely in quality and coverage and, in some cases, have an unfortunate tendency to seek too anxiously to be politically correct rather than pointed in their analysis. This is due, at least in part, to the editorial and project mandate of dealing with injustice, a concept which is even less closely defined than non-violence, incorporating both economic and political injustice, concepts which are difficult to codify without excessive political content. Where the injustice issues are given secondary attention, the studies tend to be more revealing about the nature and effect of non-violent approaches. The study techniques used in the essays vary widely, from survey research to quantitative to quasi-anthropological and philosophical.

Overall the volume has a good deal of material that is well worth the reader's attention, especially the theoretical overviews offered by the Burgesses. In addition, several of the regional essays are quite interesting although rarely as enlightening as one might wish.

* * *

Quan, Judith, Legal Assistant's Guide to Alternative Dispute Resolution, Clark Boardman Callaghan, 155 Pfingsten Rd., Deerfield, IL 60015-9917 (355pp $75 1994)

Book review by James B. Boskey

As the practice of ADR becomes increasingly central to the practice of law, it becomes increasingly important that not only attorneys, neutrals, and parties become familiar with the nature of ADR practice, but also paralegals, legal secretaries, and other support personnel who will have to assist in the implementation of the process. The Legal Assistant's Guide, which is part of Clark Boardman's Paralegal Practice Series, is a valuable effort to meet that need. Written in a clear and direct style, referring extensively and appropriately to the literature in the field, it provides an overview of ADR generally and the reasons for its increasing acceptance, and then examines various types of ADR process and the role that the paralegal will commonly play in assisting the attorney in the implementation of the process. Included are appropriate forms to guide the paralegal's work in this area and suitably detailed analyses of the stages of each process.

The book begins with three chapters which describe the general nature of ADR and its processes, placing it in the context of a legal practice and comparing it with litigation. A review of the role of the paralegal in litigation is offered, and the transferability of the paralegal's litigation skills to the ADR area considered.

The body of the book addresses the ADR processes with which the paralegal needs to become familiar and the paralegal's role in each of these processes. The structure is that one chapter will provide an overview of and background on the process, and that chapter is followed by one examining in detail the responsibility of the paralegal in implementing it. Arbitration, mediation, and mediated settlement conferences are provided this full treatment, while mini-trials and summary jury trials each receive a full chapter on background, but are combined for looking at the paralegal's responsibilities. A final chapter offers a look forward at the directions in which ADR is developing, and appendices offer copies of the current American Arbitration Association rules for commercial arbitration, real estate valuation, commercial mediation, and mini-trials, as well as a list of AAA offices.

Any attorney who is actively using ADR in his or her practice will want to obtain a copy of this work for his or her paralegal or secretary. The clarity of the descriptions of the processes and the well organized analysis of the responsibilities of the paralegal in the ADR context will simplify the process of training for the attorney and the book will serve as a useful continuing reference for the paralegal.

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SPIDR Law and Public Policy Committee, Report #2-Public Encouragement of Private Dispute Resolution: Implications, Issues and Recommendations, SPIDR, 815 15th St., NW, Suite 530, Washington, DC 20005 (21pp 1994)

Book review by James B. Boskey

The SPIDR (Society of Professionals in Dispute Resolution) Law and Public Policy Committee, under the Chairmanship of Margaret Shaw, has been performing a great deal of important work for the dispute resolution field in the past couple of years. This report continues that work with an examination of the relationship between public and private dispute resolution and public justice processes.

The issues the committee addresses in this report include equal access , equal treatment, openness to public scrutiny and the like. Six simple hypothetical cases are examined to determine the scope of public interest in what appear to be basically private disputes, and consideration is given as to what consequences that public interest should have.

The recommendations are basically cautionary. The Committee restates the need to maintain access to judicial decision making and focuses on the responsibility of the public justice system to supervise and evaluate the effectiveness of those to whom it makes referrals that hide cases from the public eye. This is an important report that anyone in the ADR field should be aware of.

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Thompson, William J. et. al., Report of the Matrimonial Early Settlement Panel Workgroup, Administrative Office of the Courts, CN-037, Trenton, NJ 08625 (136pp 1993)

Book review by James B. Boskey

The Matrimonial Early Settlement Programs are one of the most active and most important ADR programs in the New Jersey State Courts. Staffed by volunteer attorneys, they were originally voluntary programs, but have now been made a mandatory part of the procedure in contested divorce cases in all counties in the state.

The basic model of the programs is the presentation, by counsel, of a summary of the case before a panel of one to three experienced matrimonial lawyers, which panel then suggests to counsel the likely results of litigation and the range of appropriate settlement. If the parties are able to settle during the process their case is immediately scheduled for final hearing and a divorce granted that same day.

The program has been extremely successful in resolving matrimonial matters, and the courts have been very enthusiastic about its effectiveness. The Workgroup, who prepared this report, was appointed to examine the program statewide and make recommendations to increase the uniformity of procedures as, it appears, the county programs differ widely in the form of their programs.

The report offers a series of eight, largely noncontroversial recommendations for the improvement of the county programs and for their standardization. In addition it offers extensive appendices describing the various county programs and offering copies of the forms that they use. Courts in states that do not use this form of expert advisory settlement process, might be well advised to obtain copies of the report and to consider whether a similar program might be as effective for them as it has been in New Jersey.

Sandole, Dennis J.D. and van der Merwe, Hugo (eds.), Conflict Resolution Theory and Practice: Integration and Application, St. Martin's Press, 175 Fifth Ave., New York, NY 10010-7848 (298pp $24.95 1993)

Annotation by James B. Boskey (Also see review)

Conflict Resolution Theory and Practice began as a post-graduate seminar in the integration of theory and practice at George Mason University. Guest presentations were recorded and used as the basis for written papers and these were then supplemented with additional papers by other members of the George Mason conflict resolution community.

The papers include a wide range of authors who are very well known in the field, including, in addition to the editors, John Burton, Wallace Warfield, Elise Boulding, and others. In all eighteen papers are collected in this volume, and, while they range in readability, they are all serious contributions to the literature of conflict resolution.

The editors have classified the papers into five groups: Generic Theory and Practice, Concepts and Aspects of the Resolution Process, Theory and Practice at Different Levels, Relevance of Theory to the Practitioner, and Feedback: What Does it All Mean? The individual papers range from examinations of political theory and conflict resolution, through psychological issues of process, to problems of implementation. While most of the papers are more in the nature of reviews than original contributions, they provide important summaries of the state of the art in academic dispute resolution theory.

* * *

Zartman, I. William (ed.), International Multilateral Negotiation: Approaches to the Management of Complexity, Jossey-Bass Publishers, 350 Sansome St., San Francisco, CA 94104 (240pp $38.95 1994)

Book review by James B. Boskey

International Multilateral Negotiation is the fifth study produced by the Project on the Processes of International Negotiation of the International Institute for Applied Systems Analysis in Austria. Like other project from the Institute this one is international both in subject matter and in personnel, with contributors from the US, Austria, France, England, Sweden, and Norway. The study is an effort to begin the process of examining, from a multidisciplinary standpoint, the process of multilateral international negotiations, an area which has been distinctly undernourished in terms of theoretical perspective.

William Zartman introduces the project with an examination of the current state of knowledge as to multilateral negotiations. As he points out most analysis to date has recognized the inherent complexity of such negotiations, but gone little further in analysis of the nature and consequences of that complexity. He identifies the purpose of the project as beginning the process of developing cross-disciplinary approaches to the analysis of such negotiations.

The study begins with a detailed look at two exemplary cases of multilateral negotiation: the Single European Act and the General Agreement on Tariffs and Trade. These reports by Juliet Lodge and Gunnar Sjöstedt provide concise and detailed examinations of the issues and processes involved in each of these negotiations with a good sense of party strategies and tactics. It continues with a series of papers, each examining a different approach to analysis of such negotiations: Bertram Spector on Decision Theory, Steven Brams et. al. on Game Theory, Kolb and Faure on Organization Theory, Rubin and Swap on Small Group Theory, Christophe Dupont on Coalition Theory, and Arild Underdal on Leadership Theory. Each of the articles uses the named theory to analyze the two exemplary cases in a preliminary manner, and uses that analysis to demonstrate the strong and weak points of the theory as a general approach to such negotiations.

Finally, two chapters attempt to draw together the lessons learned from the exemplary cases and their analyses. Winfried Lang begins by pointing out the apparent relative openness of multilateral negotiations as a factor encouraging their use as the basis for analytical studies, and then, after examining briefly each of the theoretical models, draws a series of lessons for the practitioner. Zartman begins the process of theory synthesis, noting in passing that the distinction between plurilateral and multilateral negotiations appears to be relatively unimportant in practice as the two forms of negotiation merge in real situations, and then poses the basic question of how to utilize these multiple analytical forms to develop a better understanding of process. His analysis is very preliminary, but asks the appropriate questions needed to begin the analytical process.

* * *

Schwarz, Roger M., The Skilled Facilitator: Practical Wisdom for Developing Effective Groups, Jossey-Bass Publishers, 350 Sansome St., San Francisco, CA 94104 (314pp $29.95 1994)

Book review by James B. Boskey

As some long time readers may realize, I tend to see two basic paradigms as defining the alternative dispute resolution field, negotiation/mediation and facilitation. Most of the variant schemes of non-adjudicatory ADR fall into the former category, being derivative of a negotiation or assisted negotiation model, but facilitation, while it involves many of the same skills, is, to my mind, a radically different approach to dispute resolution.

The negotiation/mediation paradigm has been extensively analyzed, but relatively little attention has been paid to facilitation. The reasons for that are apparent. Most of the former schemes address disputes that are classically "legal" in that they can ultimately be resolved by courts or other adjudicatory bodies, and, with some exceptions, they can be treated as dyadic or based on individual psychodynamics, encouraging mental health professionals to identify them in terms of classical mental health treatment modalities. Thus lawyers and mental health professionals, the primary players in the ADR world, are relatively comfortable with analyzing these processes. Facilitation, in contrast, is not intrinsically dyadic or dispute based. Rather it addresses matters where complexity and overlap of viewpoints is intrinsic and, usually, where individual psychodynamics play a relatively limited role. While small group analysis offers a useful model for the facilitation process in many respects, this approach is hardly central to conflict analysis in general, although the use of its tools has been occasionally suggested.

Schwarz in The Skilled Facilitator provides a combination of an approach to a theory of facilitation with solid practical information about ways of effectively acting as a facilitator. He defines group facilitation as "a process in which a person who is acceptable to all members of the group, substantively neutral, and has no decision-making authority intervenes to help a group improve the way in which it identifies and solves problems and makes decisions, in order to increase the group's effectiveness". He focuses on "work groups" which he defines as having collective responsibility for one or more tasks, constitute an open social system, and operates in an organizational context.

The first two chapters establish the general theoretical frame for the role of the facilitator. The language is clear and direct, and the theory is somewhat hidden behind an effort to address a wide range of facilitators, but the underlying thought is clear and direct. A somewhat undue fondness for bold print mars the presentation, but not fatally. The third and fourth chapters look to the formation of the facilitative process from a contractual and diagnostic point of view. Unlike much mediation, facilitation usually requires formal involvement of the facilitator before the process begins in a planning context in order to maximize effectiveness.

The third section of the book includes seven chapters on effective facilitation techniques. Topics examined include how to intervene, beginning and ending meetings, use of group input in the process, dealing with emotion, and cofacilitating. The final section offers chapters on facilitating in one's own organization as a formal facilitator or as a facilitative leader. Several forms and other resources are offered in appendices as well as a reading list.

This is a book that will be valuable for many dispute resolvers. Opportunities in dispute resolution do not necessarily fall into clearly established categories such as mediation, and the effective resolver will often be called upon to use a wide range of skills. Facilitation skills are fundamental to a whole range of alternative, and generally unrecognized, form of dispute resolution and prevention, and this book provides an excellent introduction to understanding the facilitation process.

* * *

San Diego Mediation Center, Mediator Credential: An Implementation Guide, San Diego Mediation Center, Suite 112, 2150 W. Washington, San Diego, CA 92110 (133pp $79.95 1994)

Book review by James B. Boskey

One of the hottest topics in alternative dispute resolution today is that of qualification and credentialling of neutrals. Historically most neutrals were deemed qualified on the basis of formal training or experience, and no means existed to evaluate their performance in the field with real clients. As the courts have increasingly begun to compel parties to use mediation, some form of qualification has become increasingly important as, if parties are to be forced to use the mediation process, they have a right to have it implemented properly and responsibly.

Most courts to date have used training and education as surrogates for qualification and have granted credentials, if any, to those who have completed training programs that meet particular standards. Of course this is a very poor proxy for a real credential as completing training does not necessarily mean that the trainee has learned the skills taught.

The San Diego Mediation Center has been one of the national leaders in developing an alternative, performance based, means of credentialling mediators. This manual presents the San Diego model and provides the information needed for its implementation elsewhere.

The San Diego credential is based on three separate elements. The first is a minimum of 25 hours of interactive training covering a fairly standard set of topics. The manual includes the list of topics and an outline for a training course that clearly meets this standard. The second element is the experience element. This consists of the candidate observing two mediated cases in a controlled situation and comediating six cases under the supervision of the credentialling staff. Throughout the experience stage the trainees meet with the staff for regular briefing and debriefing on their casework. The final stage of the credentialling effort is a performance evaluation. This forms the heart of the new program and is described in detail in the manual. Candidates are evaluated during their mediation of a simulated mediation session which is designed to raise both substantive and process issues.

Scoring of the performance session is by two evaluators and candidates must receive a passing grade from each of them. Scoring is done on grading sheet provided by the program that address very specific skills and knowledge that the candidate must demonstrate. Provision is made for a second evaluation should the candidate be unsuccessful the first time and for the candidate to work on improving skills between the two evaluations. The simulated mediation lasts about 6-75 minutes. Full information about the simulations and the grading process is included in the manual.

If mediation is to be taken seriously credentialling of mediators must play an important role in the process. The San Diego system is not a be all and end all, and there are many other ways in which credentialling could be undertaken. Nonetheless, it is one of, if not, the best thought out system currently available and should be reviewed by any serious mediation program considering the issue of credentialling.

* * *

Umbreit, Mark S., The Impact of Restorative Justice and Mediation, Criminal Justice Press, PO Box 249, Monsey, NY 10952 (256pp $25 1994)

Book review by James B. Boskey

The growth of VORP (Victim Offender Reconciliation Projects) has paralleled and supported the increased recognition and acceptance of the fact that criminal activity constitutes not only an offense against the state, but also against the victim of crime. This can be seen in the increasing acceptance of restitution as a factor in criminal sentencing and the development of victim's rights campaigns and victim services programs. The underlying concept of VORP (also known as restorative justice) is that victims and offenders meet in a mediation or quasi-mediation setting to encourage and allow each party to come to terms with the effects of the offense and, in appropriate cases, to agree on compensation, either financial or other, from the offender to the victim.

Mark Umbreit, now on the social work faculty of the University of Minnesota, has been one of the primary moving forces in the development of VORP programs around the United States. This volume reports on an extensive study of four VORP programs in California, Minnesota, New Mexico and Texas sponsored by the State Justice Institute.

After two introductory chapters, the first discussing the general philosophy underlying the VORP concept and the second providing a review of the major literature dealing with the acceptance of the concept by both victims and offenders, Umbreit turns to the evaluation and examination of the four programs under study. Rather than using a true experimental design with random assignment of subjects, a quasi experimental design was employed with two major comparison groups (those rejecting mediation and those to whom the mediation option was not offered). Over 1,000 interviews were held at the various sites and a detailed examination of three of the programs was made with the Texas program, which was added much later in the study, receiving somewhat less attention.

