Book Reviews by James B. Boskey

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

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

Kritek, Phyllis Beck, Negotiating at an Uneven Table: Developing Moral Courage in Resolving Our Conflicts, Jossey-Bass Publishers, 350 Sansome St., San Francisco, CA 94104 (360pp $29.95 1994)

Book review by James B. Boskey

My candidate for conflict resolution book of the year has now been decided and it is Phyllis Beck Kritek's Negotiating at an Uneven Table: Developing Moral Courage in Resolving Our Conflicts. This is by no means the first work to address the question of power and its allocation in negotiation and conflict resolution situations, but it is one of the first to raise clearly and distinctly the moral, as well as the ethical, issues that such power imbalances create, and to attempt seriously to structure not only a theoretical, but a practical answer to these dilemmas.

Phyllis Kritek is a nurse and Professor of Nursing and Chair of the Department of Mental Health Nursing and Management at the University of Texas, Galveston. I list her credentials in that order, because a reading of this book makes it clear that she sees herself first as a nurse and only secondarily, while importantly, as a professor. Perhaps a better description of her would be nurse/philosopher, as she brings to her work both the intellectual rigor of the philosopher and the compassion of her base profession.

The fundamental question addressed here is that of power in the negotiation context. Negotiation is defined broadly to include the full range of interpersonal relations that involve some form of joint decision making. Often the situations described in this book are not ones which would automatically be identified as negotiations, but her descriptions of process clearly bring them within that arena. Kritek's analysis begins by noting that one of the fundamental assumptions that most people make in negotiation settings, at least those with power, is that the negotiation table is an even one where all can contribute without constraint by virtue of their presence. With an combination of storytelling and formal analysis she demonstrates the unreality of this assumption and some of the factors that unbalance the table even when the parties present may not recognize that it is occurring. Ascribed and assumed characteristics, including obviously gender and culture, but also many far subtler factors such as experience in general or with the specific other parties to the negotiation, training, factual or theoretical knowledge, or the like.

The book is divided into three sections. The first section consists of eight chapters in which Prof. Kritek sets out the fundamental assumptions, both personal and structural on which her approach is based. This detailed statement of basic assumptions alone would be sufficient to set the book off from most writing in the field which tends to assume that the author's view of reality is shared by the reader. While I do tend to accept or agree with many of the assumptions that Kritek makes, I do not always, and having them expressly laid out forced me to reexamine and evaluate the reasons for these differences in a way that I can only state is both useful and healthy. The second section, six chapters, examines traditional approaches to dealing with the uneven table. Manipulation and maneuvering are the two primary responses described, and these are elaborated by examining the situation of children in an negotiation situation, and then drawing on this to look at ways in which the ideas and problems that unbalance the table can be reframed. The final section, thirteen chapters, begins the process of reframing and the construction of a new paradigm. The paradigm is humanistic and efficient, perhaps a combination which will strike many in this day and age as oxymoronic, but one which is, to my mind, both valid and verifiable. Ten factors or participant responsibilities, which she describes as "ways of being" in effectuating this new paradigm are spelled out, with careful consideration of what is necessary to implement them in real world situations.

After all these raves, it is hardly necessary to state that Kritek is a superb writer. The clarity of her thinking is carried forward in text which is literate and a pleasure to read. Her example-stories are carefully selected and presented with such clarity as to make their points even without the support of the primary text. Her exercises that she recommends to work through the thought processes she describes are easy to implement and effective in accomplishing their purpose. Run, do not walk, to obtain a copy of this book.

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Laurent-Boyer, Lisette (ed.), La Médiation Familiale, Boyard Editions, 22 Cours Albert 1er, 75008 Paris (266pp 140ff 1993)

Book review by James B. Boskey

The book is the result of a conference sponsored by the Association de la Médiation Familiale. It is an interdisciplinary work by a collection of authors including social workers, judges, lawyer-mediators, etc. from the Province of Quebec. The book was apparently originally published in Canada, but introductory pieces-2 prefaces and a brief discussion of the problems of divorce in France were added to this edition.

The primary articles are divided into three groups. The first, Nature, Process and History includes five articles introducing the subject, discussing process issues-including breaking through impasse, visitation issues, and an article on the history of family mediation in Quebec since 1970. The second group looks at mediation from the viewpoint of legal actions and includes six articles on issues ranging from the role of the judge, the notary, and the lawyer, to a discussion of other dispute resolution techniques and the dejudicialization process. The third section focuses on the place of the child in mediation and offers four articles on children of divorce and problems of power in dealing with children's issues.

The individual articles are well written and provide both a useful comparative perspective as well as good analysis of mediation techniques.

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Forde, Michael, Arbitration: Law and Procedure, The Round Hall Press, Kill Lane, Blackrock, Co. Dublin, Ireland (185pp $85 1994)

Book review by James B. Boskey

The law of arbitration in Ireland is largely based on the English law of arbitration as it existed under the 1950 Arbitration Act in that country. The governing Arbitration Act was passed in 1954, with some additional provisions added by the 1980 Act, provides for the courts to stay litigation pending arbitration or refuse to hear a matter until an arbitration required under a contractual provision has taken place, but reserves to the courts substantial authority to review awards or to rehear matters . The traditional view that a contract clause that attempts to oust the jurisdiction of the courts is contrary to public policy has been maintained, but substantial authority remains for he court to intervene in the matter once the arbitration has been completed. A rather narrow definition of arbitration is used, so that some matters which would clearly qualify as arbitrations in other countries will be determined to fall outside the scope of the Act in Ireland, and as to those matters the power to stay the proceedings will not be used.

As a result of these limitations, while arbitration is widely used in domestic disputes, Ireland has not been a jurisdiction of choice for international arbitrations, either those involving Irish parties or ones where a neutral site is sought. Some effort is underway to adopt the UNCITRAL arbitration rules for international arbitrations so as to encourage the selection of Ireland as a venue in such cases, and the nation is a party to the New York Convention, so that foreign awards will be enforced, but there is clearly a good deal of change needed to bring Ireland into the modern world of arbitration practice and procedure.

Michael Forde's Arbitration: Law & Procedure provides a reasonably detailed overview of the current status of arbitration law in the Republic. It focuses, almost exclusively, on arbitration under the current act, emphasizing domestic arbitration rather than such international arbitration as exists, although pointing out, where appropriate, such differences as do exist. Forde clearly favors a modern view of arbitration, and, where there is room for an interpretation which limits the authority of the courts to intervene, he favors that view. He generally, however, acknowledges the limitations of the law and is careful not to mislead in promoting the view that he prefers.

The organization of the book is fairly traditional. It examines stays of litigation, the arbitration agreement, the tribunal, the arbitration process, the award, and matters of judicial control both before and after the award. Authority is drawn from England and other commonwealth states as well as Ireland itself, a necessity in a nation that is both relatively young and has limited case law development in this area. The writing is generally clear, if uninspired, and in several areas the reader might wish that Mr. Forde had given himself the freedom to probe more deeply into particular questions as such probing would have increased the clarity of the discussion. Additionally, more coverage of nonstatutory arbitration would have increased the value of the work for both the academic and practitioner. 127 pages of text is a very limited scope for dealing with a subject as complex as the one addressed. The book is well supported with an appendix including the Arbitration Acts of 1954 and 1980, the Statute of Limitations Act of 1957, the 1986 Rules of the Superior Court with respect to arbitration, and the Arbitration Rules of the Chartered Institute of Arbitrators (Irish Branch).

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Kennedy, Gavin, Field Guide to Negotiation, Harvard Business School Press, 60 Harvard Way, Boston, MA 02163 (256pp $29.95(c) $16.95(p) 1994)

Book review by James B. Boskey

It takes dedication and learning to write an effective book on any subject. To write one that is not only effective, but amusing requires also skill, judgement, and good sense. Gavin Kennedy's Field Guide to Negotiation demonstrates that he has all of those qualities in abundance.

The Field Guide is a revision and updating of the The Economist Pocket Negotiator which was published by Basil Blackwell in 1987. In reviewing the volume at that time, I described it as a kind of "Devil's Dictionary" of negotiation. The description holds for this volume as well. It does not attempt to teach negotiation skills directly, but rather provides an extended series of useful ideas about the negotiation process in a form that makes for entertaining reading and reference.