The three primary programs are operated by private not-for-profits, while the Texas program is operated by a public agency. All of the programs deal with juvenile offenders, primarily those involved in property crimes, and work closely with their local courts. The basic questions addressed by the research were: who participates in the programs and why?, how does the process work and what is the role of the mediator?, how do participants and court officials evaluate the process?, what are the immediate outcomes of the process?, how is the completion of restitution affected by the process?, what are the effects of the process on recidivism?, what are the costs implications of the programs?, and what are victims and offenders perceptions of fairness in the context of the mediation process?

The report of the results of the study is well organized and clearly presented. Not surprisingly it favors the implementation of further programs, but Umbreit appears to be scrupulous in pointing out the unfavorable as well as favorable results of the study. For anyone who is considering creating a VORP program, this study will provide important information that will allow it to be implemented with the greatest possible effectiveness, and for those with a general interest in the area, it provides a good basis for developing an understanding of both the process and its results.

* * *

van den Berg, A.J., International Arbitration in a Changing World, Kluwer Law & Taxation, 675 Massachusetts Ave., Cambridge, MA 02139 (289pp $76 1993)

Book review by James B. Boskey

International Arbitration in a Changing World is the sixth volume in the series of reports of the conferences of International Council for Commercial Arbitration, one of the most truly international of dispute resolution bodies. The papers from the Congress, which was held in Bahrain in February 1993, are impeccably edited by Professor van den Berg.

The papers included are two keynote presentations by Lord Michael Mustill an overview of developments in international commercial arbitration since the last Congress, 15 years earlier, and Husain M. Al-Baharna providing an overview of the nature of international commercial arbitration. The remaining papers are divided into three categories: The Pre-Arbitral, Arbitral, and Post-Arbitral Phases.

The section on the Pre-Arbitral Phase offers two papers on the agreement and matters affecting the award and a comment on the Asian view of that phase. The arbitral phase is similarly covered by two papers: International Arbitration in a Changing World and one on challenges to arbitrators, but also offers three panelist papers on interim measures, removal or arbitrators, and comparative research. The final section on the Post-Arbitral Phase has two general papers on the subject and panelist comments on enforcement and correction and completion of awards. Also included are two final papers synthesizing the learning of the conference and looking ahead, a series of closing addresses, and information about the conference and the members of the ICCA.

This is a volume that will be pleasant and useful reading for those interested in international commercial arbitration. The uniquely transnational view offered by the participants, makes the papers well worth attention.

* * *

Williams, Lynda, Evaluation of the Rural Wales Mediation Development Project, Mediation UK, 82a Gloucester Road, Bishopton, Bristol BS7 8BN, England. 0272-241234. (61pp 6 1994)

Book review by James B. Boskey

In response to a small grant from the Caltouse Gulbenkian Foundation, Mediation UK undertook to begin development work for community mediation services in rural Wales and Scotland. Lynda Williams was appointed the fieldworker on the project for Wales, and this report on her success in developing interest in mediation and assisting various programs in getting underway offers a model for effective development of mediation. Ms. Williams was hired on a two day a week basis for 12 weeks. During this relatively brief period, she convened public meetings on mediation which have led to the establishment of a mediation network for mid-Wales and a mediation scheme in South Wales, arranged for several training programs to be offered and for invitations for further training to be opened, and increased the general awareness of mediation in Wales through the public meetings and suitable publicity. Also, as a result of her work one school has already adopted a conflict resolution based anti-bullying program and other schools are beginning the development of similar programs.

This report of the project describes step-by-step the process that Ms. Williams and Mediation UK used in the implementation of the project, providing a template which others could adopt for similar areas. in addition the project was fully evaluated by a consultant, whose report suggests what factors made the program so effective. Congratulations are in order for both Lynda Williams and Mediation UK for their outstanding success.

* * *

Walker, Janet, McCarthy Peter and Timms, Noel, Mediation: the Making and Remaking of Co-operative Relationships: An evaluation of the effectiveness of comprehensive mediation, Relate Centre for Family Studies, Claremont Bridge, University of Newcastle upon Tyne NE1 7RU, United Kingdom (178pp 9.95 1994) [nb. Relate would prefer to invoice purchasers rather than receive payment with orders so appropriate postage can be charged.]

Book review by James B. Boskey

From the viewpoint of matrimonial lawyers in the United States, the issue of the acceptability of mediation in divorce has moved, in many cases, from an outright rejection of the concept of mediation to an acceptance of the role of mediation in resolving child related disputes but a continuing resistance to comprehensive mediation (mediation of all issues between the parties). The objection to comprehensive mediation has taken two forms, one self-interested and the other, at least on its face, more general. The first objection is that the use of comprehensive mediation reduces the amount of work available for matrimonial attorneys, reducing their income and eliminating one of the most profitable areas of their practice-acting as negotiating intermediaries for the parties. The second objection, and one which carries substantially more potential weight, is that parties lack of knowledge of their legal rights and unequal bargaining skills and positions make them, in many cases, inadequate representatives of their own interests, and, in mediation, they may fail to obtain that which they would be entitled to under the law.

The same pattern developed in England, although both the move to mediation of children's issues and the move to comprehensive mediation have moved forward far more rapidly on a national basis than in the United States. Partly this is because of the existence of a unified national court system, but also because public support for non-lawyer involved processes seems to be stronger. In 1990, with funding from the Joseph Rowntree Foundation, five mediation services affiliated with the then National Family Conciliation Council were selected to implement projects in comprehensive family mediation. The study reported here describes and evaluates the concept of comprehensive family mediation in light of the experience of the five projects.

The five projects were deliberately identified as "models" and demonstrated substantially different approaches to comprehensive mediation. Three of the projects developed approaches which introduced a lawyer-mediator into the process at certain points as a co-mediator, although the specific use of the lawyer-mediator varied amongst these projects. One project used an advising lawyer model where the couples were provided the opportunity to meet jointly with a lawyer to receive legal information. Two projects had lawyers who served as consultants to the mediators but did not participate directly in the mediation sessions, while another had a "legal training consultant" who was available to discuss training aspects of the case with the mediators. One project employed a welfare rights specialist to meet with the couple and the mediator to assist in assuring that all advantage was taken of benefit entitlements. Four of the projects were basically pure mediation approaches, while the fifth offered a range of services and served, in effect, as a multi-door divorce service center.

The report is both written in a highly literate and well organized manner and very informative about the processes used and the response of various participants to the process. One of the major focuses of the report was client satisfaction, but the researchers have moved well beyond this, somewhat suspect, measure of success in their evaluation of the projects and the process. Detailed examination is offered of the mediation experience, from the point of intake through outcomes from the viewpoint of the client and substantial attention is paid to the roles and role perceptions of the professionals involved including mediators, service providers, solicitors and others. Especially effective is their discussion of the professional "turf wars" between those involved in serving divorcing couples and the manner in which these issues played out in the program's development.

This volume is essential reading for anyone involved in the establishment of public divorce mediation programs anywhere in the world. It provides as good an analysis of the problems of establishing such programs as is available and presents the questions which will have to be dealt with by any service provider entering this arena.

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Tractenberg, Paul L., New Jersey Dispute Resolution: A Lawyer's Guide to State and Federal Court Programs, New Jersey Law Journal Books, PO Box 20081, Newark, NJ 07101-6081 (481pp $79.95 1994)

Book review by James B. Boskey

New Jersey has been claiming for the past year or so to be one of the leading states in the United States in developing court-annexed dispute resolution, which it calls complementary, rather than alternative, dispute resolution. There is no question that there have been a wide range of programs in operation, but, until the publication of the this volume, it has been very difficult to identify all of them, and finding out how each one operated and what approaches they used was functionally an impossibility. Paul Tractenberg, a Professor at Rutgers Law School, has taken the bull by the horns and prepared a comprehensive analysis of the court-annexed dispute resolution programs in the state.

The volume begins with a series of essays setting forth the background to the analysis presented. Tractenberg offers brief histories of ADR in general, the evolution of CDR in New Jersey, the impact of ADR and CDR on lawyers, and an overview of the world of disputes, which defines the basic terminology of the ADR/CDR movement. This is followed by an overview of the CDR programs available in New Jersey, detailed descriptions of each of the programs, a section of ADR in the federal courts including a description of the two major programs available in the New Jersey District Court and a list of designated dispute resolution specialists issued by the Administrative Conference of the United States, an essay on non-court annexed ADR, a bibliography, and set of finding tables.

The bulk of the book is made up of the individual program descriptions. Seven of the programs exist, by court rule or statute, in each of these vicinages, and in some cases a separate program in each county. These seven programs include three in the Family Division-custody and visitation mediation, matrimonial early settlement panels, and juvenile conference committees, two in the Civil Division-automobile and personal injury arbitration (both non-binding), and one each in the Special Civil Part-small claims mediation, and municipal courts-alternatively described as neighborhood, community dispute, or municipal court mediation. In addition there are a number of programs that exist in a single vicinage or court within such vicinage, either on a trial basis or because of a peculiar perceived need in that court, and several that are operating in some but not all areas of the state.

For each of the programs, Tractenberg has collected basic information in a standard format. The information is organized by vicinage (the New Jersey Superior Court is divided geographically into fifteen vicinages, each coterminous with one or more of the state's 22 counties) and division of the court, and each program is described on one or more pages. The description of each program begins the name, address, and phone number of the program, the contact person and his or her hours of availability. This is followed by a general description of the program-its purpose, the types of cases and issues involved, indicia of suitability for participation in the program if they are available, and the types of persons who actually participate as clients of the program.

This is followed by a description of the role of the judge and attorneys in the program, the referral process (including the timetable for the hearing of disputes), and whether or not, and for whom, participation is mandatory. This is followed by a brief description of the procedures followed, a description of the staffing of the program including the qualifications, training and means of assignment of staff and volunteers to the program, involvement of outside agencies and relationship with other programs, a statement of costs and fees, and a report on settlement rates and on the means by which settlement is formalized.

Very simply this is a volume which every attorney in the State of New Jersey who ever deals with the courts directly will have to have on his or her desk. New Jersey courts rarely publish local rules, relying on attorneys to consult their fellows to discover peculiarities of local practice. For the CDR/ADR area, this volume will serve in lieu of a collection of such local practice rules, and every attorney will need to know the extent to which his or her practice is governed by them.

* * *

Singh, S.D. and Mathur, G.C., Law of Arbitration, Eastern Book Company, 34 Lalbach, Lucknow, India (1056pp Rs.475 1994)

Book review by James B. Boskey

The law of arbitration in India is largely based on The Arbitration Act of 1940. This Act, which followed in substantial part the English law of Arbitration of the day, created a fairly complex scheme, allowing court intervention into the arbitration process in far more circumstances and far more detail than most modern arbitration laws. As the author points out, it is well past time for a change and modernization in that law, but until that occurs, Singh's treatise, now in its tenth edition, will remain the authoritative work on the statute.

The first edition of the treatise was published the year after The Arbitration Act was first effective. Since that time the law under the Act has expanded apace, and the treatise has grown to match this expansion. Basically in the form of detailed annotation of the statute, the annotation provides clear textual explanations of all aspects of the statute and citation to the full range of relevant cases decided under it. It also deals, where appropriate, with state amendments to the statute, thus providing a comprehensive view of the interpretation of the statute under Indian law. Also included as appendices are two statutes relating to foreign awards, the rules framed by the High Courts of 13 states under section 44 of the act, various sets of arbitration rules published by arbitration administrative groups including state based Chambers of Commerce, the latest state amendments, and some sample forms.

The focus of the volume is almost exclusively on internal arbitration in India. The author has made the appropriate, in light of the length of the treatise, decision not to include any substantial discussion of international arbitration, leaving that subject for others. For the interpretation of the statute, this is clearly the volume to consult.

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Walsh, David J., On Different Planes: An Organizational Analysis of Cooperation and Conflict among Airline Unions, ILR Press, School of Industrial Relations, Cornell University, Ithaca, NY 14851-0952 (224pp $36(c) $17.95(p) 1994)

Book review by James B. Boskey

My coverage of books in the labor relations field is generally limited to books dealing directly with issues of arbitration, mediation and other dispute resolution mechanisms. Every so often, however, I see a book on other aspects of labor-management relations which looks as if it might hold an interest for the readers of this newsletter, and obtain a copy for review. In this case, my suspicion that such an interest might attach appears to have been a misjudgment.

The story of labor relations in the airline industry is one that is both potentially exciting and interesting. One of the areas that is especially interesting is the relationship between the unions that are involved as they demonstrate many of the traditional tensions between high level, high paid professionals and lower paid clerical and mechanical workers as well as the traditional tensions between labor and management. Few industries have shown as clear a pattern of competition amongst their unions, often to the cost of union members, and the same level of difficulty in coming up with coordinated approaches to dealing with management.

This study, which uses the airline unions as a model to examine patterns of interunion cooperation and conflict, however, manages to disguise much of this potential interest under a highly formalistic analysis of interunion relations and an overemphasis on research method to the cost of the underlying story. Often the real tensions amongst the unions are disguised by reducing the analysis to simple counting of numbers of contacts and other events without any real attention being paid to the external and internal factors that influenced union decision making. The tale is one that needed an anthropologist's careful hand to demonstrate the culture clashes between pilots and others, but instead received the statistical treatment of the modern management theorist which hides the reasons for the problems that are identified.

The book carries the tone of a doctoral dissertation that has been published in large part as originally written. Terms are defined and redefined and meaningless statistical summaries of data that have been collected in such a way as to assure their statistical irrelevance, are offered as means of reaching cautiously hedged conclusions as to the least important problems that are seen. While some of the historical material is interesting, its real interest tends to be disguised by the surrounding analysis that focuses the reader's attention away from the questions that should have been dealt with in a study of this kind.

* * *

Susskind, Lawrence, Environmental Diplomacy: Negotiating More Effective Global Agreements, Oxford University Press, 200 Madison Ave., New York, NY 10016 (201pp $45(c) $14.95(p) 1994)

Book review by James B. Boskey

Basically the fact that a book has been written by Larry Susskind is a guarantee that it is at least very good, and sometimes, as here, it is more than that. Larry has a tendency to take on unmanageable topics, both as a dispute resolver and a writer, and to succeed in bringing them into manageable compass. Here, he has done exactly that.

A fair amount has been written about negotiation of environmental issues in the international setting, but much of what is available has served largely to reemphasize the complexity of the topic without offering a useable theoretical framework for dealing with the problems that it poses. Susskind, in contrast, has pulled together a coherent structured approach to the improvement of such negotiations, focusing both on the governmental and NGO (Non-Governmental Organizations) aspects.

The book focuses on several basic issues in multilateral negotiations on environmental issues. It begins by demonstrating the weaknesses in the current system, and then addresses the problems posed by representative negotiations and the need for unanimity or near unanimity. This is followed by an examination of the problems of using scientific information, with an especially well informed discussion of the problems posed by advocacy science. Susskind then continues with a look at issue linkage factors, demonstrating how issue linkage can aid or confuse the negotiation process and offers guidelines to dealing with the problems posed. This is followed by a discussion of monitoring problems, and the book closes with an analysis of the Salzburg Initiative as a partial solution to many of the issues discussed.

The book is well written and clear in both description and analysis, but this should not be taken to mean that it is easy to read. Susskind's writing is dense, in the best sense of the word meaning that he conveys a great deal of information in relatively brief compass. This means, however, that the reader must stop and consider each point as it is made to be sure of seeing the range of ideas that are suggested.

* * *

Salomone, William G., Salomone on Mediation: A Practice and Procedure Handbook, Procopy, 5209 E. Fowler Ave., Temple Terrace,. FL 33617 (194pp $45.50 1993) [7/93]

Book review by James B. Boskey

Before beginning this review, I should note that the number of pages stated above may not be correct as I am reviewing this book in a pre-publication form and am not certain if the final published version will be paginated in the same manner as this version.

William Salomone, a civil engineer and lawyer, who is a certified civil mediator for the Florida courts, has prepared what he describes as a practice and procedure handbook for mediation. The book is designed to assist attorneys in case management in and through mediation, with a focus on private and state court-annexed mediation.

The book is divided into three sections. The first section offers a set of standard rules and procedures for private mediation that have been developed by the author. The second section focuses on case management, and the third on the use of mediation during the litigation process.

The standard rules in the first section are modeled on the American Arbitration Association and other standard mediation rule sets. They include a model contract clause, definitions, procedures for the selection of a mediator and a mediation coordinator (administrator), notice and procedural provisions, and provisions for the enforcement of agreements arising out of the mediation process. Unfortunately the rules are not well organized, jumping from concept to concept in what often appears to be a random manner, and often failing to adequately define some of the terms used. There are also several cases where the style in which the rules is set forth is likely to confuse rather than enlighten the user. This section also includes forms for a joint stipulation for private mediation, unfortunately written in "high legalese" rather than in plain language, and a notice of private mediation.

The second section of the book is a rather simple minded statement of case management by the attorney. Starting with the initial interview with the client, the author speaks of the need to consider the client's real interests and advises the attorney to take into account such important considerations as whether the case will be profitable for the attorney. A brief chapter on prelitigation mediation says, in essence, consider using such mediation, but provides no meaningful guidelines as to when it should be adopted. This is followed by a rather poorly stated description of the goals of a case management conference and the attorney's role in participating in such a conference, and a two page chapter on trials which says that you can use mediation before trial too.

The final section of the book addresses the organizational structure of mediation. It inadequately describes the Florida practice and offers a series of standard forms that can be used in mediation under that practice. Little or no recognition is given to alternative forms of mediation practice and little or no attention is paid to the real functions of mediation.

Overall, this is not a book that can be recommended to any reader. For the person knowledgeable in mediation it will provide no new or useful information, and for the inexperienced individual it will mislead him or her as to the nature of the process.

* * *

van den Berg, Albert Jan, International Handbook on Commercial Arbitration, Kluwer Law and Taxation, P.O. Box 358, Accord Station, Accord, MA 02018-0358 (3vols $274) [7/93]

Book review by James B. Boskey

The International Handbook on Commercial Arbitration was originally published in 1984, but has been substantially revised and deserves an updated review at this time. Three volumes in length, it extends the definition of "handbook" to an extreme, but it remains one of the most valuable resources available to both the practitioner and academic with an interest in the field.

The handbook consists of a series of country reports on arbitration. Each report is organized into seven chapters. First is an introduction, which provides background and sources of information on arbitration in the country-including sources of law, practice of arbitration, a list of administering bodies, their rules and activities, and a bibliography of books and journals on arbitration in the country. Additional chapters examine the arbitration agreement-form, permissible parties, subject matters, severability of arbitration clauses, and effect of arbitration; Arbitrators-selection, appointment, liability, etc.; Arbitral procedure-place, evidence, use of experts, representation, defaults, and related topics; the Arbitral Award-use of interim awards, form, applicable law, etc.; Means of Recourse against an award; and treatment of Foreign Arbitral Awards.

The volumes now include 44 individual country reports from Argentina to Yugoslavia, and several collective reports-The Arab Countries, Inter-American Arbitration, and UNCITRAL. The reports are regularly updated, and there is no alternative resource available which offers such comprehensive information. This is a volume that belongs on the shelf of any international practitioner or substantial law library.

* * *

van den Berg, Albert Jan, Yearbook Commercial Arbitration Vol. XVII-1992, Kluwer Law and Taxation, P.O. Box 358, Accord Station, Accord, MA 02018-0358 (p 1993) [7/93]

Book review by James B. Boskey

The Yearbook of Commercial Arbitration is a companion volume to the International Handbook on Commercial Arbitration (reviewed above). It consists of seven parts which supplement the information contained in the Handbook.

As originally designed, Part I of the Yearbook contained updated national reports. These have now been incorporated into the Handbook, which is published in looseleaf form, and will be included in the Yearbook only in those years when there is insufficient updating information to justify a looseleaf update of that volume.

The bulk of the Yearbook is taken up with recent legal developments in international commercial arbitration. Part IIA, arbitral awards, includes the text of several major awards, one from UNCITRAL, two from ICSID, and seven from the ICC, six final and one interim. As with all materials in the volume these are selected for their importance and there is no attempt to serve as a comprehensive reporter. Part IIB&C offers judicial opinions on arbitration from the EEC Court of Justice, Switzerland, and a UNCITRAL related opinion from Hong Kong. Part VA does the same for judicial opinions on the New York Convention from a variety of countries, while VB&C do the same for the European Convention and the Washington Convention (including lists of contracting states and in the case of the European Convention an extended commentary).

Part IIIA provides the text of new arbitration rule sets. Included are new American Arbitration Association, European Development Fund, India Council and Japan Commercial Arbitration Association rules. Part IIIB reports on the Iran-US Claims Tribunal with a survey of awards and selected awards

Part IV deals with recent developments in arbitration law and practice with articles from China, England, and Scotland, while Parts VI, which is intended to carry articles on arbitration was eliminated for lack of space and Part VII offers a bibliography including a list of journals on arbitration.

Like the Handbook, which this accompanies, the Yearbook is an essential research tool for anyone practicing in the international arena and belongs on the shelf of any major law library.

* * *

van Hof, Jacomijn J., Commentary on the UNCITRAL Arbitration Rules: The Application by the Iran-U.S. Claims Tribunal, Kluwer Law and Taxation, P.O. Box 358, Accord Station, Accord, MA 02018-0358 (382pp $66 1992) [7/93]

Far and away the most extensive application of the UNCITRAL rules has been their use in the Iran-US Claims Tribunal. While there has been a great deal written about the law developed by the Tribunal, van Hof's analysis is far and away the most comprehensive study available. In essence, she has annotated the UNCITRAL rules with the actions of the Tribunal, taking account of most, if not all, of the academic writings that have addressed the issues raised.

After a brief introduction setting forth the history of the Rules and the Tribunal and addressing the question of whether the tribunal operates on a pure international law basis or a national one, the volume takes each of the UNCITRAL rules in turn, sets out the rule and any tribunal rules which relate to them, and then examines the travaux préparatoires, the tribunal rules, other relevant rules, and the tribunal's practice. Van Hof has been comprehensive in her review, examining every case decided by the tribunal as well as most of the secondary literature.

For anyone seeking to develop a comprehensive understanding of the way in which the UNCITRAL rules work, this volume will be an essential resource. While there are issues that arise under UNCITRAL that have not been dealt with by the tribunal, any serious attempt to apply the rules must start with the information that is offered. The extensive bibliography and table of awards will also be helpful to those seeking to examine any of the issues that are raised in more detail.

* * *

Shaftoe, David, Responding to Changing Times: Environmental Mediation in Canada, The Network, Conrad Grebel College, Waterloo, Ontario N2L 3G6, Canada. (167pp $24.95can 1993) [7/93]

Book review by James B. Boskey

Responding to Changing Times is an introduction to environmental mediation with a Canadian orientation. It is designed for a reader with relatively little or no background in the mediation process, and made up of short, easily readable text segments combined with a series of bibliographies that will allow more extensive exploration of the subjects covered.

The first half of the book describes the mediation process with particular focus on environmental mediation. It is made up of a series of short (1-3) page text segments supported by articles or partial articles taken from alternative dispute resolution newsletters. The first substantive chapter describes the mediation process, the second looks to the application of mediation to environmental issues with three brief case studies, the third contains four brief articles on process issues, while the fourth turns the focus directly on the Canadian situation. This portion of the books is supported with a brief annotated bibliography and a list of references.

The second part of the book is made up, largely, of three additional bibliographies. The first, and most extensive, is a reprint of a bibliography prepared by the Canadian Federal Environmental Assessment Review Office, under the title Environmental Mediation: A Sourcebook, which is republished here for the first time. The other two bibliographies are reprinted from the Environmental Mediation Study conducted by the Law Reform Commission of Canada and focus on issues in environmental mediation and types of disputes. Finally four slightly longer process articles are included as appendices.

This is a strange book, and what is even stranger is that on the whole it works. One would think that pulling together these miscellaneous materials would leave one with a document that was too scattered to be useful, but the careful editing and preparation of introductory and transition sections by the editor allows the book to hold together. While it will not provide a very sophisticated understanding of the environmental mediation process, it could be used to provide a public official or other advocate with limited time a rough and ready understanding of the process.

* * *

Thompson, W. Scott, et. al., Dialogues on Conflict Resolution: Bridging Theory and Practice, United States Institute for Peace, Suite 700, 1550 M Street NW, Washington, DC 20005-1708 (57pp free 1993) [7/93]

United States Institute of Peace, Conflict and Conflict Resolution in Mozambique, United States Institute for Peace, Suite 700, 1550 M Street NW, Washington, DC 20005-1708 (44pp free 1993) [7/93]

United States Institute of Peace, Conflict and Conflict Resolution in Yugoslavia, United States Institute for Peace, Suite 700, 1550 M Street NW, Washington, DC 20005-1708 (40pp free 1993) [7/93]

Book review by James B. Boskey

The three volumes listed above are each a portion of the report on a conference held July 13-15, 1992 by the United States Institute of Peace entitled Dialogues on Conflict Resolution: Bridging Theory and Practice. The conference was designed to, and did, examine the role of traditional negotiation and the effect of newer conflict resolution mechanisms to international dispute management.

The first publication, Thompson et. al., contains the four major addresses delivered at the conference which were intended to provide a context for the discussions that followed. W. Scott Thompson's paper, "Conflict and Conflict Resolution: On to the Twenty-First Century", provides conflict resolvers with the assurance that we are not about to see a radical outbreak of peace, eliminating the need for our services, although there is some hope for a gradual reduction in the amount of international conflict. James Laue offered an overview of the conflict resolution field with an examination of some international applications, Sir Brian Urquhart looked at the traits of successful conflict resolvers (focusing especially on Ralph Bunche), and Chester Crocker offered a summary of the lessons to be drawn from the speeches and some of the questions from the audience, which are also included.

The Mozambique report provides a summary of the colonial and civil war history of that country, followed by an analysis of the key issues in dispute and its current status. This is followed by a report of the conference discussion and summary of post-conference developments. The report on Yugoslavia similarly begins with a brief history and report on the current crisis, followed by an examination of the conflict resolution techniques that have been attempted and an extended report on the conference discussions.

All three of the volumes are valuable, but the two case studies are particularly important as they allow a narrow focus on the use of conflict resolution techniques in real world situations.

* * *

Sjostedt, Gunnar, International Environmental Negotiation, Sage Publications, P.O. Box 584, Newbury Park, CA 91359-9924 (328pp $39.95 1992) [3/93]

Book review by James B. Boskey

International Environmental Negotiation is the second book in a series being developed by the steering committee of the Process of International Negotiation Project in Austria. The first book in the series, which I reviewed several issues ago was Victor Kremenyuk's International Negotiation.

This book offers, through a series of papers by eminent scholars in negotiation and environmental studies, a detailed overview of both the substantive and procedural nature of environmental negotiation problems. The papers, which it appears were all specially commissioned for this volume, are divided into three sections, the first dealing with the history and general organizing principles of environmental negotiation, the second consisting of a series of case studies on particular negotiation subject matters, and the third offering analytical conclusions drawn from the case studies.

The group of papers, Kremenyuk and Lang on "The Political, Diplomatic and Legal Background" and Faure and Rubin on "Organizing Concepts and Questions" set environmental negotiations in the general international political framework, examining the nature of state interests and the actors who are involved with the process and then identify the factors that distinguish environmental negotiations from the general run of issues that are negotiated in an international context.

The case studies in the second section cover a wide range of issues: Szell on the Ozone Layer, Kempel on transboundary movement of hazardous wastes, Sjostedt on nuclear pollution, Shaw on acid rain, Thacher on the Mediterranean, Dupont on the Rhine, Mortimore on the Sahel, and Lang on biological conservation and diversity. Finally, Jim Sebenius offers an examination of the law of the sea conference with specific reference to global warming which also considers the interaction between rounds of negotiation as a general factor in environmental discussions.

The third section offers a theoretical analysis of the issues that are posed by the case studies. Benedick and Zartman offer practical perspectives on the negotiation process, while Young looks at the role of international organizations. Jeffrey Rubin looks at the role of mediation as an aid to resolution in these disputes. Finally Sjostedt and Spector offer a summary of some of the conclusions that can be drawn from the papers.

This book offers a unique combination of a detailed examination of one of the most difficult areas of negotiation from both a substantive and theoretical perspective. It will be important reading not only for those with an interest in environmental questions, but for anyone seeking a theoretical understanding of complex negotiation processes.

* * *

World Foundation, A Symposium on International Environmental Conflict Resolution, World Foundation for Environment and Development, 3027 Arizona Ave. NW, Washington, DC 20016 (32pp free 1992) [3/93]

Book review by James B. Boskey

This extended brochure reports on a conference held in Oslo, Norway in February, 1992. The symposium was sponsored by the World Foundation for Environment and Development and was based on research centered at the University of Oslo which will be published in a book entitled International Environmental Conflict Resolution: The Role of the United Nations. This report provides a summary of the organizing themes of the conference and some of the more important observations. Included are the opening remarks by the Norwegian Secretary-General of the Ministry of the Environment and an examination of some of the major issues in conflict and conflict resolution in an international setting. The brochure provides a useful overview of the use of conflict resolution methods in the international environmental area.

* * *

Zack, Arnold, A Handbook for Grievance Arbitration: Procedural and Ethical Issues, Lexington Books, 866 Third Avenue, New York, NY 10022 (212pp $45 1992) [3/93]

Book review by James B. Boskey

Arnold Zack is one of the most experienced and respected labor arbitrators in the United States, so the opportunity to pick his brain is one that should not be passed up by any advocate or neutral in the labor-management arena. In 1989 he offered his expertise of substantive decision making in grievance cases in the volume to which this one is a companion, and in this book he offers a similar guide to the procedural elements of grievance arbitration.

The role of the arbitrator in grievance arbitrations is complicated by the fact that he or she is required to decide both procedural and substantive issues. Many of the procedural issues are complicated by their intertwining with substantive questions as well as by the influence that their decision may have on the capacity of the arbitrator to remain on the case. In the context of the Code of Professional Responsibility for Arbitrators, promulgated by the National Academy of Arbitrators, the Federal Mediation and Conciliation Service, and the American Arbitration Association, Zack answers or proposes approaches to answering many of the serious problems that may arise.

This is not, however, merely a volume for the neutral. In the course of his discussion, Zack defines proper conduct for the advocate as well as the neutral and resolves many of the technical problems that the advocate will face in grievance hearings as well.

All those involved with the grievance process will want to have read this book and most will also want to carry it with them to hearings. The detailed index will rapidly identify the thoughtful analysis that will assist the advocate or neutral in the proper management of most grievance matters.

* * *

Sander, Frank E.A., Emerging ADR Issues in State and Federal Courts, American Bar Association, 750 North Lake Shore Drive, Chicago, IL 60611 (250pp 1991) [3/93]

Book review by James B. Boskey

Emerging Issues is a collection of papers presented at a conference in April, 1991 co-sponsored by the American Bar Association Section on Litigation, the Center for Public Resources, an Harvard Law School on Emerging ADR Issues in the State and Federal Courts. The major papers are one on "Models for Managing Mass Tort and Insurance Coverage Litigation" by Francis Mc Govern, "Institutionalizing Court ADR Programs" by the Hon. Wayne Brazil, "Perspective of Advocates and Clients on Court ADR" by Deanne Siemer, "The Mediator and the Judge: A Dialogue from the World of Public Disputes" by Larry Susskind, and "Evaluating ADR Programs" by Craig McEwen. In addition, summaries of panel presentations: an ADR Roundtable, ADR Approaches to Mass Torts, Mandatory v Non-Mandatory Programs, Institutionalizing Court ADR Programs, Perspectives of Advocates and Clients on Court ADR, Public Policy Disputes in the Courts: The Promise of Mediation, Evaluating ADR Programs, and a panel summarizing the lessons learned from the meeting, were prepared by Melinda Ostermeyer.