The volume begins with a brief (17 page) essay about the negotiation process in general with a focus on the differing types of negotiators. Kennedy treats negotiators as falling along a continuum from red to blue (roughly the same as competitive to cooperative), and describes some basic techniques for dealing with negotiators whose basic approach differs from one's own. The bulk of the book is made up of the "glossary" section, which offers, in alphabetical order, definitions of terms relating to negotiation.

What makes the glossary section effective and enjoyable, however, is that the term definition is used here very loosely. The definitions cross-reference strategies that may be effective in responding to the defined approach as well as defining the term itself. All of this is offered with a sense of humor that makes reading the definitions a pleasure and tempts one constantly, like a potato chip, to just read one more.

Two examples will demonstrate the pleasures that can be obtained from this approach and the negotiating concepts that can be learned. Car-Buying Psychology is defined as: "Professional car dealers have at least one advantage over you: they practice their negotiating techniques several times a day, while you try it perhaps once every few years. When you are buying a volume car, the seller tries to convince you that you can afford it; when you are buying a prestige car (Rolls-Royce, Mercedes, Jaguar), you try to persuade the seller that you can afford it. Either way, the seller has got you." Over-and-under Ploy is defined as: "The impossible response to the impossible demand. The other negotiator sometimes springs an impossible demand on you: "Give me 5% for a three-day settlement discount." Spring back an over-and-under: "If you agree to a 5% premium for late payment.""

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Kaplan, Neil, Spruce, Jill and Moser, Michael J., Hong Kong and China Arbitration: Cases and Materials, Butterworths Asia Ltd., 271-273 Rain Cove Road, P.O. Box 345, North Ryde, NSW 2113, Australia (also available from Butterworths, 8 Industrial Way, Building C, Salem, NH 03079) (843pp $183 1994)

Book review by James B. Boskey

As early as the nineteenth century, Hong Kong had become one of the leading non-western centers for arbitration despite the handicap of being governed by the English law which discouraged the enforcement of arbitration agreements and awards in circumstances where they would have been enforced under other legal regimes. Little, however, in that early experience provided a foundation for the extraordinary growth of international commercial arbitration has experienced in Hong Kong and China during the past decade. While Hong Kong and China Arbitration: Cases and Materials is carefully not described as a second edition of Hong Kong Arbitration: Cases and Materials published by two of the three same authors as recently as 1991, it in fact serves both as a second edition of that work and an expansion to cover the explosion of international arbitration taking place on the Chinese mainland. Statistics included in the books preface suggest that the international arbitration centers in China and Hong Kong may have surpassed in number of international arbitrations such traditional administrative bodies as the International Chamber of Commerce and the American Arbitration Association. In 1992 the Hong Kong International Arbitration Centre, the China International Economic Trade and Arbitration Commission (CIETAC), and the China Maritime Arbitration Commission together received 460 new international cases, and the first two bodies together received 643 new cases in 1993.

Hong Kong and China Arbitration: Cases and Materials consists of three major sections, following an introductory section which provides a short (22 page) history of arbitration under English law. The first section, which is in essence a second edition of Hong Kong Arbitration, updates that work with recent decisions under the Model Law and information about new developments related to the new airport project at Chek Lap Kok and its associated developments. As the arbitration law of Hong Kong remains based on English law, the authors have not attempted to reproduce all of the classical information that is available in English treatises such as Mustill and Boyd, but have rather focused on the differences of interpretation that have developed in Hong Kong. The second section of the book focuses on arbitration in China. Both international and domestic arbitration in the People's Republic are discussed as is arbitration in Taiwan. In addition a brief chapter addresses dispute settlement in "Greater China", looking to future developments which will encourage greater coordination of efforts amongst the various national bodies.

The Hong Kong materials fully justify the "cases and materials" subtitle of the book. While basically a treatise, the authors have included substantial segments from judicial and arbitral opinions in this section to elaborate on the decision making process in arbitration in Hong Kong. Also included is substantial practice information for those who may be involved in an arbitration in that area. The Mainland and Taiwanese materials are relatively brief (a total of some sixty pages) and exclusively textual. While reference is made to the limited published case law, the information provided is largely descriptive of the administering organizations and the rules under which they operate. Hopefully, as a body of decision law emerges, especially from CIETAC, it will be possible to expand this section in later editions to include more information about the actual decisional processes.

The third major section of the book consists of appendices with information about arbitration process. Thirteen appendices deal with Hong Kong materials, including mediation and arbitration rule sets, language of the relevant ordinances, practice directions, model clauses, and the like. Eighteen appendices of a similar nature provide information about China arbitration, primarily related to the mainland. Two additional appendices include "Sixth Schedule Documents", relating to UNCITRAL, and additional materials classified as recent developments.

Overall the volume is clearly written and well organized. As to Hong Kong it is authoritative. As to China it is basically a preliminary work, which will, hopefully, be expanded in future editions as more information becomes available.

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Frank, Sergey, The Check List Series-Part 2 Negotiating International Commercial Contracts-An Underestimated Skill, The Study Group for International Commercial Contracts, 46-48 Malling St., Lewes BN7 2RH, England (69pp 199?)

Book review by James B. Boskey

The Check List series is a group of 14 publications from The Study Group, each of which discusses in concise form an important aspect of contracting in the international commercial arena. Part 2, focusing on negotiation, is written by Sergey Frank, General Counsel for Pipetronix GmbH in Karlsruhe, Germany, who has also served in similar positions with a wide range of other international concerns.

Part 2 is divided into two sections, Negotiations in General and International Negotiations. The general section focuses on basic principles of effective negotiation including preparation, clarification of the subject matter, controlling the development of the negotiation (use of agendas and timetables, controlling pace, choosing when to say no), and a discussion of fairness and negotiating tricks and tactics. While little in this section is novel, it provides in clear and direct language, useful for the traveling businessperson, a handy summary of some basic considerations.

The second section deals with national characteristics of negotiators from different areas of the world. Separate subsections deal with the US, Western Europe-first in general and then specific attention to German speaking countries, French speaking countries, the UK, Scandinavia, the Mediterranean, and Eastern Europe and Russia, the Arab World, Black Africa, Japan, China, and South and Central America. As to each, a few basic negotiation characteristics and techniques that may be useful are discussed. A final subsection deals with the choice of language for negotiation and the role of the interpreter. Again there is little novel, but the short comments may focus the attention of the traveling business negotiator.

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Firth, Alan (ed.), The Discourse of Negotiation: Studies of Language in the Workplace, Pergamon-Elsevier Science, The Boulevard, Langford Lane, Kidlington, Oxford OX5 1GB, England 442pp ($64 1994)

Book review by James B. Boskey

Sometimes looking too closely at a subject may be as uninformative as looking at it from too great a distance. Reading the studies contained in The Discourse of Negotiation reminds one often of the parable of the blind men and the elephant. The book found its origin in a three day research symposium convened in Denmark in May of 1992. The purpose of the symposium was to encourage discourse studies of negotiation, discourse studies being analyses which take tapes of particular conversations and evaluate them, through a detailed coding system which annotates pauses, simultaneous speech, and other detailed features of the discussion, and then attempts to analyze how these factors demonstrate the function and effect of the communication that took place.

The idea that language of discourse is important in understanding its consequences is not a strange one anymore. Deborah Tannen's work on inter-gender communication has demonstrated that it can be a powerful tool for explicating what is and is not effective communication in particular settings. The studies offered here, however, are, on the whole, too narrow in their subject matter and too broad in the generalizations that they draw from limited incidents to weigh heavily in our understanding of negotiation.

One of the principal points that forms the basis for these studies is the insight that negotiation takes place in a wide range of settings, often including ones that are not perceived by the parties themselves as incidents of negotiation. This will come as little surprise to those in the negotiation field, such informal negotiations having been broadly recognized, but these studies focus on such incidents in far more detail than is usual. Most of the studies take a single conversation or discussion between two or more individuals and draw from it broad generalizations which often seem to reflect more of the personalities of the participants than the reality of the way in which similar discussions might proceed with other speakers.

The range of the studies is fairly broad, although all focus, as the subtitle to the book suggests, on the workplace setting. Included are an analysis of a brief segment of a discussion of the preparation of a legal memorandum at the Federal Trade Commission, internal meetings in various working settings including a protest of a superior's direction by a teacher of Japanese language. Also involved is analysis of an extremely short segment in the middle of a labor negotiation, three studies of negotiation between buyers and sellers in international commodity trading, which manage to reduce the potentially interesting question of how telephonic negotiations are different from those undertaken face-to-face to minimal analyses of formal structures. The final five papers examine similar interactions between professional or business and client. Such conversation/negotiations raise interesting questions of power and its assertion through the use of language, but the nature of these studies again disguises this in a quest for formalism.