Most of the papers presented at the conference have been presented in similar form at other programs, but the papers are all valuable ones which deserve wide exposure. This volume offers convenient access to some important information that might otherwise have been available only to those who managed to attend one of the meetings at which the papers were presented.

* * *

Zak, Michal, Walking the Tightrope: Encounters Between Jewish and Palestinian Youth in Israel, Neve Shalom/Wahat Al-Salaam, #502, 121 Sixth Ave., New York, NY 10013 (66pp $20 1992) [11/92]

Book review by James B. Boskey

Neve Shalom/Wahat Al-Salam is a village in Israel dedicated to developing peaceful relations between jewish and palestinian Israelis. Developed specifically for that purpose, it is one of the few communities that has actively attempted to recruit residents of both communities. As a part of its program, it operates the School for Peace, which, inter. alia., provides encounter sessions for members of the two communities and helps them to resolve their differences or at least identify the opportunities for such resolution.

Walking the Tightrope is a manual that the School for Peace uses for its encounter sessions for teenagers. These sessions, which bring together palestinian and jewish high school students, often provide the first opportunity for these students to interact on an in depth basis with members of the other community. The manual describes the nature of the encounter sessions, sets for the goals for each portion of the session, and provides a list of exercises that are used to effectuate the goal of improving communication between the members of the groups.

The program described in Walking the Tightrope is very specifically designed for palestinian-jewish encounters. Despite that, the general principles and approaches used could well be adopted to increase communication between other groups that have substantial difficulty in communication and in accepting the validity of each others' existence. The manual is clearly presented and the exercises are clearly described.

* * *

Wirthlin Group, National Survey Findings On: Public Opinion Towards Dispute Resolution, National Institute for Dispute Resolution, 1901 L St., NW, Suite 600, Washington, DC 20036 (36pp free 1992) [11/92]

Book review by James B. Boskey

This survey, which is reported briefly elsewhere in this issue of this newsletter, is a study which was funded by the National Institute for Dispute Resolution to examine public response to dispute resolution. It incorporated focus groups in Maryland, Illinois, and California and a national telephone survey of 822 adults living in the continental United States. The report focuses on the results of the national survey.

The general conclusions of the survey are that most Americans are not initially inclined to use formal dispute resolution methods to resolve their disputes and, while they are open to considering new ways of handling their problems, they do not think of arbitration or mediation when they hear the words "dispute resolution ". Most respondents when the idea of arbitration or mediation was explained to them say that they would use a mediator (62%) or arbitrator (54%) rather than going to court, but the manner in which the question was posed (allowing the party to have the advice of counsel and reserve their right to go to court) makes these numbers somewhat suspect.

The report contains the complete findings of the survey and the questionnaire that was used by the Wirthlin Group to solicit responses.

* * *

Susskind, Lawrence E., Dolin, Eric Jay, and Breslin, J. William, International Environmental Treaty Making, PON Books, Program on Negotiation, Harvard Law School, 513 Pound Hall, Cambridge, MA 02138 (192pp $15 1992) [11/92]

Book review by James B. Boskey

Environmental issues have become one of the central features of intergovernmental treaty negotiations in recent years. They are, however, one of the most difficult groups of issues to negotiate effectively, however, both because of the difficult highly technical questions that are involved and because of the intense dichotomy of views on the appropriate balance between environmental and more immediate economic concerns.

In this volume a group of experts on international environmental negotiations address some of the procedural mechanisms which are available to improve the process of such negotiation in order to increase the likelihood of successful dispute resolution and, even more importantly, planning for future development.

The authors come from a wide range of backgrounds. They come from Africa, Australia, and Latin America as well as the United States and Canada, and range from scholars through government officials. The papers are the product of a graduate seminar at MIT, run by Professor Susskind on International Environmental Negotiation, but, as one would expect from the qualifications of the authors, these are, by no means, typical student papers, but rather reflect extraordinary expertise and skill on the part of the authors.

The topics covered include the role of NGOs (non-governmental organizations), secretariats, the United Nations Environmental Program and joint commissions as players in the international environmental sphere, technical aids including remote sensing and computer networks, and discussions of improving compliance and the negotiation of the convention on biological diversity. Each paper is supported by appropriate references. Overall these are valuable articles for those working in the international environmental field.

* * *

Volpe, Maria R. and Maida, Peter R., Sociological Practice: Conflict Processing, Michigan State University Press, 1405 S. Harrison Rd., 25 Manley Miles Building, East Lansing, MI 48823-5202 (186pp $18 1992) [3/93]

Book review by James B. Boskey

Sociological Practice is that near oxymoron an annual journal. This years issue, edited by Maria Volpe and Peter Maida, focuses on Conflict Processing with a series of solid articles, mostly using sociological research techniques to address issues in mediation and dispute resolution practice.

An introductory article by the editors is a call to arms for sociologists to interest themselves in dispute processing questions, suggesting reasons that the specific skills of the sociologist might be useful in this regard. Following this, the first group of articles address practical questions in the implementation of dispute resolution process including: resistance to mediation, the effect of spousal violence on the outcome of custody mediation, interventions in child abuse, power imbalance is special education mediation, gender in workplace dispute resolution, and consumer complaint mechanism and their effectiveness at revealing consumer dissatisfaction.

The second section of the volume offers four articles addressing the resolution of deep-rooted conflict. Louis Kreigsberg and Jim Laue set the frame, Kreigsberg with a piece on research and policy implications of intractable conflicts and Laue with a discussion of setting the forum for negotiation in such disputes. This is followed by articles on the Skokie-Nazi and Philadelphia MOVE disputes as examples of the problem. The volume concludes with a list of resources and french abstracts of the articles.

While there is little in this volume that will be new to the experienced ADR academic, the articles offered are well written and the volume would provide a useful reader, especially for undergraduate students in their first examination of ADR.

* * *

Taylor, Suzzanne S., Negotiating Health Insurance in the Workplace: A Basic Guide, BNA Books, 1231 25th St. NW, Washington, DC 20037 (310pp $48 1992) [3/93]

Book review by James B. Boskey

In selecting books for review I have a tendency to slide past volumes that deal with negotiation of specific issues, assuming that their primary interest is for those in the substantive area in question rather than for those interested in negotiation as a dispute resolution subject generally. Like every rule, however, this one has an exception, and the exception is that where I am interested in the underlying subject matter, I may review the book.

In the case of Suzzanne Taylor's new volume on negotiation of health insurance, I am glad that I allowed the exception to guide me, as it is an unusually well written and well thought through approach to a difficult topic.

While the provision of health insurance in the workplace is usually a matter of collective bargaining, Taylor's focus is to demonstrate that negotiations over these issues are, in reality, three or four sided. Not only is agreement necessary between labor and management, but an agreement acceptable to both of those parties must also be reached with the potential carrier or carriers. Beyond this, always at the table-although usually in the form of laws and regulation, are the federal, and sometimes the state, government, which place substantial limitations on the scope of the agreement to be reached.

Taylor begins her discussion with a brief explanation of the nature of the health care crisis facing labor and industry in the United States, and then explains the nature of the options available under insurance plans and the pricing and marketing methods which may affect their evaluation. She then turns to specific bargaining elements, cost shifting or cost sharing programs, cost containment issues, and the like. She then turns to the process of negotiation with the insurance provider and examines the government regulations that impinge on decision making.

While the book has a clear management orientation, it is well written and succeeds in clarifying many of the difficult issues that need to be addressed in dealing with health care insurance questions. It will be valuable reading for those involved in this sort of negotiation, regardless of the side they represent, and also offers a model for describing the process of effective negotiation preparation.

* * *

Sochynski, Yaroslav and Baird, Mariah, California ADR Practice Guide, Shepards, P.O. 35300, Colorado Springs, CO 80935-3530 (500pp $95 1992) [3/93]

Book review by James B. Boskey

In developing the California ADR Practice Guide, Sochynski and Baird have used the wise approach of not attempting to deal themselves with every area of ADR, but rather to invite experts in each area to provide chapters on the subjects of their expertise. Each chapter is organized as a separate pamphlet, allowing the reader to easily select the relevant chapters and remove them from the binder instead of having to carry the entire volume with them when they are examining specific issues.

The Guide's coverage is extensive, and the intent is clearly to expand its coverage as new chapters on additional topics become available. At present, after the introductory chapter which discusses the distinctions between arbitration and mediation and introduces other areas of ADR, the coverage is as follows. Ten chapters examine the arbitration process generally, dealing with issues from initiating arbitration and the drafting of the arbitration clause, through discovery and conducting the hearing to the award, vacating the award, and avoiding delay in arbitration. Four chapters provide overview information about mediation, while separate chapters deal with the use of ADR in specific settings. These include topics ranging from an overview of corporate and law firm use of ADR, through specific chapters on mediation in family law and environmental cases, mediation and arbitration in real estate and the workplace, general ADR in construction and banking, and arbitration in medical malpractice, and title insurance.

The individual chapters range from about 10 to 70 pages in length, but all seem to be well written and professionally edited. The simple section format employed is a convenient means of presenting a wide range of materials and is generally effective in making the material accessible. Appendices include the California Arbitration Law, the US Arbitration Act, and various American Arbitration Association rules sets, and lists of cases and authorities and an index are provided. While reasonable efforts have been made to localize the material with California statutory and other references, most of the material in the volume is general in nature, and the book would by easily usable in states other than California.

* * *

Weeks, Dudley, The Eight Essential Steps to Conflict Resolution, Jeremy P. Tarcher, 5858 Wilshire Blvd., Suite 200, Los Angeles, CA 90036 ($20.95 1992) [11/92]

Book review by James B. Boskey

In this practical text on how to resolve conflicts in which one is involved, Dudley weeks uses the concept of "conflict partnership" to identify the cooperative approach to conflict resolution. In so doing, he focuses his attention on conflict as a natural and periodic event in continuing relationships between the parties to the conflict rather than examining conflict events as discrete occurrences independent of any other ongoing relationship.

After an introduction to the idea of conflict resolution, Weeks address several common means by which individuals respond to conflict and the elements of a relationship which are likely to lead to conflict arising. He then proceeds to address the conflict partnership approach, setting forth his eight steps to conflict resolution.

The eight step approach that Weeks promotes is in no way unique, but rather offers one distillation of the basic approaches that have been presented by a wide range of dispute resolvers. The eight steps include creation of an effective atmosphere, clarification of perceptions, focusing on needs, building shared power, looking to the future, generating options, focusing on accomplishable goals, and making agreements that are mutually beneficial. The steps are clearly described, good examples are used, but overall the book contributes little to our knowledge of the disputing process.

Following his description of the eight steps, Weeks turns to some problem areas that can arise. He addresses briefly such topics as dealing with anger, getting past no-he does not use the Ury term, but addresses the same questions, and when to use a third party facilitator. Again these sections are workmanlike but offer nothing original.

If Weeks were an outstanding writer, the lack of originality in this volume would hardly matter. He is, however, merely adequate in his presentation of the materials, and there does not appear to be any reason to favor this book over any of several others which are directed to the same goals. In addition, Weeks falls into the trap set by Fisher and Ury in their original book of assuming that all conflicts can or should be resolved in a single manner, an issue that has been addressed repeatedly in the literature.

* * *

Rothman, Jay, From Confrontation to Cooperation: Resolving Ethnic and Regional Conflict, Sage Publications, P.O. Box 5084, Newberry Park, CA 91359-9924 (304pp $44(h) $21.95(p) 1992) [11/92]

Book review by James B. Boskey

Jay Rothman is applying to peace studies and more specifically ethnic conflict issues much of what has been learned in recent years from conflict and negotiation studies. Taking probably the most difficult or intractable case of interethnic negotiations, those between Israelis and Palestinians, he has developed a model for training members of these two groups, who have rarely been able to effectively negotiate with each other effectively, to use the techniques of principled negotiation with each other.

In this volume, which combine his work from his doctoral dissertation with additional research which he has completed more recently, he presents his approach to conflict management, an overview of the problems of dispute resolution between these groups, and a detailed description of the approach that he has used to improve the level of communication between them.

The conflict management model which Rothman presents is his ARI (Adversarial/Reflexive/Integrative) approach. Fundamentally, with great oversimplification, it is a model which encourages the parties to a negotiation to examine the needs of each party to the negotiation rather than their own interests and discourages positional bargaining. While it is clearly derived from the Fisher and Ury model of Getting to Yes, he has elaborated the model for use in very intractable conflicts.

Having presented the model and a brief introduction to the nature of the conflict between the Israelis and Palestinians, he then demonstrates how he has applied the model using a group of Palestinian and Israeli students from Hebrew University. Essentially he presents the students with the model and with a specific negotiation problem, based on a real dispute, and observes and analyses their success in resolving the dispute using the model.

Having presented this, Rothman then goes on to demonstrate how the model can be applied to other conflicts. Using the examples of a racial conflict on an United States college campus, and the long standing Cyprus conflict between Greeks and Turks, he suggests that the use of the model is a powerful means of conflict resolution. Finally he includes a set of materials for others to use in a simulation for application of the model.

While the negotiation model presented is not fully original, the approach to its application is a powerful one, and the simulations presented are useful documentation of its power. Rothman offers a useful guide to development of such simulations and to their use in evaluation of the effectiveness of conflict resolution models.

* * *

Rasmussen, J. Lewis and Oakley, Robert B., Conflict Resolution in the Middle East: Simulating a Diplomatic Negotiation Between Israel and Syria, United States Institute for Peace, Suite 700, 1550 M Street NW, Washington, DC 20005-1708 (60pp $6.95 1992) [3/93]

Book review by James B. Boskey

In November of 1991, the United States Institute of Peace convened a four day simulation of a diplomatic dialogue between the Syrian and Israeli governments. This volume provides a detailed description of that exercise and a summary of the lessons learned from the process.

The essay begins with a brief history of and justification for the use of simulations/games as a means of analyzing reality. It notes their origin in "kreigspiel" (war games) dating at least back to the King's Game of the mid-1600s and possibly back as far as the origins of chess. It then looks at the use of policy exercises and conflict simulations and offers a justification for both their use and their effectiveness.

Twenty four participants (middle east and conflict resolution specialists) plus seven support staff were directly involved in the simulation. It was designed to represent four days of discussion following a plenary meeting of the type that was scheduled to take place in Madrid at the Middle East Peace Conference. The participants received extensive briefings, and a series of negotiation meetings were held-both internal strategy sessions for the separate sides and joint meetings where proposals were discussed. Guidance memoranda presented external facts that were supposed to be occurring in the surrounding world that would influence the direction of the talks. Following the exercise the participants were debriefed by the controllers of the game and a general discussion of the middle east peace process was held.

The results of the exercise are summarized in the volume and appear to demonstrate that the exercise successfully reflected many of the dynamics of the real peace process. The simulation, and this report, provide important material for the further development of such policy simulations and their potential use in the planning of international peace processes.