Overall the idea of discourse studies is a potentially valuable one if such studies examine the attributed meaning of the conversations reviewed. This volume, however, suggests that at least some of the scholarship in this area has become so focused on form of discussion that it has lost sight of the underlying meaning of the conversations analyzed.

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Graham, Pauline, Mary Parker Follett: Prophet of Management, Harvard Business School Press, 60 Harvard Way, Boston, MA 02163 (352pp $29.95 1995)

Book review by James B. Boskey

To many of us Mary Parker Follett is known as the person honored by an award offered annually by SPIDR, the Society of Professionals in Dispute Resolution, encouraging creativity, innovation, involvement, diversity and risk-taking in dispute resolution. The actual Mary Parker Follett is less well known, and the purpose of this volume is to reintroduce her to a new generation of students of management, conflict, and the sociology of organizations.

Follett's formal employment was largely in social work, with the Roxbury Men's Club in Boston, but her writings were far broader in scope, looking to the dynamics of group process and the impact of such group process in government and governance of organizations. While not formally a management consultant, she was often called upon by business people to offer her assistance in understanding the way in which organizational structures aided or impeded the growth of organizations, and her books and lectures laid the foundation for much of modern management theory.

This volume, after two introductory essays setting the stage with biographical notes, collects selections from her writings and supports them with comments by noted current scholars working in related areas. Of greatest interest to those in the conflict resolution field will be her lectures, mostly given at the annual conferences of the Bureau of Personnel Administration, on constructive conflict, power, and the giving of orders, but all of the essays resound with valuable insights that open important vistas for understanding the way in which organizations and individuals interact and the consequences of such interaction.

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Hocker, Joyce L. and Wilmot, William W., Interpersonal Conflict (4th ed), Brown and Benchmark, 25 Kessel Ct., Madison, WI 53711 (299 pp $32.19 1995)

Book review by James B. Boskey

I have somehow managed to miss seeing the first three editions of Hocker and Wilmot's Interpersonal Conflict which date back to 1978. In looking at this edition, however, I am very impressed by the quality of their work, which is designed as a text for a college course in conflict, originally probably in a communications curriculum, but equally useful for one in sociology or social work and possibly for one in political science, although for a course in that area I would probably like a bit more emphasis on international conflict.

The book is divided into two segments, the first dealing with definitional and structural elements of conflict with an introductory chapter and additional chapters on the nature of conflict, conflict goals, power, and styles and tactics. The second section, entitled conflict intervention, includes chapters on conflict assessment, personal intervention, negotiation, and facilitated intervention. The coverage thus is broad, although I would have thought that more time could have been spent on facilitated interventions such as mediation in light of their growth in recent years.

Stylistically the book is written with a light touch. Students are encouraged to refer to personal experience, words are clearly defined when first encountered, and many lists of ideas and approaches and instructive stories break up the presentation to maintain the interest of the reader. Good coverage is offered of important issues such as gender influences, and the continuous recognition of the potential constructive influences of conflict are healthy. Although this is not a sophisticated work, for an advanced or graduate program, it provides an excellent introduction to conflict theory on an understandable and accessible level.

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Leonard, Sam, Mediation: The Book-A Step-by-Step Guide for Dispute Resolvers, Evanston Publishing, 1571 Sherman Ave., Annex C, Evanston, IL 60201 (212pp $19.95 1994)

Book review by James B. Boskey

How the reader responds to Sam Leonard's Mediation: The Book will depend in large part on the reader's feeling about self-promotion. Mr. Leonard is a man who never met a first person pronoun that he didn't like and who believes that hiding his light behind the traditional bushel basket would be an act verging on criminal misconduct.

If, however, one can get past this attitude, there is a fair amount of good and useful material in this book. Leonard has a competent, if not terribly insightful, understanding of the nature of the mediator's role and his descriptions of that role and of the nature of mediation practice are accurate. His step-by-step method is a solid and relatively conservative approach to mediation, and his insights into the nature of conflict and the language and style of dispute resolution are, if not overwhelmingly original, useful descriptions of accepted processes and ideas.

This is a book that suffers for lack of serious editorial supervision. Many of Leonard's stories, and he is a good story teller, are truncated to the point where the idea that the story is intended to point out is lost or weakened. Other stories seem just off the point in a manner that a good editor could have made them far more effective as teaching tools. Underneath the poor editing, there is here an adequate introduction to mediation struggling to emerge. Special notice should be taken of the excellent and delightful semi-abstract drawings by Lisa Hamburg that illustrate the book.

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Kemper, Robert E. and Daniele Rene, Negotiation Literature: A Bibliographic Essay, Citations, and Sources, Scarecrow Press, 52 Liberty St., Box 4167, Metuchen, NJ 08840 (491pp $55 1994)

Book review by James B. Boskey

The idea of a comprehensive bibliography on negotiation is an appealing one, as the literature in the field comes from a wide range of disciplines, is included in a great variety of books and journals, and is, generally, difficult to encompass. In order for such a bibliography to be useful, however, it must be in fact comprehensive, listing all of the known works in the field, or it must be selective and annotated, focusing the reader's attention on items of particular interest. Unfortunately, the Kemper bibliography fails in each of these particulars.

The preface to the book begins "The effort represented by Negotiation Literature is a simple one. We wish to summarize and cite key articles, key researchers and writers, key subtopics, and key sources about negotiations." The book itself, however, fails to summarize the articles and fails to analyze their content, except as noted in their titles. The citations were selected by a citation index process, using course syllabi from courses in negotiation and then following the items listed in those syllabi to find the sources cited therein. The authors recognize, in passing, that mediation and other forms of assisted negotiation exist, but fail to draw on the literature from those areas, even where they are specific to negotiation issues. Amongst the notable omissions are the failure to notice such journals as the Journal of Dispute Resolution, Mediation Quarterly, and the like as well as much of the law review literature. Well known authors not covered include Carrie Menkel-Meadow, Trina Grillo, and others.

The bulk of the book consists of the alphabetical listing of articles. Such a listing is of limited value as, unless one knows of a specific author or article, the reader is unlikely to find something offering new or useful ideas. This is not to say that there are not gems to be noted in the list. For example, I was unaware that Lemuel Boulware has written "The Truth About Boulwarism" for BNA, certainly an important historical document. The introductory bibliographic essay is very structured, but consists in large part of string cites without any serious analysis. It does, however, group some of the better known pieces to call them to the readers attention by subject matter. The index is trivial, consisting mostly of a list of authors (of seriously limited value when the primary list is alphabetical by author), with some selected topic notations.

While the book may be useful as a way of locating a piece with which one is already familiar, it will not be of substantial assistance to most of those in the field.

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Hauck, Vern E., ed., Arbitrating Sexual Harassment Cases, BNA Books, 1250 23rd St. NW, Washington, DC 20037-1165-orders to BNA Books, PO Box 7814, Edison, NJ 08818-7814 (770pp $95 1995)

Book review by James B. Boskey

Arbitrating Sexual Harassment Cases is a major compendium materials on the management of sexual harassment in the unionized workplace. Presented in four parts, it collects the materials necessary to understand and evaluate the manner in which this issue is being dealt with in the labor arbitration process.

The first section consists of three essays which combine to provide an overview of the response to sexual harassment. Vern Hauck's introduction draws heavily on two of his articles from the Labor Law Journal, and the other two pieces are reprinted from the BNA Policy and Practice Series and from the Proceedings of the National Academy of Arbitrators.

The second section, the raison d'etre of the volume, offers the text or abstracts of arbitration awards dealing with sexual harassment. The great bulk of the awards are reprinted from Labor Arbitration Reports, with the abstracts coming from several other sources. The awards are indexed by issue, and a finding list of the awards and abstracts by citation and award name is provided.

The third and fourth sections deal with the law and court decisions in the area. The third section reproduces relevant sections of FEPM and EEOC guidance in the area. The fourth, offering the text of relevant court decisions, begins with the Steelworker's Trilogy, Alexander v Gardner-Denver, and Gilmer, through Supreme Court and major federal court cases directly addressing this issue. Finally, an appendix offers the AAA Model Sexual Harassment Claims Resolution Procedure.

It is clear that this book is fundamentally simply a reference manual for those dealing with sexual harassment cases. The inclusion of the Steelworker's Trilogy seems to be an example of merely bulking out the book, but the remainder of the cases cited are useful references as well. For the labor arbitrator or labor or management advocate working in this area, having the materials compiled this way will be a real convenience. For others it will have little relevance.

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Love, Anthony, Moloney, Lawrie and Fisher, Tom, Federally-funded Family Mediation in Melbourne, Family Services Section, Legal Aid and Family Services, Attorney-General's Department, Barton ACT 2600, Australia (192pp 1995)

Book review by James B. Boskey

Federally Funded Family Mediation in Melbourne reports on a study conducted by the ADR Research Group of the National Centre for Socio-Legal Studies at La Trobe University under the sponsorship of the Attorney-General's Department evaluating the two family mediation programs funded by that office at the Noble Park Family Mediation Centre (FMC) and Marriage Guidance Victoria (MGV). The study was designed to parallel a similar evaluation that had been completed of the Family Court Mediation Service (FMCS), in part to determine which models seemed most effective both in terms of client satisfaction and cost.

The three programs examined have many similarities. All focus on family mediation with a major emphasis on assisting couples in separation, all mediations are comprehensive, voluntary, and confidential, and all use a model where mediators do not give advice but act as relatively pure facilitators. The programs differ in size, in the use of sessional mediators in addition to core staff, in the use or non-use of co-mediation, and in the weight given to professional qualifications for mediators. Intake and client assessment procedures also vary radically, as does client cost, with the FMCS program being available without charge to the client and the other two programs using means-based fees as sources of income, an important source for MGV and a far less important one for FMC.

The report, based on a selected sample from the two programs and information from the prior study of FMCS, reports in detail on client characteristics, characteristics of the mediation process, and client satisfaction. Additional information was collected by telephone survey of former clients, a computer search of records for former and prospective clients.

The cost of the programs for mediation services alone were similar amongst the programs, with FMCS's costs being slightly higher than the other two programs. The same was true if costs for quality assurance and mediation support and missionary activities were included. Based on total agency expenses, case costs ranged from $831 MGV to $1662 FMCS and $36/hr MGV to $42/hr both other programs.

Consumer satisfaction was high at all programs and there was no evidence that the women clients felt themselves to be disempowered, indeed the opposite appeared to be true. The women clients, however, did indicate a preference for a co-mediation model with at least one woman amongst the mediators.

The study provides a great deal of valuable information about not only the operation of these programs, but also the general response to family mediation. A useful contribution to the literature.

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Kelly, Robert A. and Alper, Donald K., Transforming British Columbia's War in the Woods: An Assessment of the Vancouver Island Regional Negotiation Process of the Commission on Resources and Environment, UVic Institute for Dispute Resolution, P.O. Box 2400, Victoria, BC V8W 3H7, Canada (40pp $10can 1995)

Book review by James B. Boskey

Canada has probably been the leading nation in developing public participatory processes for policy making, and British Columbia has probably been the leading province within Canada in implementing these processes. In the environmental arena, one of the leading organizations in this regard has been CORE (Commission on Resources and Environment) which was created at a provincial level to address regional and sub-regional planning processes. CORE, which is headed by Stephen Owen, formerly the provincial ombudsman, has been busy as a beaver (some puns simply cannot be ignored) in developing and implementing cooperative land use planning processes. This study reports on the Vancouver Island round table which, through the efforts of representatives of 14 sectors (or interests) over a 13 month period, developed a series of recommendations for land use in that region.

The report, which is based on interviews with sector representatives and others with an interest in the process as well as record reviews, provides a good description of the process employed as well as the theoretical and practical concerns that are raised by the process. Questions such as empowerment and disempowerment of participants and those who elected not to participate are seriously considered, as are other questions about the appropriateness of the process and the results achieved.

It is clear that the public participation movement is a growing one worldwide. Reports such as this provide an important analytical base for understanding what has happened to date and to allow for improvement in the planning of similar activities in the future. There are both strong positives and negatives to be realized from the Vancouver Island experience, and those interested in improving policy making processes need to be aware of them.

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Gruenwald, Mark H., The Freedom of Information Act and Confidentiality under the Administrative Dispute Resolution Act (21pp 1995) & Committee on Administration, Proposed Recommendation: ADR Confidentiality and the Freedom of Information Act (7pp 1995), Administrative Conference of the United States, Suite 500, 2120 L St. NW, Washington, DC 20037-1568

Book review by James B. Boskey

At the time the Administrative Dispute Resolution Act (ADRA) was approved by the congress (1990), an amendment to the bill by Senator Leahy seriously compromised the confidentiality sections of the law by declaring that the provisions of 574 of that law were not to be treated as creating an exemption from the Freedom of Information Act (FOIA). Without this exemption, the confidentiality of adr proceedings involving federal government agencies is seriously compromised. Mark Gruenwald's study presents the history of the failure to grant the exemption, and then addresses the consequences of this failure, focusing on the chilling effect it has on participation in ADR processes by both federal agencies and those who are in disputes with them. He concludes with a recommendation that the ADRA be amended to provide for its confidentiality sections to supersede those of the FOIA as originally intended. The Committee Recommendation restates the basic argument in Gruenwald's paper and confirms his recommendation.

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Hodges, Ann C., Dispute Resolution Under the Americans With Disabilities Act (76pp 1995). Committee on Regulation, Use of Mediation Under the Americans with Disabilities Act (6pp 1995)

Book review by James B. Boskey

One of the most serious problems with the Americans With Disabilities Act (ADA) has been that of enforcement. Responsibility for enforcing the first three sections of the act has rested largely on agencies that were already fully committed (EEOC and Justice), and which have, despite some efforts, been unable to keep up with the additional demands that have been placed on them by this Act. As a result, claimants under the Act are often frustrated by delay, and even respondents find the delay in making determinations of responsibility to be a serious distraction from their work responsibilities.

Ann Hodges, in her report, reviews the nature of the ADA and the range of claims that may be made under the Act. She then reviews dispute resolution processes that have been used by the agencies, offering some preliminary assessment of their effectiveness and the problems that they pose. She then turns, for the bulk of the report to examining other ADR devices that could be used, placing her primary focus on the use of mediation to accelerate the process of completing cases. She offers a comprehensive analysis of the issues posed by mediation in this context and of ways in which the problems stated can best be met.

The proposed recommendation of the Committee on Regulation draws on the Hodges report to recommend a cross-agency joint mediation program with extensive educational and evaluative components.

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Kramer, Roderick M. and Messick, David M., Negotiation as a Social Process, Sage Publications, P.O. Box 5084, Thousand Oaks, CA 91359-9924 (348pp $52(c)$24.95(p) 1995)

Book review by James B. Boskey

Negotiation as a Social Process is the product of a conference specially called by the editors/convenors because of their feeling that there is a major gap in the negotiation research literature, specifically the examination of negotiation as a social phenomenon rather than as an economic one. It is somewhat difficult to see how they could have reached this conclusion, however, by focusing on research in cognitive psychology and ignoring much of the rest of the field, it is possible to justify their conclusion.

Having elected to call the conference, however, the convenors were successful in drawing many well known names. Contributors to this volume include: Dean Pruitt, Max Bazerman, and many others whose contribution to the field is well known and broadly accepted. Unfortunately the contributions in this volume do not reach the high standard that such contributors would lead one to expect.

The first section, entitled negotiator cognition in social contexts, begins with an information theory piece by Leigh Thompson, et. al. which somewhat incoherently sets out a framework for the analysis of negotiation in what the authors suggest is a social context. Other articles include Dean Pruitt's discussion of collective scripts (a concept he acknowledges is oxymoronic, but nonetheless possibly valuable), Samuelson and Messick suggesting, sub silentio, that dictatorship is a natural derivative of the tragedy of the commons, Harrison and Bazerman with some useful ideas on regression to the mean and the winner's curse, and Kramer's psychohistorical analysis of the fall of Lyndon Johnson.

The second section deals with relational contexts of negotiation, again hardly an underserved topic. Lawler and Yoon offer a useful preliminary examination of the role of emotion in structuring power in negotiation and Greenhalgh and Chapman look similarly at preexisting relationships. Other articles look at multiparty negotiations (Polzer et. al.) and a research agenda on organizational conflict competence (Robinson).