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Scottish Law Commission, Discussion Paper #92-Confidentiality in Family Mediation, Scottish Law Commission, 140 Causewayside, Edinburgh EH9 1PR, Scotland (187pp free 1991) [11/92]

Book review by James B. Boskey

The Scottish Law Commission, in response to a request from the Scottish Association of Family Conciliation Services (now Family Conciliation Scotland) that an evidentiary privilege should attach to the information acquired in the course of family mediation, undertook this study as part of its general work on the law of evidence. Referral to family conciliation by either the Court of Sessions or the Sheriff's Court is specifically permitted by court rule in cases involving custody or access (visitation), and, while the public conciliation services do not currently provide comprehensive divorce mediation, such mediation is being seriously considered as a future addition to their services. It appears, at present, that no privilege attaches to the conciliation process in Scotland, and, while no conciliator has yet been compelled to testify in court proceedings as to the events that occurred during a conciliation session, a real risk of this occurring exists. In addition, at least some solicitors have been reluctant to recommend conciliation processes because of a fear that he or she might be compelled to call the conciliator as a witness in a future proceeding.

After an introduction defining the terms used in the discussion and offering a summary of the paper, the study examines the current law in Scotland, reaching the conclusion that no privilege attaches to the conciliation process. This is followed by a review of the state of the law in England and Wales where such a privilege has begun to develop at common law and some specific statutory protections exist. They then examine the state of the law in this regard in Australia, Canada, Ireland, New Zealand, and the United States. In an extensive conclusion, the reporters provisionally recommend that such a privilege should attach and that that privilege should be legislatively created. The report leaves open for further examination the question of the scope of the privilege and the circumstances in which it will attach, soliciting the views of the public to assist the Commission in dealing with these issues.

This is one of the most comprehensive and thoughtful studies of the question of mediation privilege that has been published. While it addresses directly only the question of privilege in family mediation, the implications for mediation of other sorts is clearly apparent from the discussion. Anyone who is seeking to have their legislature consider implementing such a privilege would be well advised to review this work.

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Smock, David R., Religious Perspectives on War: Christian, Muslim, and Jewish Attitudes Toward Force After the Gulf War, United States Institute for Peace, Suite 700, 1550 M Street NW, Washington, DC 20005-1708 (63pp $6.95 1992) [3/93]

Book review by James B. Boskey

The issue of when, if ever, war between states is justified is a fundamental issue of moral philosophy. The concept of the "just war" has been long recognized in most western religious traditions, but the applicability of the justifying theories to modern warfare raises serious questions that are often different than those raised in traditional contexts.

On March 19, 1992, the United States Institute of Peace held a one day seminar of experts on religion and moral philosophy addressing these questions in the context of the Gulf War, which had been completed some one year earlier. Representatives of christian, jewish, and muslim groups presented their respective views on the standards for just wars and attempted to apply those principles to the activities of the United Nations forces in the attack on Iraq/defense of Kuwait.

A primary distinction was drawn by most speakers between the legitimacy of "going to war" and the military activities engaged in. There was a weak consensus that the Gulf War may have been justified, but a somewhat stronger one that many of the methods used in the attack were inappropriate. Much of the argument is casuistic, but useful ideas did emerge, and, importantly, it was generally recognized that traditional just war theories are so broad as to allow any party to propose justifications for their actions. One of the more interesting approaches was the "just peace" concept promoted by Professor Susan Thistlethwaite of the Chicago Theological Seminary which encourages the use of non-violent methods to accomplish the traditional aims of the just war without invariably rejecting the use of war in extreme situations.

The substance of the conference is well and clearly reported. David Smock has summarized the papers presented and the discussion quite clearly and has been able to avoid the common failing of simply falling into a "he said, she said" mode. While the analysis by the speakers will not be fully accepted by anyone, the questions raised are important and the perspective offered is a valuable one.

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Steer, Alan, Mediation and Decision Making: Working Alongside People with Learning Disabilities, Zircon Technical Services, 72 Second Ave., Dagenham, Essex RM10 9DT, England (73pp 13.45-3 post) [3/93]

Book review by James B. Boskey

If caring about people and seeking to see them well treated were a sufficient basis for writing a book, Alan Steer's attempt to introduce the use of (soi-disant) mediation in working with people with learning disabilities (the retarded or mentally handicapped-not those with what would be, in the United States, commonly referred to as the learning disabled) would be a brilliant exposition that anyone interested in the field would have to read. Unfortunately, Mr. Steer, a freelance social worker, lacks the technical writing skills need to communicate his ideas effectively, and, by self-publishing his book, has lost the advantage of having an outside editor's critique. The resultant work is poorly organized, ideas often being discussed in an almost random manner as they occur to the author.

Mr. Steer also misunderstands the nature of mediation, picturing it as a process where the mediator offers a series of potential solutions amongst which the parties pick and choose on a voluntary basis. Also his understanding of legal process is severely compromised and many of his proposals for legal reform either make no sense or merely demonstrate this lack of understanding.

This combination of misinformation and ineffective writing and editing unfortunately makes this book unusable for any serious purpose. This is a shame, as the basic idea of using mediation with the mentally handicapped is a legitimate one and offers substantial benefits. Its use, however, will have to await a more competent spokesperson.

* * *

Storey, Vernon, Parent-School Conflict, UVic Institute for Dispute Resolution, University of Victoria, P.O. Box 2400, Victoria, BC V8W 3H7 (106pp $12.15 1991) (7/92)

Book review by James B. Boskey

An full understanding of conflict resolution requires an understanding of the nature and origins of conflict. While the nature of conflict has been extensively studied in some areas, especially international, less attention has been paid to more common arenas in which conflict arises and the means of resolving such conflict. This study examines an area where conflict is common, but relatively unexamined, the relationship between parents and the public school systems, and examines the forms that conflict takes in that context and the manner in which such conflict is resolved.

There can be many sources of conflict between parents and schools. They can range from serious to trivial and can be easy or difficult to resolve. In this study problems in two British Columbia school districts were examined, not on a survey basis, but rather by detailed interviews with the parents involved in specific dispute situations with their school districts.

After an examination of the literature on such conflicts and on conflict management in general, twelve dispute situations were examined in detail. In each case the nature of the dispute and the manner in which resolution was attempted is presented in some detail and the reported attitudes of the parties examined as well.

As a preliminary study, there are few solid conclusions that can be drawn from the research, but those that are possible raise interesting questions. The disputes generally were not satisfactorily resolved and generally took extensive time and resources from the parties. Also the child, who was the subject of the dispute was rarely involved in the resolution process and was generally treated by all parties as an object rather than as a participant.

It is clear that this study lays an important foundation for further research on parent-schools conflict. One important conclusion that can be drawn is that the schools examined were ill prepared to deal with challenges by their student's parents and that training is needed for educators in dealing with conflict management and resolution. The study is well written and well presented and, hopefully, will lay the foundation for further research in this area.

* * *

Stone, George Peter, Family Mediation Canada, Family and Interpersonal Mediation: A Bibliography of the Periodical Literature 1980-1989, Family Mediation Canada, 123 Woolwich St., Guelph, Ontario N1H 3V1, Canada (194pp $31.25 canadian $25 canadian-members price 1992) (7/92)

Book review by James B. Boskey

The rapid growth of the literature concerning family and interpersonal mediation has a tendency to make important earlier work inaccessible. While Conflictnet may at some point offer a comprehensive data base on dispute resolution subjects that will provide for boolean searches, until now there has been no comprehensive listing that allows for a search of legal and non-legal journals for specific research results or other data.

George Stone has thus provided an important service to the community with this detailed annotated bibliography. As Stone points out the boundaries between family and interpersonal mediation and other areas are not well defined and it would be possible to nitpick over some of the decisions he has made to include or exclude particular pieces from his bibliography, but in general the selection is well made and comprehensive.

Each of the articles that is included in the bibliography is supported by a brief, one sentence, summary of the general thrust of the article. The articles are listed alphabetically by author, but a comprehensive index allows the reader immediate access to articles which may relate to any given area of interest, as well as to the publications of a particular author or journal in the covered areas. This is a volume that anyone with a serious intellectual interest in the area of family mediation will want to have close at hand.

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Whittington, Barbara, Mediation, Power and Gender: A Critical Review of Selected Readings, UVic Institute for Dispute Resolution, University of Victoria, P.O. Box 2400, Victoria, B.C. V8W 3H7, Canada (42pp price not stated 1992) (7/92)

Book review by James B. Boskey

While we are on the subject of bibliographies (see the previous two reviews), an additional bibliography published by the UVic Institute for Dispute Resolution, which has become one of the leading not-for-profit publishers on the continent, is Barbara Whittington's Mediation, Power and Gender. This is a more limited bibliography than the others discussed, and neither attempts a comprehensive listing of related items nor a detailed literature review placing the material in context.

In the course of preparing an article on mediation and sexual harassment, Professor Whittington drew together this list of readings on power imbalances and mediation. As this is a subject that has been of serious concern to feminist scholars, many of the items listed discuss gender issues, but the principal focus is on power questions. Each of the articles is described in an extended paragraph which provides both and understanding of the formal subject matter and the approach taken in the article. The descriptions appear valid and valuable. Unfortunately, however, the articles are listed in alphabetical order by author and indexed only on the same basis. The lack of a subject matter index means that the reader will have to often review the entire volume to find a particular article or coverage of a particular subject matter.

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Weiler, John and Bowering, Ann, Reaching Agreement on Urban Development: An Annotated Bibliography/La Recherche de Consensus dans le Developpement Urbain, Canadian Centre for Livable Places, Heritage Canada, P.O. Box 1358, Station B, Ottawa, Ontario K1P 5R4, Canada ($10 1992) (7/92)

Book review by James B. Boskey

The resolution of urban development conflicts is one of the most important examples of public dispute settlement and often one of the most difficult to implement because of the number of parties involved and the complexity of the issues under consideration, not to mention the political context in which decisions are made. Canada, as probably the most urbanized nation in the world, has faced these problems more acutely than most countries, and its experience in dispute management in this area can, therefore, provide guidance for other parts of the world.

The Canadian Center for Livable Places is dedicated to finding alternative, non-litigation based, means of resolving such disputes. This bibliography, compiled at the center, provides access to information on the Canadian experience as well as writings about related developments in other nations.

The bibliography is organized around seven topical headings: History and Theory, Public Participation, Negotiation and Mediation, Bargaining, Collaborative Development, Training, and Resources. In each area, a careful selection of books, journal articles, and occasional popular articles is carefully, but briefly, annotated in french and english to provide an understanding of its contents and an evaluation of its worth. While it is not indexed, the bibliography is carefully enough focused to make it quite usable, and the annotations appear to be accurate as well as informative.

* * *

Smuts, Dene and Westcott, Shauna, The Purple Shall Govern: A South African A to Z of Nonviolent Action, Oxford University Press, P.O. Box 1141, Cape Town 8000, South Africa (168pp Rand29.95 1991) (3/92)

Book review by James B. Boskey

The origins of the concept of non-violence as a means of accomplishing political goals lie in South Africa with the work and words of Mahatma Ghandi. The concept which he developed spread far from its homeland to colonial India and then, with Martin Luther King, to the United States, but only in recent times has it been restored in the place of its origins. One of the leading organizations that has encouraged the use of non-violent protest in South African has been the Centre for Intergroup Studies, and with this volume they bring to both South Africa and the world an understanding of the way in which non-violent protest has been mobilized and used to accomplish political goals in that country.

Designed as a dictionary, or at least an alphabetical list, of non-violent action in South Africa, The Purple Shall Govern, a title derived from a tactic of the South African police in spraying demonstrators with a purple die so that they could be later identified, offers a collection of selections from South African newspapers relating to the anti-apartheid struggle. The sources include both the major newspapers and the alternative press and provide a unique understanding of the process of change in South Africa.

I have always considered myself to be relatively well informed on international affairs including the political developments in South Africa, at least for a non-South African. Nothing I have previously read, however, has given me as clear a sense of the nature of the struggle that has gone on there or as clear an understanding of the motivation of those who have fought the good fight. This volume deserves to be added to the pantheon of treatises on radical action with such works as Reveille for Radicals and will serve as a guide, not only for South Africans, but for the world in the means of accomplishing social change.

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Tepley, Larry L, Legal Negotiation in a Nutshell, West Publishing Co., P.O. Box 64526, Saint Paul, MN 55164-0526 (282pp $12.95 1992) (3/92)

Book review by James B. Boskey

The first question that one has to ask in looking at this volume is whether there is a legitimate need for a "nutshell" on legal negotiation. When I was attending law school, in the dim dark past of ancient history, the purpose of West's "nutshell" series was to offer a quick and dirty textual summary of a law school course that was somewhat more scholarly than a canned outline but cheaper than a treatise. Also, the "nutshell" format, which eschews the use of footnotes, means that the documentation of the assertions made are, of necessity, mostly unsupported. Since most of the texts on legal negotiation are relatively brief and mostly textual, the need for a reconstruction in this form can easily be questioned.

That said, Larry Tepley has done a workmanlike job in the preparation of this volume. The writing style is clear and the principles stated are, for the most part, ones that could easily be supported from the negotiation literature. Oversimplification is a problem at various points, for example a statement that "Negotiation by lawyers in a legal context can be divided into six basic categories: (1) contractual transaction; (2) civil disputes; (3) labor-management negotiations; (4) criminal cases; (5) divorce and domestic relations problems; and (6) international legal negotiations." As the first and second categories are defined, I can think of several other important forms of lawyer negotiation that could easily be included.

After an introductory chapter on the nature of negotiation in law practice, Tepley addresses case evaluation and negotiation style and strategies. He then describes a four stage model of negotiation and in two chapters deals with the opening and closing stages of that process. The descriptions of factors to be taken into account are clearly adequate, but often lack the kind of detail that one would expect in a text on this subject. The greatest strength of the book is in the area of ethics, to which an appropriately serious attention is paid, but on the whole it is difficult to recommend it either to the scholar or even to the student. The need for such a summary text in a subject like negotiation is not clear, and as the student in a negotiation course is unlikely to be preparing for a classic law school final exam, the usefulness of the text is questionable.

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Zaidel, Susan, Divorce with Respect: A Guide to Divorce and Divorce Mediation in Israel, Divorce with Respect, P.O. Box 7688, Haifa 31076, Israel (250pp $22 1990) (3/92)

Book review by James B. Boskey

Dr. Susan Zaidel is one of the principal promoters of divorce mediation in Israel. She is a clinical psychologist who has offered mediation training and lectured on divorce mediation at Haifa University. In this volume she presents an exciting and well written perspective on divorce and divorce mediation, providing a solid understanding of the psychological consequences of divorce and divorce settlement, and placing mediation in a clear and useful perspective as a means of accomplishing the legitimate goals of parties involved in the divorcing process.

The concept of divorce mediation is a natural one in Israel, as the complexity and expense of the procedure for contested divorce, using both the civil and religious courts, is such as to discourage most couples from employing that process. In contrast, where the parties have reached a comprehensive agreement, the process is a very simple one and the courts play only a trivial role, so that a successful mediation can relieve many of the financial as well as the psychological constraints on the divorcing process.

After introductory chapters discussing the nature of mediation in general and the divorcing process both in and out of the courts in Israel, Dr. Zaidel provides a detailed analysis of the mediation process which a focus on the psychodynamics of the process and its influence on the parties' perception of it. She begins by examining the factors that are likely to lead to success in mediation, and follows this with a discussion of the process of selection of a mediator and the stages of the mediation process. This is followed by analyses of each of the principal issues that are involved in a divorce mediation, and a reasoned discussion of the factors that are likely to assist in reaching an agreement as to each of them.

Each of the chapters in the book contains brief examples of mediations, successful and unsuccessful, that set the framework for a clear understanding of the way in which the process works. Dr. Zaidel's focus on the process elements and the response of the parties is exemplary, and provides one of the clearest analyses of the process available anywhere. While the examples are all Israeli, the issues dealt with and the process are clearly generalizable and could be used in other countries as well.