The final section offers experimental reports. Morris et. al. look at ethical perception in a blind prisoner's dilemma, coming to the somewhat unsurprising conclusion that culture affects perceived obligation. This is confirmed nicely by both Murningham and Pillutla and Kramer, et. al. in the context of ultimatum bargaining. Larrick and Blount examine social context in bargaining games, and Peter Carnevale provides an interesting analysis of the difference between members of individual and collective property holding societies in their response to ownership.

Overall, while there are some interesting articles, this cannot be seen as being one of the more valuable contributions to the literature of negotiation this year.

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Fisher, Linda, Parenting Plan and Booklet, Relationships Australia (NSW), 5 Sera St., Lane Cove 2066 Australia. 02-418-8800. (14pp-booklet 38pp-parenting plan $A19.50(bulk pricing available) 1995)

Book review by James B. Boskey

The idea of developing parenting plans is one that is spreading rapidly, both around the nation and around the world. A parenting plan is an agreement between the parents of a child as to how the child, or any future children of the same parents, will be raised. The parenting plan can be in the form of an agreement intended to be given legal effect, or can be merely a guideline to be used by the parents to direct their own efforts. While such plans can be used in the context of a stable marriage, they are more commonly used where the parents of the child are not married to each other or in the context of an impending separation or divorce between the parents. They are also frequently used by same-sex couples in the context of the adoption or birth of a child.

While it is likely that in the context of a divorce the parenting plan will be drafted by the attorneys for the parties, this does not, of course, mean that such a plan would not be developed in mediation, and in other contexts it would for the plan to be drafted by the parties themselves either with or without the assistance of a mediator. Even in the divorce context, the original plan may be drawn up by the parties and provided to the attorneys to be redrafted into legal and enforceable form, and the same may be done in other circumstances where the parties intend the agreement to have legal consequences. It should be clear that such an agreement cannot, in most states, be final and binding, as the courts reserve the right to review custody and visitation arrangements in the interests of the children, and agreements between a married couple on issues of the conduct of the marriage are usually deemed unenforceable. Despite this, such agreements are useful in providing guidance to the parties if questions later arise as to their intentions, and also can be helpful in compelling the parties to think through their mutual and individual relationships with their children.

Linda Fisher, the Director of the Couple and Family Mediation Service at Relationship Australia, has developed a model to assist couples in developing a parenting plan for their children. The model consists of two parts: a booklet which explains the nature of parenting plans and the issues that are usually dealt with in such plans, and the plan itself, which is also in booklet form, but laid out to encourage the parties to fill in the blanks to identify the manner in which they wish to deal with their children.

The plan makes specific provision for the parents to deal with 10 issues. These include: names, religion, health and emotional well-being, living arrangements, education, family, child support, death of parents, communication/consultation and conflict resolution, and re-evaluation of the parenting plan. Amongst the important features are the invitation for parents to agree to revise the plan as children age or their circumstances change.

This would be a very useful kit to provide to divorce mediation clients and other mediation clients who are concerned with issues surrounding their present or potential children. It will focus them on the issues that they need to deal with, and provide them with ideas as to the types of solutions that are available. It could well be used as a pre-mediation or inter-session device to assist the parties to focus on their children's needs.

* * *

Hauser, Joyce, Good Divorces Bad Divorces: A Case for Divorce Mediation, University Press of America, 4720 Boston Way, Lanham, MD 20706 (181pp $24 1995)

Book review by James B. Boskey

Joyce Hauser is an Assistant Professor of Education at New York University who came to that position from a background in public relations and marketing. She has mediated and arbitrated with the victim services agency in New York and IMCR and has a private practice as a family and divorce mediator and as a lecturer on mediation and family communications. This book is an attempt to apply her marketing skills to mediation, to suggest the reasons why mediation has not been broadly accepted as a panacea in divorce matters, and to develop a strategy for the marketing of divorce mediation.

Unfortunately, Ms. Hauser's interests appear to far exceed her capacities as a researcher, analyst, or writer. The book is based in large part on a mail questionnaire which she distributed to the members of Kindred Spirits, an organization of single parents with children. While she acknowledges that members of such an organization are self-selected and "many possess certain social or psychological characteristics which led to their interest in or need for such an association", she fails to realize that the very common characteristics which she acknowledges are likely, in the case of this organization, to substantially compromise the validity of any conclusions that she draws.

Moving from the weaknesses of this study, her understanding of divorce, both from a practical and emotional standpoint is also seriously lacking. The willing acceptance of statements such as "The perfect divorce ... costs nothing and hurts no one." suggest a fundamental misunderstanding of the psychological consequences of marriage termination that boggles the mind. Similarly, the suggestion that "Many divorcing men and women do see the divorce case as a boxing match. The high-priced divorce lawyer is the trainer and manager ...." suggest that she neither understands the role of the lawyer or the way in which the lawyer, as champion rather than manager, is seen by divorcing parties.

The book is not totally without redeeming value. As a marketer, Ms. Hauser does provide usable text for print ads, radio and television commercials, and the like and some adequate information about the use of publicity. Most of what she offers is done at least as well elsewhere with more understanding, but the material included could provide a basis for an adequate marketing program.

* * *

Irving, Howard H. and Benjamin, Michael, Family Mediation: Contemporary Issues, Sage Publications, P.O. Box 5084, Thousand Oaks, CA 91359-9924 (528pp $58(c)$27.95(p) 1995)

Book review by James B. Boskey

Back in 1987 Irving and Benjamin published Family Mediation: Theory and Practice of Dispute Resolution, which was moderately radical in that rather than focusing, as most books in the field had to that time, on the "how to do it" aspects of divorce mediation, they began with a serious analysis of the theoretical literature on divorce and developed their approach to mediation out of that base of information. In their new work, Family Mediation: Contemporary Issues, the authors have taken that same approach, drawing on the now far more extensive theoretical literature, especially in the psychological sciences, but drawing widely on research from other fields, to inform a serious reexamination of mediation practice and mediation's capacity to deal with the fundamental personal consequences of the divorcing process.

The book is divided into five sections. The first, Background, is an extensive analytical journey through the professional research literature on divorce and its consequences. Such a literature review could be dull, but the clear writing and authoritative and direct analysis offered here avoid that possibility, and instead draw the reader into a clear understanding of what is and is not known about the divorcing process and sets the foundation for an understanding of what consequences that knowledge has for the manner in which attempts to resolve disputes in the divorcing context can proceed.

The second section of the book addresses the basic theme which Irving and Benjamin present, the concept of therapeutic mediation. The concept is grounded in an "ecosystemic" view of the family, which focuses on the patterning of relationships amongst family members and the manner in which any change in existing patterns has consequences throughout the network of an individual's interactions. The mediation process is seen in four stages: assessment, premediation, negotiation, and follow-up, placing far less of the emphasis of mediation on the resolution of specific disputes and issues than on the reconstruction of the parties understanding of their relationship, assuming that specific disputes will naturally be resolved in this reconstructive process.

The third section of the book deals with child custody based on an assumption that mediation of custody issues is only useful in the context of shared parenting. A separate literature review on shared parenting is followed by an analysis of the authors' own research in this area which examined some of the indicia of success of shared parenting in a large Canadian sample. This research is valuable in that it raises appropriate questions about what can make shared parenting viable, but also seriously notes many of the barriers to effectuating this goal. It provides limited answers, but seriously promotes the dialogue on these questions.

The fourth and fifth section of the book offer a discussion of special topics and some closing thoughts by the authors. A review of research in family mediation is included, as is a discussion of ethnicity issues. Allan Barsky also contributes a useful chapter on mediation in child protection cases.

As with their earlier work, Irving and Benjamin have, here, made a substantial and valuable contribution to the literature of family mediation. Their ability to integrate the learning from a wide range of sources is both impressive and valuable, and their own original contributions are realistic, valuable, and presented in a clear and open manner that invites consideration and criticism to improve the operations of the field as a whole.

* * *

Kidde, Andrew, Annotated Bibliography of Outcome Studies on Divorce and Custody Mediation, Mediation Committee, Washington State Bar Association, 500 Westin Bldg., 2001 Sixth Ave., Seattle, WA 98121-2599 (20pp 1995)

Book review by James B. Boskey

Andrew Kidde has prepared a very useful annotated bibliography for the Mediation Committee of the Washington State Bar Association. An introductory essay reviews the literature on divorce mediation outcomes, noting satisfaction, cost, and other measures of success that have been used. This is followed by a listing of 15 studies, each described and their basic data summarized. A convenient and useful means of examining the literature in this area.

* * *

Kritzer, Herbert M., "First Thing We Do, Let's Replace All the Lawyers:" A Comparison of Lawyers and Nonlawyers As Advocates(DPRP Working Paper 11-9), Institute for Legal Studies, University of Wisconsin Law School, 975 Bascom Mall, Madison, WI 53706 (25pp $5 1995)

Book review by James B. Boskey

One of the fundamental questions in legal education, and one that is played out often in mediation settings, is the importance of representation by an attorney as opposed to self-representation and representation by someone with other qualifications. Kritzer examines this question in four settings where both attorneys and non-attorneys frequently provide representation and where pro se processes are not uncommon.

The four settings examined are Wisconsin state tax appeals, unemployment compensation appeals, social security disability hearings, and grievance arbitration hearings. In the tax appeals, where representation by non-attorneys is usually by accountants or "enrolled agents", having an attorney representative has a substantial beneficial effect. In the unemployment area, the question is more complex, but overall very little if any advantage appears to exist for attorney representation. A complicating factor is that many of the non-attorney representatives are law students in a clinical program, which may bias the results. In the social security disability cases, attorneys have slightly better results. Again, however, the fact that many of the non-attorneys operate in legal service programs under lawyer supervision and/or are full-time trained practitioners in the area may explain the narrowness of the gap. In the grievance arbitration setting again, no strong difference were seen.

Kritzer concludes that the key factors in equalizing the results for non-attorney and attorney representation appear to lie in the areas of substantive and advocacy training. Where a non-lawyer is given substantial training and/or has substantial experience in these areas, his or her effectiveness may well be close to, or as great as, that of an attorney. Absent such specialization, however, it appears that real differences do result.

* * *

Friedman, Clara H., Between Management and Labor: Oral Histories of Arbitration, Twayne Publishers, Simon & Schuster Macmillan, 866 Third Avenue, New York, NY 10022 (232pp $28.95(c) $15.95(p) 1995)

Book review by James B. Boskey

The comprehensive history of labor arbitration in the United States, as opposed to the legal history of the same subject, remains to be written, but, when it is written, its author will owe a great debt to Clara Friedman. The project which led to Between Management and Labor was an important and successful experiment in oral history. Under the supervision of Dr. Friedman, a group of law students were sent to conduct structured interviews with many of the individuals who were either in the creation of or played an important part in the development of the modern labor arbitration system. In addition, Dr. Friedman herself conducted several interviews to make certain that the assignment given the students was one that could in fact be accomplished.

The tapes of the interviews have been available in the Columbia University Oral History Archives, but that has not served to make the information collected available to others interested in the field. In this volume, Dr. Friedman has edited the interviews, excising the questions and some of the material to keep the length in check, and made it available to a wider audience.

The bulk of the book consists of the interviews with 15 leaders in the arbitration field. All of them, except for Robert Coulson, have been very active for much of their career as arbitrators, and Coulson, of course, brings the knowledge that he acquired as General Counsel and later President of the American Arbitration Association to the table. Amongst those interviewed for the study are: Emanuel Stein, Walter Gellhorn, Milton Friedman, Thomas Christensen and George Nicolau. The interviews focus on the involvement of each of the interviewees in the labor and management field, the manner in which they became originally involved in arbitration, and some of the important learning that they have acquired through that experience. This is not a book of war stories, but rather a serious examination of the nature of arbitration and the role of individuals in its development and promotion, especially in the early years.

The interviews are complemented by a brief history of labor arbitration written by Professor Irving Bernstein. This chapter, which is, somewhat unfortunately, placed at the end of the book, provides a useful perspective for understanding the interviews and the role of the interviewees.

Overall the book is a pleasure to read for anyone with an interest in the history of labor arbitration and of the labor movement in the twentieth century in general. The interviews are extraordinarily well edited so that they not only provide useful information, but also give a real sense of the individuality of the participants. This will become a fundamental piece of labor history documentation.

* * *

Lickson, Charles P. The Use of Alternative Dispute Resolution in Intellectual Property, Technology-Related, or Innovation Based Disputes [In Volume 55 Am Jur Trials-Model Trials, Lawyers Cooperative Publishing, Aqueduct Building, Rochester, NY 14694 (160pp 1995)

Book review by James B. Boskey

The most difficult question about reviewing Charles Lickson's piece is how to classify it. Lawyer's Coop, in sending it to me, classified it as an article and suggested a listing in the articles section of this newsletter. In reading it, however, I felt that it was of sufficient value to be noted in a review such as this. It is, however, so far as I am aware, only available as a part of the Am Jur Trials series.

The title of the work is somewhat misleading. While Lickson does pay some attention to Intellectual Property issues in the article, the bulk of it is simply an excellent introduction to alternative dispute resolution. It begins with a general overview of the uses of ADR and some of the factors which make its use appropriate and inappropriate in specific circumstances. This is followed by detailed sections examining negotiation, arbitration, mediation, and other ADR process. A separate section discusses court-related programs, and another the advantages and disadvantages of using ADR. Appendices provide a range of information about collateral issues. Included are also a few, well designed, forms for use with ADR programs.

There are several volumes around that provide this kind of introductory survey of the field of ADR. This is one of the better of these, Lickson writes clearly, focuses well on the most important issues, and has a real sense of the needs of a novice audience. If Am Jur makes this regularly available in a pamphlet format, It would be a valuable resource for an introductory training program or course in alternative dispute resolution.

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Lane, Pamela S., Conflict Resolution for Kids: A Group Facilitator's Guide, Taylor and Francis, #101, 1900 Frost Rd., Bristol, PA 19007-1598 (53pp $14.95 1995)

Book review by James B. Boskey

Conflict Resolution for Kids is a facilitators guide for a five 1 hour session program to familiarize children with peaceful resolution of conflict and offer them some techniques that they can use in dealing with the conflicts that arise in their own lives. While the book does not specify the appropriate ages for the program, it is apparently designed primarily to be used with children from about ages 6-13. The ideal group size is about 6-9 children.

The Guide is clear in describing the nature of the program, setting forth descriptions of the proposed activities and identifying the materials required. The materials required are fairly minimal, and forms of the printed material suitable for duplication are included. The games provided are simple, but well calculated to convey the ideas that they are intended to promote.

The program is well designed to hold the interests of the children participating and to provide them information and opportunities for skill development in a pleasant and enjoyable setting. The one weakness that concerns me to some extent is that more could have been provided in guidance for the facilitator on the underlying philosophy of the program, however, that philosophy is not difficult to discern and most experienced teachers or facilitators will have little problem with its implementation.

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Fleischer, Janice M., Court Connected Mediation Activities (By State or Province) (2d Ed.), SPIDR, 815 15th St., NW, Suite 530, Washington, DC 20005-2201 (~800pp $50 1995)

Book review by James B. Boskey

The SPIDR Court ADR Sector sponsored Court Connected Mediation Activities (By State or Province) is a fundamental reference volume that all dispute resolution programs and many individual dispute resolvers will wish to have on their desk or available for immediate use. It provides on a state by state basis (including Puerto Rico, Washington DC and the Virgin Islands but omitting some eight states for which information was presumably unavailable) basic information about court ADR programs. Each state's section is headed by an information sheet providing contact information for the state/oversight agency, citations to relevant statutes and rules, whether mediation is mandatory or discretionary, mediator fees or volunteer status, confidentiality and immunity levels, whether a party can petition the court for mediation, whether there is case evaluation before referral, whether attorneys are permitted or mandated to attend mediation sessions, professional ethics standards, grievance procedures, training requirements, who can serve as a neutral, funding sources, program evaluation, unique qualities of the state program, and key judges who have advanced ADR in the state. In addition the text of statutes, rules, and the like are included where they were available, and in some cases articles describing the state program. Obviously, the material is not complete for all states, but this is clearly the most comprehensive listing available, and provides a resource almost beyond price.