The book is supplemented with a useful group of appendices, including translations of useful pamphlets on mediation, and lists of books in English and Hebrew on divorce and divorcing process. Overall, this is an outstanding introduction to the subject.

* * *

SPIDR, The Next Decade: Designing Dispute Resolution Systems-1990 Proceedings, 18th Annual Conference, SPIDR, Suite 700, 1100 Connecticut Ave., NW, Washington, DC 20036 (120pp price not stated 1991) (3/92)

Book review by James B. Boskey

SPIDR (The Society of Professionals in Dispute Resolution) regularly runs some of the best professional conferences in the field, and annually publishes the proceedings of its conferences in an, always useful, concise paperbound volume. The 1990 Conference, which took place in Dearborn, Michigan, dealt, as usual with a wide range of dispute resolution issues. Most of the major papers presented at that conference are reproduced here.

Amongst the more interesting papers included are Bernard Delury's keynote which looks to the developments to be expected from the Federal Mediation and Conciliation Service in the 90s and a piece by Stuart Nagel on computer-aided dispute resolution in rulemaking procedures. SPIDR has completed its transition from a labor forum into a truly universal dispute resolution organization, and the papers offered reflect that universality. The book includes a useful subject index which allows direct reference to matters of individual concern.

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Stein, Kenneth W. and Lewis, Samuel W., Making Peace Among Arabs and Israelis: Lessons from Fifty Years of Negotiating Experience, United States Institute of Peace Press, 1550 M. St. NW, Suite 700-C91, Washington, DC 20005-1708 (42pp free 1991) (3/92)

Book review by James B. Boskey

With the onset of the Washington, D.C. middle eastern peace talks, an understanding of the problems and possibilities that exist for negotiations between Israel and the other states in the Middle East has become a matter of critical concern. The United States Institute for Peace convened a study group on these issues during the April-June, 1991 period under the co-chairmanship of Ambassador Samuel Lewis and Professor Kenneth Stein, to examine the history of the negotiation process and the lessons to be learned for the present negotiations. This volume reports the conclusions that the study group reached and some of the background information that they reviewed.

The volume begins with a brief chronology of the Palestine/Israel situation with a focus on efforts to negotiate resolution of the many crises which have developed and a series of maps describing the patterns of geopolitical change in the area to lay the foundation for the textual discussion.

After a brief introduction, the history of third-party mediation efforts in the middle east from 1917 through 1991 is reviewed. The period is broken up into four eras: the transition from Palestine to Israel (1917-48), the era of multiple mediators (1948-70), the transition from multilateral to bilateral mediation (1970-73), and the era of unilateralism: the United States as primary mediator (1973-1991). This is followed by a discussion of the necessary elements for successful mediation, a valuable discussion of the preconditions for dispute resolution in the region, a discussion of the process of setting the scene for negotiations, and an analysis of the negotiation process and the "end game". Two final chapters examine the special problems of mediation between arabs and Israelis, with a focus on the United States role, and on lessons from prior international conferences.

This volume is essential reading for those with an interest in interstate negotiations in general and especially for those with an interest in the middle eastern arena. It provides a unique breadth to the examination of the negotiation process.

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Shuman, Michael and Sweig, Julia (eds.), Conditions of Peace: An Inquiry, EXPRO Press, Exploratory Project on the Conditions of Peace, 1601 Connecticut Ave., NW, 5th Floor, Washington, DC 20009 (254pp $15.95 1991) (3/92)

Book review by James B. Boskey

The Exploratory Project on the Conditions of Peace is a serious academic and practical exploration of the circumstances and programs needed to create a world view focusing on peace rather than the absence of war. To say that this is a radical approach would be an understatement, but such idealism is deserving of credit, especially when the product is as competently produced as this volume.

The basic approach that the book uses is to divide the issues of the necessary conditions into five categories: security, democracy, ecology, economics, and community, and to present an analytical essay in each area, written by a member of the EXPRO task force on the subject using the ideas that have been developed at their regular meetings. The book is introduced by a general essay on the nature of the project and its overall findings, and closed with a brief epilogue, which is basically a polite call to action. The individual essays are well written, each in a different though accessible style, and each presents a cogent and well stated argument as to the requisite process for creating a peace-based culture.

It is unlikely that either this book, or the project from which it is derived will "save the world for peace", but if no one is willing to attempt to accomplish this goal it is clear that it cannot be achieved. Full marks then for a valid and valuable effort towards a fundamental goal.

* * *

Väyrynen, Raimo, New Directions in Conflict Theory: Conflict Resolution and Conflict Transformation, Sage Publications, 2455 Teller Road, Newbury Park, CA 91320-2218 (232pp $55(c) $22.50 (p) 1991) (3/92)

Book review by James B. Boskey

The International Social Science Council is a transnational coordinating body of social scientists and professional organizations in the social sciences. In 1984 the ISSC established an Issue Group on Peace, chaired by Professor Väyrynen, which group has now produced two books, the first, The Quest for Peace: Transcending Collective Violence and War among Societies, Cultures and States, published in 1987, and the new volume reviewed here on conflict resolution and transformation.

This volume grew out of a symposium which was designed to provide an overview of various disciplinary perspectives on conflict resolution and its outcomes in different social contexts. The papers presented in this volume are edited versions of the ones presented at the symposium.

The list of contributors to this volume is exceptionally impressive. In addition to the editor, who is Professor of International Relations at Helsinki University, other contributors include Morton Deutsch, Richard Falk, Susana Peñalva of the Urban and Regional Studies Centre in Buenos Aries. The selection of contributors focused on international relations scholars, but includes individuals offering a wide range of approaches to conflict resolution problems.

The papers are for the most part overviews of differing theoretical approaches to conflict theory. As such they present relatively little material that is new, but serve as useful introductions to the state of the art in international conflict research. They are clearly academic in nature, sometimes a bit awkward in their presentation, but may provide useful starting points for further research.

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Sande, Ken, The Peacemaker: A Biblical Guide to Resolving Personal Conflict, Baker Book House, Grand Rapids, MI 49516 (246pp $14.95 1991) (11/91)

Book review by James B. Boskey

I must begin this review with a statement of personal viewpoint. I am a non-militant agnostic from a non-christian background, and, as such, I tend to be very suspicious of individuals who are able to find the answers to all of their questions in biblical quotes. I also am uncomfortable with the idea of drawing authority for dealing with human relationships from a religious source as I feel that this approach may denigrate those who are not "believers".

Ken Sande is clearly from a different background and is a true believer in the bible and christianity as a source of most if not all wisdom. He is an active conciliator/mediator with the Christian Conciliation Service, and has, in this book, attempted to demonstrate that biblical principles and approaches require that disputes between christians should be resolved in a peaceful and non-litigious manner and that the bible provides substantial guidance for the use of modern dispute resolution techniques. He would probably not limit the use of these techniques to disputes amongst christians, but his focus is clearly on these situations.

Between the biblical quotes The Peacemaker is a reasonably adequate book on conflict resolution. It takes a somewhat pollyannaish view that meditation on one's own wrongs will lead to forgiveness and resolution, but it does not ignore the basic techniques for increasing communication between individuals and places a great deal of emphasis on understanding the viewpoint of the other participant in the dispute which is valuable. From my viewpoint the emphasis on prayer as the answer is problematic at best, but for others who are believers, these techniques may be helpful in resolving disputes.

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Ury, William, Getting Past No: Negotiating With Difficult People, Bantam Books, 666 Fifth Ave., New York, NY 10103 (162pp $20 1991) (11/91)

Book review by James B. Boskey

Getting Past No is, with no pun intended, a worthy successor to Getting to Yes, Fisher and Ury's previous book which in many ways set the stage for the dispute resolution revolution by legitimating the discussion of negotiation techniques.

As most of you will recall, Getting to Yes provided a formula for interest based negotiation which, if not invariably effective, nonetheless provided useful guidelines for preparing for and participating in many negotiations. Getting Past No, without compromising the prior stance that interest based negotiation is proper in most, if not every, situation, begins with a recognition that some degree of cooperation is needed between the negotiators for an interest based system to work, and provides a series of techniques for obtaining that cooperation where the other negotiator is either unfamiliar with or rejects the interest based approach,

As usual, Bill Ury tells a good story, combining a sharp eye for the informative and amusing anecdote with an exceptional talent for classification of ideas and clarity of presentation. In this book he uses a five step approach: taking time to think, restating the issues from the other person's viewpoint, changing the negotiation process, easing the process of agreement, and closing the option not to agree. Needless to say, his use of catch phrases and his clear examples make these approaches appear both attractive and feasible in situations where one might otherwise question whether they are workable.

As with Getting to Yes, this book tends to assume that all disputes can be resolved in a peaceful, negotiated manner. I lack this degree of conviction, but there is no question that using the techniques presented will aid anyone in reaching a negotiated result. The brevity of the book is misleading and the substance will provide excellent opportunities for classroom discussion.

Teachers at U.S. law schools will be interested to know that Bill has arranged for copies of the book to be sent to the Dean of each law school with a request that the copy be forwarded to the appropriate faculty member. If your Dean has not passed it on, it may be worth asking whether she or he has a copy available for you to see.

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Walton, Richard E. and McKersie, Robert B., A Behavioral Theory of Labor Negotiation: An Analysis of a Social Interaction System, ILR Press, Institute for Labor Relations, Cornell University, Ithaca, NY 14853-3901 (492pp $21.95 1991) (11/91)

Book review by James B. Boskey

The republication of Walton and McKersie classic 1965 work on negotiation theory will reintroduce a new generation of negotiation theorists to one of the founding works in their field. Walton and McKersie, Professors respectively at the Harvard Business School and Sloan School of Management at M.I.T., were amongst the first scholars to apply behavioral science techniques to the formal study of the bargaining process in a rigorous manner, and laid the foundation for much of the research on negotiation that has followed. They were among the first to recognize that the form of negotiation in situations where there was a continuing relationship between the parties differed from discrete negotiations and to define those differences in a theoretical framework that allowed analysis based not only on the immediate results of a particular negotiation, but also on the long term effects of such negotiation on the continuing relationship between the parties.

The conceptual framework which Walton and McKersie developed of four subprocesses or species of negotiation: distributive bargaining, integrative bargaining, intraorganizational bargaining, and attitudinal bargaining, has been the foundation of most modern negotiation theory and laid the groundwork for the application of modern mediation techniques in both the labor and non-labor areas. Their perceptiveness in realizing that the approaches which they analyzed were susceptible to broad application was demonstrated by their application of their theories to international and civil rights negotiations, foreshadowing the general recognition that negotiation techniques are often fungible.

It is remarkable in rereading this work, how few of the theoretical insights that the authors offered have been superseded by subsequent theorists. While there have been many important elaborations of their theories and new areas addressed, almost all of the insights which they offered still are recognized as "correct" and valuable.

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State Bar of Texas, Dispute Resolution Texas Style, State Bar of Texas-Sales Desk, P.O. Box 12487, Austin, TX 78711 (20pp no price or date stated) (7/91)

Dispute Resolution Texas Style is a pamphlet prepared by the Standing Committee on Alternative Methods of Dispute Resolution of the State Bar of Texas to introduce attorneys and others to the range of dispute resolution devices available in that state. It is concise, clear and well presented in a form that is likely to encourage counsel to read it rather than merely place it on a back shelf and ignore.

After a brief introduction taking its theme from Justice Sandra Day O'Connor's statement that the "courts of this country should not be the places where the resolution of disputes begin. They should be the places where disputes end-after alternative methods of resolving disputes have been considered and tried.", the pamphlet provides a brief introduction to the Federal Arbitration Act and Texas statutes providing for different means of dispute resolution with an emphasis on the Texas Alternative Dispute Resolution Procedures Act, which provides a comprehensive framework for nonbinding ADR practices. This is followed by a section on Setting the Stage for ADR" which focuses on the responsibilities of counsel in preparation for and selection of appropriate ADR processes. A section on ADR procedures describes several of the major approaches including: Mediation, Mini-Trial, Moderated Settlement Conference, Summary Jury Trial, and Non-Binding Arbitration. Finally, a series of questions and answers are supplemented by selected references and a list of ADR resources available to practitioners.

The combination of brevity and clarity offered by this pamphlet is unique, and it provides a model which other states might well emulate.

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Tannis, Ernest G., Alternative Dispute Resolution That Works!, Captus Press, Inc., York University Campus, 4700 Keele St., North York, Ontario M3J 1P3, Canada (160pp $can 1989) (7/91)

Book review by James B. Boskey

In some ways Tannis's book on alternative dispute resolution reminds me of the Tom Lehrer song Nicholai Ivanovitch Lobasevsky which included the phrase "Let no one else's work evade your eyes". Tannis has certainly made a serious effort to accomplish this, creating a book by collecting a wide range of writings by others on ADR and stringing them together with introductory and transitional paragraphs of his own. Tannis uses this technique to attempt to introduce the ADR movement to those who are unfamiliar with it and to make a case for the expanded use of ADR, both in Canada and around the world.

The first four chapters of the book, dealing with the origins of ADR, concerns about ADR, the general nature of ADR, and a description of different ADR processes, each consist of extended quotations from documents or articles published by others strung together with densely written, but not terribly informative, material from the author. The remaining chapters include a reprinted brochure from his organization on its educational program, the author's marginally edited notes from conferences he attended, brief publicity squibs for randomly selected ADR organizations, and brief excerpts from the introductions to almost as randomly selected reports on ADR especially from Canada. Essentially it appears that Mr. Tannis collected documents wherever he went on his travels as Executive Director of the Canadian Institute for Conflict Resolution, strung those documents together with his notes, and published them.

This is not to say that the book is useless. Mr. Tannis does read widely, and the sources that he quotes from are usually important ones. For someone totally unfamiliar with the field, reading the quoted sources (although not necessarily the quotes included in the book) would provide both a broad and useful introduction to what is happening in ADR.

* * *

Tannen, Deborah, You Just Don't Understand: Women and Men in Conversation, William Morrow 105 Madison Ave., New York, NY 10016 (330pp $18.95 1990) (7/91)

Book review by James B. Boskey

About halfway through Dr. Deborah Tannen's book You Don't Understand: Women and Men in Conversation the reader begins to ask why am I spending so much time on a book that is as poorly written, whose conclusions are based on such poor research methodology, and whose author is as unable to distinguish between fact and fiction as this one. The answer is that amongst the dross which makes up the greatest portion of this volume there are several nuggets of pure gold which make the struggle worthwhile. The idea that men and women approach conversation and discussion differently, for all that it is seriously violative of "politically correct" dogma, is a reality that will be apparent to anyone reading this volume and reflecting on his or her personal experiences. What Tannen does is make explicit many aspects of these differences and draws conclusions as the manner in which these stylistic differences prevent or limit effective communication between the sexes in a variety of settings.

For the mediator or dispute resolver the lessons offered are of especial importance. For example each of us will recognize that many males tend to focus conversations or discussions initially on information sharing or communication while many females more commonly tend to begin by the establishment of the relationship between the discussants. The "female" approach, that often appears to males as "an unwillingness to get down to business, is met by a female perception of the "male" approach as ignoring the need to establish an appropriate relationship for negotiation or discussion to proceed.

While Tannen's conclusions are often intuitively obvious once the principles have been stated, they are not one's which most people will have reached on their own. My experience, and that of several others I know who have read the book, is one of repeatedly saying "Aha, now I understand what was happening in some prior conversation". Regrettably Tannen's presentation is far weaker than her conclusions. She uses an anthropological methodology which is based on the collection of potentially relevant episodes, but she fails to distinguish real episodes from fiction, giving each equal weight in her analysis. If her basic conclusions are correct, it is difficult to believe that a piece of fiction by a man will accurately reflect a woman's viewpoint or vice versa.