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Lederach, John Paul, Preparing for Peace: Conflict Transformation Across Cultures, Syracuse University Press, 1600 Jamesville Ave., Syracuse, NY 13244-5160 (146pp $24.95 1995)

Book review by James B. Boskey

John Paul Lederach's Preparing for Peace is a meditation on the concept of conflict transformation in the context of providing training in conflict skills in cultures other than one's own. Lederach is a sociology professor at Eastern Mennonite University and has been a leading trainer in conflict issues for Mennonite programs in many areas of the world. In view of his background, it is not surprising that he treads the border between peace camp and the conflict resolution camp, drawing on resources from both sides of the divide to construct his thinking.

He begins his examination by focusing on the fact that education and training are, by their very nature, neither value nor culturally neutral. He presents an example from a training in Guatemala where he implemented a mediation role play in Spanish based on a situation provided by Guatemalan consultants, where the first comment of the participants was that the Guatemalans involved in the role play "looked like gringos". From this he observes that the very concept of the mediation process presented by someone from a North American culture necessarily embeds North American cultural assumptions in ways that are usually invisible to the trainer. As training involves the communication of "social knowledge", this is inevitable, but a consciousness of it can inform the process and make it both more effective and more applicable to the culture in which the training is taking place.

Lederach then distinguishes between prescriptive and elicitive models of training. The first involves the communication of the trainers views and background on the basis of expertise, while the second seeks to derive the fundamental philosophical and practical concepts of the training from the resources inherent in the trainees. No training is purely elicitive, and it is not clear that any training is in fact purely prescriptive either, but effective cross-cultural training requires that priority be given to the elicitive approach. This is far more difficult for the trainer as he or she cannot simply rely on "superior knowledge", but is far more likely to provide useful understanding in the trainees and allow them to develop skills that will be capable of being applied in practice.

Much of the book is dedicated to setting out approaches to developing elicitive training and implementing it. The use of storytelling, roleplays, and trainee involvement in training design are used as examples of the approach. Lederach draws on his experiences to suggest directions that will allow the effectuation of this training and orient the trainer to the culture rather than the culture to the trainer.

This is a very thoughtful work and offers important contributions to our thinking about the nature of the conflict resolution project as well as about training. In light of the increasing desire of US based conflict resolution trainers to offer their services abroad, and the increasing opportunities for them to do so, this is the kind of thinking that needs to be done. The book should be mandatory reading for anyone who is thinking about carrying the North American mediation model to other parts of the world or even to different cultures within the United States.

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Gruenberg, Gladys, Arbitration 1994: Controversy and Continuity (Proceedings of the Forty-Seventh Annual Meeting-National Academy of Arbitrators, BNA Books, PO Box 7814, Edison, NJ 08818-7814 (396pp $40 1994)

Book review by James B. Boskey

The arrival of the Proceedings of the Annual Meeting of the National Academy of Arbitrators is always anxiously awaited by those in the labor-management community. Edited, as it has been for many years, by Gladys Gruenberg, it consistently provides valuable substantive information and, more importantly, serious intellectual discussion of the most important issues facing the community, as well as practical and useful information for the practicing neutral and advocate, all of it edited with exceptional efficiency and care. The 1994 volume is no exception to this general rule.

The 47th annual meeting of the Academy was dedicated to the memory of Ralph Seward, the first President of the Academy, who died in 1994 after a long and illustrious career as an arbitrator in the steel industry. The topic of the meeting, Controversy and Continuity, was well represented in the papers presented, which were, as usual, generally excellent.

William Gould, as distinguished speaker, addressed several areas of concern to the NLRB. These included determination of the appropriate unit for collective bargaining, the need for increased use of dispute resolution techniques, and the problem of wrongful discharge. Specifically, he called for the development of new techniques which reduce the reliance on litigation (including arbitration) as means of resolving these matters. This is certainly an appropriate and important challenge for the dispute resolution community in general as well as for the labor-management group.

Other topics considered ranged widely. Raymond Flannery, an industrial psychologist, addressed the growing problem of violence in the workplace. Health-related issues, with special reference to the Americans with Disabilities Act, the due process rights of persons not wanting to join a union, and the special problems of professional employment, all focused on major developments in the field. Continuity appears in Oldham's discussion of the early use of arbitration in England with regard to economic and social issues, and examinations of three classic arbitration matters and the Trilogy. Other papers looked at compulsory arbitration in Australia, new roles for labor arbitrators, and practical approaches to arbitration.

As usual the volume is fully indexed by topic and author and will hold an honored place on the shelves of all those involved in the labor-management arena.

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Farnham, Barbara ed., Avoiding Losses/Taking Risks: Prospect Theory and International Conflict, University of Michigan Press, 839 Greene St., P.O. Box 1104, Ann Arbor, MI 48106-1104 (165pp $18.95 1995)

Book review by James B. Boskey

Prospect theory offers a modification or limitation to rational choice theory in decision making. It takes the view that individuals, rather than evaluating decision outcomes on an abstract and absolute basis, select the desirability of particular choices and their correlated outcomes with respect to deviations from a reference point, and that the selection of that reference point is a critical variable in the choices they make. It also takes account of the fact that people are generally risk averse with respect to gains from their decisions, but risk acceptant or risk tolerant with regard to losses. Tentative confirmation of this reality exists in the psychological literature, and the use of this theoretical model tends to be strongly supported by examination of particular decision making events both in historical and experimental settings.

Prospect theory can be, and has been, applied in a wide range of settings. One of the areas in which it is most useful is in the analysis of responses to international conflict, where the possibility of loss appears to often be exaggerated in comparison to the anticipated gains from any particular action. This volume offers a series of essays applying prospect theory to such international situations.

Jack Levy begins the analysis with a general introduction to prospect theory. Robert Jervis then elaborates on one aspect of the theory, the tendency towards loss aversion in the political context. Three papers then apply prospect theory to particular decision situations. Barbara Farnham examines Roosevelt's response to Munich, Rose McDermott looks at Carter's decision to attempt the hostage rescue mission in Iran, and Audrey McInerney evaluates Soviet policy towards Syria in light of the theory. Finally, Levy offers an overview of the application of prospect theory in the international arena, describing some of the applications that are possible and the analytical problems that are faced in making such applications, while Eldar Shafir provides a psychological perspective on these same problems.

The essays included are well written and informative. No pretense is made that prospect theory provides a comprehensive explanation of all decision making in the international arena, but it is clear that it provides a powerful tool for examining and evaluating the decisions made. Also important is the insight that it provides into the manner in which the selection of the point of reference influences the decisions made and the way in which the presentation of the problem can influence the selection of that point. The book provides a valuable introduction to an important aspect of decision theory, and the lessons learned from it can be applied to decisions at all levels, not merely the international.

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Lord Chancellor's Department, Looking to the Future: Mediation and the Ground for Divorce-A Consultation Paper, HMSO Books, PO Box 276, London SW8 5DT, England (93pp 13-30 1994)

Book review by James B. Boskey

Those of us who specialize in family law and related areas will remember that it was a report from England, Putting Asunder-A Divorce Law for Contemporary Society, published by the Archbishop of Canterbury's special commission in 1966, that set much of the framework for divorce law reform in the United States, including the adoption of no-fault divorce as the primary model for the ending of marriages. Thus, this new report, reexamining many of the basic premises of divorce law and practice in England, may be of direct importance in this country as the lessons learned may well be adopted here as well, albeit in modified form to take account of American attitudes and ideologies.

It is worth pointing out first that this paper is not a set of final conclusions, but rather, in good British legislative tradition, a talking paper that is anticipated to give rise to extensive discussion of the principles stated. Thus it is possible that little or none of what is contained in the report will be adopted, but it is equally likely that much of it will.

The report begins with a statement of five objectives which should govern the law and procedure of marital dissolution: supporting the institution of marriage, including practicable steps to prevent irretrievable marriage breakdown, ensuring that parties understand the consequences of divorce before final decision making, where divorce is inevitable minimizing the hostility between the parties, and minimizing costs for the parties and the taxpayers.

This is followed by an analysis of the current law and statistics on divorce to evaluate the extent to which the current law meets these goals. One obvious concern is that the rate of divorce is higher in England and Wales than in any of the other European Union countries except Denmark. Based on this information the need for a proposal to improve the current law is made clear, and the basis of such proposals, including several alternative approaches discussed.

The key focus, at least from an ADR point of view, of the report is, however, on family mediation. The report largely accepts mediation as a given and discusses various alternatives for how it should be implemented. While a no mediation option is mentioned, it is clear that the intent is that mediation should play an important role, and the more important question is whether some use of mediation should be mandatory and the level of confidentiality to be provided to statements made in mediation. Perhaps the most important procedural innovation in this regard is the idea of a mandatory initial interview for divorcing couples at which alternatives such as mediation could be discussed.