If addition, Tannen makes apparently somewhat spurious attempts to establish that the principles she states are universal and sex linked. While that conclusion is conceivably correct and has been argued with substantially more effectiveness in Fox and Tiger's Men in Groups, her "stories" of greek countrywomen do not substantially support her approach.

This is a book that is well worth reading, but perhaps not worth reading well. Selected reading directed to obtaining a clear picture of each of the ideas presented may be more valuable than plowing through much of the awkward prose and extended examples that a comprehensive reading requires.

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Schwebel, S.M. International Arbitration: Three Salient Problems, Grotius Publications, P.O. Box 115, Cambridge CB3 9BP, England (322pp $89 1987) (7/91)

Book review by James B. Boskey

Stephen M. Schwebel, Judge of the International Court of Justice at the Hague, presented the first in the regular series of Hersch Lauterpacht Memorial Lectures at Cambridge University in England in 1983. Due to Judge Schwebel's busy schedule, the text of his lectures was not published until 1987, and I regret to say they did not come to my attention until this year. It was uniquely suitable for Judge Schwebel to have focused on International Arbitration as a subject for those lectures in light of Judge Lauterpacht's interest in the area, and the quality of the material presented only makes me regret that I had not come across this volume earlier.

Judge Schwebel addressed a separate topic in each of his three lectures, but, as he points out, each of the topics relates to the vitality and viability of arbitration in the international arena. The first lecture deals with the issue of severability of an arbitration clause from a contract or treaty. If the clause is deemed severable the right to arbitrate can survive the termination or invalidity of the general agreement, whereas, if severability does not exist, the arbitration provision must fall with the underlying agreement. This question arises in both public and commercial international arbitration and is commonly dealt with in arbitration conventions and rules and has been widely considered by courts in individual cases. Professor Schwebel begins by setting out the question and then offering a summary of the theory and practice in dealing with it. This is followed by a detailed analysis of many of the major conventions and rules, international cases and national arbitral jurisprudence.

The second lecture addresses the refusal of a state to arbitrate under an agreement between the state and a foreign national which provides arbitration as a sole remedy. This difficult question has received relatively little prior attention, but is a serious difficulty which is not all that uncommon. The final question, addressed in the third lecture, is the effect of withdrawal of an arbitrator from an existing tribunal during the course of the arbitration. Such withdrawal may result from death, disability, or even mere unwillingness to continue to serve. Schwebel addresses the question of whether the arbitration may proceed to award with the remaining arbitrators in the absence of the withdrawn arbitrator. The question can arise both in situations where all arbitrators are deemed fully neutral and in ones where the withdrawn arbitrator may be party appointed or selected on the basis of the same nationality as one of the parties.

Judge Schwebel's theoretical analysis of each of the issues is acute, though relatively brief. He supports that analysis, however, with a breadth of practice information that is of great value. Even those not involved with international arbitration will find the discussions of interest, and in the first and third cases may find the discussion of substantial precedential value for dealing with similar questions under national law.

Schwebel, Stephen M., International Arbitration: Three Salient Problems, Grotius Publications Ltd., P.O. Box 115, Cambridge CB3 9BP, England ($64 303pp 1987) (7/89)

Book review by James B. Boskey

Judge Schwebel, of the International Court of Justice, presented, in 1983, the Hersch Lauterpacht Memorial Lectures at Cambridge University. This volume presents the edited text of his three lectures which dealt with: The Severability of The Arbitration Agreement, Denial of Justice by Governmental Negation of Arbitration, and The Authority of Truncated International Arbitral Tribunals. The lectures are admirable examples of the analysis of difficult issues where there is often a paucity of formal data. Schwebel uses extensive reference to cases, arbitral awards and treaties and arbitration rules to present very acute analysis of approaches to these issues.

* * *

Toope, Stephen J., Mixed International Arbitration: Studies in Arbitration Between States and Private Persons, Grotius Publications, P.O. Box 115, Cambridge CB3 9BP, England (436pp $110 1990) (7/91)

Book review by James B. Boskey

In this treatise Professor Toope (of McGill University, Canada) addresses several aspects of one of the fundamental issues of international arbitral law, delocalization, using mixed international arbitration (arbitration between states and private individuals) as a base point for his theoretical presentation.

The issue of delocalization is one of the most hotly debated in international law today. The fundamental question is whether procedural and substantive issues must be decided by international tribunals in the context of a "local" or "state" law, or whether there can and does exist an abstract international or transnational body of law to which reference can be made for the resolution of these issues. Such a potential body of law has been variously described as "international commercial law" or a "lex mercatoria". Professor Toope stands clearly on the side of those who would recognize a set of international procedural rules or principles which may govern the conduct of hearings and form of preparation of an arbitral award, but would reject the existence of a similar set of substantive principles. His view on the latter issue is actually more complex that the above statement would make it seem, as he would acknowledge party autonomy in establishing the substantive rules that should govern their transaction, but would require the use of nationally based rules of conflict of laws to select a proper law where the parties have not exercised a mutual decision in this matter.

Professor Toope has also extended the scope of the underlying argument by addressing the issues of enforcement of awards in the same context of internationalization v nationalization. His examination of the Iran-United States Claims Tribunal, ICSID, and selected ICC mixed arbitrations informs this approach in both a useful and direct manner.

There are no simple solutions to these issues, nor is it clear that any one solution is inherently necessary for the operation of a system of international commercial tribunals to operate. Professor Toope is unusually fair in his presentation of the views of those who reach different conclusions than his own, and is very clear in setting forth both the premises and analysis which he follows in his argument. His book can therefore serve not only as a presentation of an important approach and argument, but as a useful introduction to the questions dealt with.

* * *

Thompson, W. Scott and Jensen, Kenneth M. (eds), Approaches to Peace: An Intellectual Map, United States Institute of Peace, 1550 M Street NW, Washington, DC 20005 (413pp $29.95 1991) (7/91)

Book review by James B. Boskey

One of the principal activities of the United States Institute for Peace has been the development of its Intellectual Map typology of approaches to peace studies and factors leading to the peaceful settlement of international disputes. Peace studies as a discipline is relatively new, and, while various efforts have been made to develop a general paradigm, none of these has been broadly accepted or recognized as sufficiently inclusive to comprehend the scope of research and practice in the area.

Having conducted a series of preliminary conferences on specific approaches to peace studies, the Institute, in June 1988, convened a conference at Airlie House in Virginia to examine the subject more broadly and attempt to refine their preliminary typology. This volume reports on that conference with sixteen papers grouped according to the general approach of the authors. Each chapter is preceded by brief introductory summary which places the paper in its intellectual milieu, and those papers that were presented in working group sessions are accompanied by summaries of the formal commentary and discussions that followed them at the conference.

The classification scheme used divides the papers into those addressing traditional approaches (eg. arms control and deterrence), international law approaches (international law and organizations, third-party dispute settlement), new approaches (transnationalism, behaviorism, and conflict resolution), and political system approaches (world order studies, etc.). The participants represent the intellectual elite of the field and the papers, while occasionally uneven, generally provide excellent introductions to the analytical approaches discussed.

* * *

United States Institute for Peace, The Gulf Crisis: Finding a Peaceful Solution, United States Institute for Peace, 1550 M St. NW, Suite 700, Washington, DC 20005-1708 (18pp free 1990) (3/91)

Book review by James B. Boskey

One of the fundamental roles of dispute resolution on an international basis is maintaining the peace. Accomplishing this requires the peacemakers equivalent of a rapid deployment force-readiness to deal with unanticipated areas of world tension on an immediate basis. Thus I was very pleased to receive, in late November, from the United States Institute for Peace this quick response report on potentials for peacemaking in the Gulf.

The report is derived from a conference held at the Institute in October on "Conflict Resolution in the Post-Cold War Third World" and offers summaries of the statements of nine experts in the politics of international peacemaking. While the summaries are brief and, as an academic, I would have enjoyed further elaboration of the ideas, this is the kind of approach that is likely to be effective in the development of peace systems.

* * *

Schoonhoven, Ray J. (ed.), Fairweather's Practice and Procedure in Labor Arbitration (3rd Edition), BNA Books, 300 Raritan Center Pkwy, P.O Box 7816, Edison, NJ 08818-7816 (619pp $65 1991) (3/91)

Book review by James B. Boskey

With the delay in the publication of a new edition of the Elkouri's How Arbitration Works, Fairweather's Practice and Procedure in Labor Arbitration has become the leading volume on the operation of the labor arbitration system in the United States. Now in its third edition, it provides a detailed and highly readable introduction to arbitration practice, examining all aspects of that practice, both before the arbitrator and before the courts.

This is now the primary work to which both the novice and the experienced labor lawyer will refer in preparation of a case. While it does not deal with the substantive law of labor relations, except in passing, it answers every procedural question that might arise and suggests alternative approaches to solving problems where they exist.

* * *

Transnational Juris, The 1989 Guide to International Arbitration and Arbitrators, Transnational Juris Publications, P.O. Box 7282, Ardsley-on-Hudson, NY 10503 (979pp $95 1989) (3/91)

Book review by James B. Boskey

The Guide to International Arbitration and Arbitrators is a fundamental reference book that anyone actively involved in international dispute resolution will want to have on his or her desk or readily available to hand. It serves as an encyclopedic collection of information for the practitioner to allow him or her to select an appropriate administering organization and appropriate arbitrators for any particular case.

The volume begins with a discussion of international and national arbitration rules and institutions. UNCITRAL, the International Chamber of Commerce, and the major national arbitral institutions, each with model clauses, rules and bibliography are presented with general introductions to the use of the ICC and the national organizations. This is followed by the codes of ethics of the International Bar Association for international arbitrators and the American Arbitration Association and American Bar Association for commercial arbitrators. The final text section sets forth the text and a bibliography of the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards.

The second section of the book is the list of international arbitrators. The alphabetical list provides the name, address, telephone number, nationality, birth information, education, professional licenses, present position, professional experience, areas of specialization, professional associations, arbitral panel memberships, arbitration experience, publications, and language skills for each of the arbitrators. Separate listings then index the arbitrators by nationality, area of specialization, and language skills.

The authors intend to publish the guide on an annual basis. It is likely to serve as a major reference for all those involved in the field of international arbitration.

* * *

Watson-Gegeo, Karen Ann, and White, Geoffrey, M., Disentangling: Conflict Discourse in Pacific Societies, Stanford University Press, Stanford, CA 94305 (503pp $49.50 1990) (11/90)

Book review by James B. Boskey

One of the lessons that has become very clear in the study of dispute resolution is that no single society has a monopoly on forms of effective dispute resolution and that the study of disputing mechanisms in other societies , including those which have been traditionally described as "primitive" or "pre-modern", can be of very substantial value. Whether it has been the work of Paul Bohannon amongst the Tiv, Evans-Pritchard with the Nuer, or Laura Nader's efforts in several communities, few of us have not benefitted from the work of anthropologists who have examined conflict management techniques in other parts of the world. This is not to suggest that another society's approach to conflict resolution can simply be transported across national or cultural lines, but that concepts and approaches can be adapted to meet the needs of our own cultures.

Watson-Gegeo and White in this volume present the work of linguistic and psychological anthropologists who have studied aspects of conflict discourse in several of the island societies of the Pacific ocean region. Their work started with the papers from a 1983 conference held at Pitzer College, but was expanded to include contributions by others who had been unable to attend that meeting but had contributions of value to make on the subject matter.

After an extended introductory essay in which the editors set the framework for the analysis of conflict discourse and describe the theoretical frame in which this research takes place, a series of articles deal with conflict mechanisms in the different societies in question. Amongst those discussed are Ho'oponopono from Hawaii, the Kawara'ae Family Counseling system, Pancayat amongst Fijiian Indians, the joking debate in Fiji and several other systems. A final article by Roger Keesing summarizes the theoretical concepts under the heading "The Power of Talk". The articles are well written and will provide a fertile source for research concepts in American society as well.

* * *

Zimny, Max, Dolson, William F., and Barreca, Christopher A., Labor Arbitration: A Practical Guide for Advocates, BNA Books, 1231 25th St., NW, Washington, DC 20037 (416pp $45 1990) (11/90)

Book review by James B. Boskey

The American Bar Association Section of Labor and Employment Law has been very active in providing training both for those new to labor arbitration and for experienced arbitrators and advocates. Their pilot program for the training of advocates was held in 1987 and this volume offers a collection of the presentations made at that program. The papers presented are grouped into eight sections and provide an extensive overview of the arbitration and labor-management processes and the practice of advocacy in labor arbitration.

The first two sections provide a solid background on the history and legal framework of ADR in labor/management, the nature of the collective bargaining process and the manner in which grievance arbitration provisions are drafted. This is followed by sections on arbitration practice, preparation for and conduct of the arbitration hearing, and the internal and external law of arbitration. A final section deals with special issues such as expedited arbitration, judicial review of arbitration awards and related matters. Where appropriate parallel articles are offered examining topics from the labor and management sides which provides a useful perspective that is often absent from discussions of this kind.

While this is not a book designed for the experienced advocate, it is one that will be very useful to the novice or near novice and will provide some useful perspectives to the experienced individual as well.

Zimmy, Max, Dolson, William F. and Barreca, Christopher, Labor Arbitration: A Practical Guide for Advocates, BNA Books, 1231 25th Street, NW, Washington, DC 20037 (416pp $45 1990) (7/90)

Book review by James B. Boskey

Labor Arbitration: A Practical Guide for Advocates offers a collection of papers prepared for a program of the Section of Labor and Employment Law of the American Bar Association. Unlike many such collections, however, the papers presented are not a random assortment of reports on topics of interest, but rather offer, as a whole, an unusually well planned overview of the subject which is organized in such a manner as to make it useful to both the beginning and experienced practitioner.

The papers presented are grouped into eight categories: Foundations of Labor Arbitration, Nature of Collective Bargaining Relationships, Arbitration Practices and Procedures, Preparation for the Arbitration Hearing, Advocacy Skills, Internal Law of Arbitration, The Impact of External Law, and Labor Arbitration: An Overview. The authors are each acknowleged experts in the area in which they are writing, and the quality of the papers never falls below valuable.

This is a volume which would serve as a useful introduction to the subject of labor arbitration for a course in either a law school or labor center. It provides a comprehensive overview of the law and practice of labor arbitration and covers most of the fundamental subjects that such a course should examine. The papers range in length from 6 to 14 pages and provide a good balance of viewpoints on each of the topics considered.

* * *

Singer, Linda R., Settling Disputes: Conflict Resolution in Business, Families, and the Legal System, Westview Press, 5500 Central Avenue, Boulder, CO 80301 (196pp $42.85(h) $18.85(p) 1990) (7/90)

Book review by James B. Boskey

Linda Singer has been one of the leaders of the alternative dispute resolution movement. From her position as a partner in her own law firm, Director of the Center for Dispute Settlement, and as an active trainer and participant in various forms of ADR, she has been one of the most influential members of the community.

In this volume, Linda provides an introduction to ADR and a survey of the directions in which the movement has developed. After an overview of the move towards alternatives and survey of the techniques of dispute settlement, she examines several of the major types of disputes which have been successfully addressed by ADR technique. One chapter addresses each of the following classes of dispute: family, business, consumer and employment, community, and public disputes. In each chapter Linda focuses on the major dispute resolution techniques used in that form of dispute and provides examples (in many cases including partial transcripts) of typical cases. The final chapter addresses practice issues in ADR. Questions addressed include ethics, confidentiality, selection of processes and neutrals, and the issue of neutral liability.

Overall the book is well written and remarkably comprehensive considering its brevity. This is not intended to be a research work, but it is very successful in providing an overview and introduction to the field.

* * *

Wichert, Susanne, Keeping the Peace: Practicing Cooperation and Conflict Resolution with Preschoolers, New Society Publishers, PO Box 582, Santa Cruz, CA 95061 (98pp $14.70 1989) (3/90)

Book review by James B. Boskey

Keeping the Peace is a handbook for parents, teachers of young children and group leaders who are interested in promoting children's self-esteem in a cooperative and creative atmosphere. While much of the book is written a do good and avoid evil level, the basic approach to nurturing and focusing on involvement of the child in decision making processes is a healthy one. A large number of activities for children ages 2 1/2 to 6 are included that will foster cooperative and progressive attitudes in the children. I do wonder, in passing, why a book for adults working with children is printed in large type suitable for beginning readers and is, in large part written in that same tone, but the goals of the book are worthwhile and the methods suggested are somewhat useful.

* * *

Wright, Martin and Galaway, Burt, Mediation and Criminal Justice: Victims, Offenders and Community, Sage Publications, 2111 West Hillcrest Dr., Newbury Park, CA 91320 (280pp $47.50hard $19.95soft 1989) (3/90)

Book review by James B. Boskey

Wright and Galaway have collected a valuable group of essays relating to the use of mediation in the criminal justice system. Their contributors are an international group and the programs discussed offer a wide range of approaches to the use of mediation as an alternative or a supplement to the traditional criminal processes. The first group of essays discuss the relationship of victim and offender in the criminal and quasi-criminal processes, offering the arguments favoring and disfavoring the use of mediation in this setting, and describing the Kitchner, Ontario program. This is followed by a series of essays on differing approaches and settings (including juvenile offenders, adolescent/parent cases, victim/offender, violent offender situations and the like). A final group of essays address generic issues in mediation in these settings such as the role of confession, the police role, and issues as to public attitudes.

The essays are generally excellent, and while they are not as clearly tied to a general theme as the title of the volume suggests, they offer a range of valuable insights into some of the fundamental questions facing the dispute resolution community.

* * *

Wright, Martin and Galaway, Burt, Mediation and Criminal Justice: Victims, Offenders and Community, Sage Publications, PO Box 5084, Newbury Park, CA 91359 (280pp $19.95 paper $47.50 hard 1989) (7/89)

Book review by James B. Boskey

The applicability of mediation to a wide range of subjects comes as no surprise to the readers of this newsletter. Perhaps most surprising to the public at large, however, is the fact that mediation can be useful in the criminal justice system. Popularly the system is seen as meeting the needs of the state, and the idea that there may be some form of common ground between the accused and the victim is not one that is commonly recognized.

Nonetheless, mediation has proved itself to be an effective device for dealing with many situations traditionally dealt with in the criminal courts. Probably the first widely publicized such scheme was the Columbus Night Prosecutor Program in Ohio, but since the time that program was developed that model and others have grown apace.

In this volume, Wright and Galaway offer a series of articles by practitioners and theorists on this use of mediation. The articles are divided into three categories: Victim/Offender Mediation, Mediation in Practice, and Problems and Potentials. The articles are consistently well written and provide a great breadth of information about the developments in this field.

* * *

Sampath, D.K., Tiruporur File: An Indian Experiment, Tamil Nadu State Legal Aid and Advice Board, High Court Buildings, Madras 600 104, India (10 Rupees 1989) [Orders may be sent to the Board and should include payment for the postage charges which come to 50 Rupees for airmail despatch] (3/90)

Book review by James B. Boskey

Tiruporur is a small village about 50 miles southwest of Madras, India. Agriculture is the main local occupation and it is economically a backward area typical of rural India. Since 1983 the Tamil Nadu State Legal Aid and Advice Board has operated a mediation center in Tiruporur and other villages in Tamil Nadu, using panels of lawyers to resolve disputes that are presented by local residents.

This volume is a description of some 18 disputes that have been presented to the mediators at Tiruporur, and is designed for the training of mediators in rural settings. The origins and nature of the dispute are presented in each case with sufficient cultural background to make the dispute comprehensible to the reader. Rather than providing the results of the mediation, however, the volume presents a series of questions that a potential mediator would want to address in dealing with a case of the type presented.

The cases are well selected and the questions fully thought through. While the cases are, frequently, peculiar to the Indian setting, the principles involved are generalizable and the cases would be useful to provide an approach to understanding of cultural difference. The informal style in which the cases are written up makes them a delight to read as well.

* * *

Wilkinson, John J., Donovan Leisure Newton & Irvine ADR Practice Book, Wiley Law Publications, Box 1777, Colorado Springs, CO 80901 ($95 624pp 1990) (3/90)

Book review by James B. Boskey

The times they are a changing. For a major Manhattan law firm, Donovan Leisure, to be willing to have its name associated with a book on Alternative Dispute Resolution establishes the fact that ADR has now clearly moved into the mainstream perhaps more clearly than any other action in recent years. The inclusion of such a volume in John Wiley's Trial Practice Library series, further speaks volumes about the acceptability of ADR in the "real world" of lawyering and dispute resolution.

This edited volume, in 26 chapters plus appendices, offers a very useful overview of the state of ADR in the business world, and the range of topics that fall within that concept. Each chapter is written by a separate author, but the editor has done an excellent job of maintaining consistency of format and tone to allow the book to serve as a general overview and introduction to the field. The chapters are light on footnotes but strong on practical substance and provide useful insights into a wide range of ADR topics.

After a general overview of ADR in part I, part II of the volume examines the range of ADR forms from arbitration and mediation through the use of mini-trials and private judges. Part III, on the implementation of ADR, looks at ADR in the corporate setting, offers advice on contractual provisions for ADR, effective negotiation and the management of litigation risk. The final section addresses court-annexed ADR, the summary jury trial, the legal effects of ADR awards, and ethical issues in ADR.

The volume focuses, perhaps too heavily, on the American Arbitration Association as an administrator of ADR programs, but the quality of the writing and the information provided will make it a worthwhile addition to anyone's dispute resolution library.

* * *

Volz, Marlin and Goggin, Edward P., 1985-7 Supplement to Elkouri and Elkouri, How Arbitration Works, BNA Books, 1231 25th Street, NW, Washington, DC 20037 (200pp $30 1988) (7/89)

Book review by James B. Boskey

He has finally gone over the hill! I can hear you saying it now. What in the world does he think he is doing reviewing a supplement, even to a book as noteworthy as Elkouri and Elkouri? Well, I answer, this is a special case. After all, it is not every day that the authors of a major work agree to have a supplement to their book written by someone other than themselves (omitting of course the situation where it is done by the publisher's gnomes or anonymous hired guns).

The importance of the Elkouri book is testified to by the fact that the Section of Labor and Employment Law of the American Bar Association felt that they could not wait for the regular updating that has been offered by the Elkouris, but even before the fourth edition of that work was published in 1985, was champing at the bit for a current supplement. As the Elkouris themselves did not want to prepare the supplement, the section, under the leadership of Professors Volz and Goggin, decided, with the Elkouri's blessing to do the work itself.

Just as a camel has been described as a horse created by a committee, one would expect this supplement to take on some strange characteristics, however, the editors have been stringent in their supervision of the committee members who have written the supplement and have turned out a very useful work. It is a true supplement, in that it does not repeat the material contained in the man volume, however, the material offered is mostly in brief essay form and much of it can be read independently of the primary volume with real value.

Labor arbitration is such a fast moving field that this kind of regular update is of real value. Having a regular supplement of this kind will maintain the status of Elkouri and Elkouri as the bible of its field.

* * *

Westin, Alan F. and Feliu, Alfred G., Resolving Employment Disputes Without Litigation, BNA Books, 300 Raritan Center Parkway, Edison, NJ 08818-7816 (328pp $40 1988) (7/89)

Book review by James B. Boskey

There is no question that increasing numbers of non-union employees are making improper dismissal claims against their employers, although a recent decision by the California Supreme Court limiting the availability of punitive damages in such cases is likely to substantially slow the rate of growth in this phenomenon. Similarly there is no question, but that many companies in all industries and of all sizes need to substantially improve their systems of personnel management to reduce such claims and other litigation costs relating to employment and personnel functions.

Thus it would seem that the time is ripe for the publication of this study of alternative means of resolving employment disputes and of differing approaches to dispute avoidance in the workplace. Unfortunately, this book, published under the joint auspices of the Center for Public Resources and the Educational Fund for Individual Rights was prepared, "written" would be too strong a term, by either a committee or by individuals who have been trained to believe that good writing is reflected in the results of committee processes.

The principle feature of this book is the use of a remarkable range of options for identifying paragraph breaks. Sometimes we are presented with numbered paragraphs, sometimes letters, sometimes with "bullet leaders" (Ah, the terms one learns while reviewing computer manuals), and sometimes, but why continue. Somewhat surprisingly, as these techniques are usually employed to disguise a total lack of substance, this book does offer some limited information that could be of use to a reader. Personnel staff from a selection of major corporations are provided a forum to write "puff" pieces for their pet dispute resolution system in employee management, but every once in a while a useful idea manages to peak out of the publicity release. At a minimum, employees who feel that their employers are long on form and short on substance in responding to employee issues and concerns can take comfort from the fact that they are in good company as the major corporations reported on here seem to have taken to heart the idea that any means of demeaning a serious employee complaint is well worth employing.

BNA has provided useful input in the area of dispute resolution over the years. It is a pity that they should waste their resources on the type of puff pastry offered here.

* * *

Shaw, Margaret L. and Phear, W. Patrick, The Parent-Child Mediation Manual, Institute for Judicial Administration, 1 Washington Square Village, New York, NY 10012 ($20 191pp 1989) (7/89)

Book review by James B. Boskey

Parent-Child Mediation is one of the less well known uses of mediation, but it is one that has proven its effectiveness from the Massachusetts Children's Hearing Project through the many state programs which have followed in its wake. Most of the early programs were court related and dealt with children who had been labeled JINS (Juveniles in Need of Supervision), CHINS (Children in Need of Supervision) or the like. Increasingly, however, new programs have been developing applying these same techniques in non-labeled families, and they have proven to provide an effective means of diffusing family tensions.

This new work by Margaret Shaw and Patrick Phear provides in addition to a description and evaluation of the types of programs that are available a detailed set of procedures for the establishment of similar programs. The discussion ranges from organizational structure through training and supervision to record keeping and ethical considerations, and provides all of the information needed to establish a program of this kind in a local community or court based operation. In addition, extensive appendices offer a collection of program materials developed by different programs in the area, a list of programs evaluated or examined by the authors, and a bibliography of readings on parent-child mediation.

The book is clearly written and informative and will be a valuable addition to any mediation bookshelf as well as an essential tool for anyone establishing a program of this kind.

* * *

Ury, William L., Brett, Jeanne M. and Goldberg, Stephen B., Getting Disputes Resolved: Designing Systems to Cut the Costs of Conflict, Jossey-Bass, Inc., 350 Sansome St., San Francisco, CA 94104-1310 ($21.95 201pp 1988) (7/89)

One of the traditional joke questions is "Where does a 3,000 pound gorilla sleep?". The answer is, of course, "Wherever she wants to!" In the field of Alternative Dispute Resolution, William Ury and Stephen Goldberg clearly qualify as 3000 pound apes, and it appears that they have acquired a worthy collaborator in Jeanne Brett.

Getting Disputes Resolved is a beginning to an answer to one of the fundamental questions of dispute resolution which most of the people in the field have been to busy looking at specific dispute resolution systems to deal with. The question that they are asking is: "If you were designing a dispute resolution system for an organization, what would the primary considerations be in making that system as effective a one as possible?"

The authors have used their experience in designing a dispute resolution system for the coal industry as a framework for their analysis. They begin by examining different approaches to the resolution of disputes and focus on negotiation as the generally most effective means. They then present an approach to analyzing the existing dispute resolution system in an organization and then address the design of procedures to resolve the disputes that occur in the most effective manner possible.

The second part of the book uses these theoretical insights to examine the situation that the authors dealt with in the coal industry. I am pleased, although not surprised, to note that the authors do not claim to have been totally effective in their efforts, and that they are willing to point out some of their own failings and ways in which they might have improved their approach.

While this book is only a beginning analysis of a very serious issue, it lays an important framework which will be useful for others as they continue to address this question.

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Supreme Court of New Jersey, 1988 Judicial Conference, Task Force on Dispute Resolution, , Administrative Office of the Courts, Hughes Justice Complex, Trenton, NJ 08625 (7/89)

Volume I: Discussion Paper (~100pp 1988)
Volume II: Subcommittee Reports:Municipal, Family Civil and Special Civil Part Programs (~250pp 1988)
Volume III: Pilot Design & Operations: Organization and Management Resources (~250pp 1988)
Volume IV: Research and Evaluation (~200pp 1988)

Book review by James B. Boskey

In 1987, largely in response to the outstanding work of the New Jersey Supreme Court's Special Committee on Dispute Resolution under the chairmanship of Justice Marie Garibaldi, decided to dedicate its 1988 Judicial College to issues in dispute resolution. The four volumes that make up the report of that Judicial College paint a comprehensive picture of dispute resolution activities in one state and provide extensive recommendations for the improvement of the dispute resolving process.

Volume I, Discussion Paper, contains the summaries of subcommittee findings of the task force that was appointed to create the College. Each subcommittee presented a series of issues to be examined at the College, and these summaries were supported by summaries of evaluation reports on various operating dispute resolution programs and a glossary of dispute resolution terminology.

The second and third volumes provide an overview of existing programs and proposals for the manner in which additional complementary dispute programs should be implemented as well as extensive appendices. Volume II focuses on the existing programs in the trial level courts-ranging from municipal, through Special Civil Part(small claims), to General Civil and Family Part. Programs in each area were examined and recommendations made for the improvement of those programs. In addition each report is supported by relevant appendices providing additional information about existing programs, sources of further data, etc. The third volume examines the process of implementing dispute resolution programs on a statewide and local basis. It deals with common issues such as qualification of participants, program design, judicial support and the like, and offers in the appendices program manuals and descriptive literature relating to the establishment of such programs.

The final volume offers three reports which evaluate particular programs in depth and an additional planning report. The three evaluative reports are: 1) an evaluation by the Institute for Social Analysis of Washington, DC of the Municipal Court, Small Claims and Matrimonial Early Settlement Panels, 2) an evaluation by the Rand Corporation Institute for Civil Justice of the Automobile Arbitration Program, and 3) the Interim Report by Professor Kenneth Kressel of the Essex County Family Division Custody Mediation Project. The fourth report is one by Hahnemann University on Establishing Policies for Implementing Custody Mediation.

The reports, as a whole, provide a unique overview of the operation of court related complementary dispute resolution systems as they operate in a single state. Any state looking to implement its own complementary dispute resolution program will find a wealth of information about what works and what does not and useful guidelines to issues that should be dealt with. The New Jersey approach is not one that will be appropriate in all cases, but the issues dealt with are ones that every state should be concerned with.

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Zagoria, Sam, The Ombudsman: How Good Governments Handle Citizen's Grievances, Seven Locks Press, PO Box 27, Cabin John, MD 20818 (107pp $9.95 1988) (11/88)

Book review by James B. Boskey

Sam Zagoria, the former ombudsman for the Washington Post newspaper, offers an introduction to the concept of the ombudsman and a manual for the development of the ombudsman in pubic life in the United States. Somewhat surprisingly, in light of his experience as ombudsman for a private concern, his focus in this book is almost exclusively on the public ombudsman, however, it is clear that he would encourage the use of similar approaches in non-public spheres as well. Based on research and detailed conversations with governmental ombudsmen in both the United States and abroad he makes the case for improving government services though the ombuds process clearly and spells out the differing approaches that can be used in the creation and implementation of an ombudsmen program.

While this book will provide little that is new to those who are familiar with the concept, it is a useful guide that might be provided to government officials who are willing to consider the creation of an ombudsman's office, but would like a greater understanding of how such a program would operate.

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