The report does not reach final conclusions as to what changes are appropriate in the law. The tone of the report, however, demonstrates clearly that mediation is no longer seen as incidental, but as a fundamental part of a marriage dissolution system. This attitude and approach are likely to be widely disseminated around the world in examining divorcing systems.

* * *

Hoffman, Ben, Conflict, Power and Persuasion: Negotiating Effectively (2d ed.), Captus Press, York University Campus, 4700 Keele St., North York, ON M3J 1P3, Canada (74pp $8.50US 1993)

Book review by James B. Boskey

Ben Hoffman, the President of Concorde, Inc., one of the largest private negotiation and dispute resolution firms in Canada, provides in this brief book a clear and useful approach to negotiation in what he terms an "ecological framework". Drawing heavily and eclectically on the approaches developed at the Harvard Negotiation Project, he places these approaches in a context that some would say is prototypically Canadian, focusing on the relationship between the parties and the negotiators as a starting point and looking to the substance of the potential agreement only after that relationship has been appropriately established and defined.

This may give the impression that Hoffman is a "soft" negotiator, but in fact his approach is not soft, but merely a cooperative one. He points to his experience in working with the "First Nations" (the Canadian term for Amerindians) and his realization that for many tribal negotiators the relationship established between the parties takes priority over the detailed results of the negotiation. This approach, which in many ways resembles the Japanese style of negotiation, and does not mean that one unduly compromises the results, but that one focuses on long-term relational benefits equally to short-term results of "the deal".

The book is well written and provides an, if not unique, unusual and valuable outlook on the negotiation process. It might well be used in conjunction with a more traditional negotiation training book to demonstrate the range of approach options.

* * *

Federal Environmental Assessment Review Office (FEARO), Environmental Mediation: A Sourcebook, Federal Environmental Assessment Review Office, 200 Sacré-Coeur Blvd. (13th Fl.), Hull, PQ K1A O3H, Canada, att: Mr. Stéphane Parent, Reference Clerk, Publications (66pp no price stated 1992)

Book review by James B. Boskey

The Sourcebook on Environmental Mediation prepared by the Canadian Federal Environmental Assessment Review Office is a valuable resource for those seeking information about the environmental mediation process as it is practiced, especially in Canada, which is one of the more advanced nations in its use.

After a brief introduction explaining the nature of mediation and its applicability to environmental disputes, the remainder of the volume is a collection of resources. This begins with a list of organizations involved in environmental mediation in Canada. The list includes 27 groups, and for each provides not only an address, phone and fax number and contact person, but also a brief description of the group and its activities. This is followed by a list of courses on environmental mediation offered in Canada, six such programs being identified, and a list of individuals so involved-classified as researchers, proponents, public interest, regulator/administrator, or consultant. Finally the volume offers an extensive bibliography, which separates Canadian and American sources and includes books, articles, case studies, and an "other" classification. Some of the bibliography items are briefly annotated as to the context of their origin.

Overall, this is a valuable list of sources which no environmentalist in Canada can afford to be without and which US and other environmentalists will find useful for information and referral.

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Larsen, Knud S. (ed), Conflict and Social Psychology, Sage Publications, P.O. Box 5084, Thousand Oaks, CA 91359-9924 (249pp $65 1993)

Book review by James B. Boskey

Conflict and Social Psychology offers a collection of research studies/review articles that reflect the current state of the art in the psychological analysis of conflict, especially in an international setting. The authors of the individual articles, who come from at least 14 different nations, primarily in North American and Eastern and Western Europe, provide excellent, though highly technical, analyses of problems that are on the forefront of conflict analysis.

The essays are collected into three sections. The first section includes articles based on cognitive theory and range from a broad theoretical approach to theory building in this area to the examination of how the threat of war is best conceptualized from a cognitive viewpoint. Included is an examination of the rigidity that has developed in Israeli perceptions of Palestinians that focuses on the perception of their threat as one to the Jewish sense of symbolic immortality.

The second section addresses social psychological approaches to conflict. Again, broad scale theory is seen in articles on developing a model of intergroup conflict and the application of community psychology to peace studies and the methodological paradigms of psychological peace research. Narrower foci include an examination of minority influence and the mechanisms of discrimination and a look at intergroup relationships based on an examination of labor negotiations in France.

The third section offers four empirical studies which cross the boundaries of the subfields. The Sri Lanka conflict is reviewed as seen in the attitudes of elites, questions of national identity and its nature are examined, as are gender psychology of war and peace and beliefs related to the acceptance of war.

The articles offered are all of solid value, but most of them are highly technical and require at least some serious grounding in social psychology to be fully comprehended. The book makes a serious contribution in this specialized, but important area.

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Faure, Guy Olivier and Rubin, Jeffrey Z., Culture and Negotiation: The Resolution of Water Disputes, Sage Publications, P.O. Box 5084, Thousand Oaks, CA 91359-9924 (264pp $49.95(h) $24.95(p) 1993)

Book review by James B. Boskey

In Culture and Negotiation, a volume co-sponsored by the International Institute for Applied System Design and UNESCO, Guy Faure and Jeffrey Rubin have brought together a group of experts on negotiation and on riverine and closed sea related issues to examine the influence of the culture on the resolution of this type of water dispute and, by example, in any complex negotiation. As the authors point out cultural factors have too often been used to excuse negotiation failures. Cultural differences are real, but they exist between any two individuals, and the fact that the differences are often greater in international or other specialized negotiations does not excuse the participants from moving past the barriers they may pose. This volume examines, through a series of articles, cultural factors in international negotiations and lays a framework for dealing with many of the issues presented.

After an introductory chapter setting out definitions of culture and negotiation and describing some of the traditional approaches to their interface, the essays in the volume are divided into three groups. The first four essays address the question of "does culture make a difference in international negotiations" from a skeptic's, an advocate's, a professional's, and a pluralist's viewpoint. The four range from a view that cultural difference is a key determinant of negotiation success to one that it is used primarily as an excuse to justify negotiation failures after the fact.

The second group of essays, following an introductory essay by the editors which sets forth some of the framework issues for dealing with water resource problems, each deal with a single example of this type of controversy. Topics included are the Nile, Euphrates, Rhine, and Jordan rivers, The Black Sea, and the Three Gorges Dam in China. In each case a historical and geographic overview is followed by an examination of the groups involved in the relevant negotiations and the cultural influences that lead to success or failure of the negotiation process.

Finally, the third section of the book consists of two essays, by Jeswald Salacuse and by the editors, teasing out general lessons to be learned from the earlier studies, both in terms of the influence of culture on negotiation and in terms of international disputes generally.

The essays offered are clear, well written, carefully edited, and together focus attention clearly on the issues of culture. They are not always easy reading, especially the theoretical essays, but the ideas presented are accessible and important to consider.

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Family Mediation Canada, Public Education Guidebook, Family Mediation Canada, 123 Woolwich St., Guelph, ON, N1H 3V1 Canada (17pp free 1994)

Book review by James B. Boskey

Family Mediation Canada is the coordinating and networking organization for divorce and family mediation in Canada. One of its primary goals is the development of a full public awareness of the mediation option, and in carrying out this goal, it has developed a wide range of resources for public information. This volume is basically a catalogue of those resources, making them available to FMC members, and perhaps others, who wish to publicize the mediation process with professional quality resources.

Included in the list of print resources are flyers, posters, consumer's guide, print advertisements and the like. For media purposes media information kits, and both television and radio PSA (public service announcements) are available. The catalogue also provides information on how to use these tools, resources to invoke in one's local community, and how to effectively implement a public information/advertising campaign. The catalogue is a useful guide, and even for those not in Family Mediation Canada's territory, it will provide useful ideas for developing one's own publicity campaigns.

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Fisher, Linda and Blondel, Michelle, Couples Mediation: A Forum and A Framework, Marriage Guidance New South Wales, 5 Sera St., Lane Cove 2066, NSW, Australia ( 40pp no price stated 1993)

Book review by James B. Boskey

It is very rare that an individual involved in all the complexities of establishing a service organization becomes and remains aware of the opportunity that the experience provides to structure the program, or at least its record keeping methods in such a way as to allow them to be used as an effective resource for research. Indeed it usually takes somebody like Linda Fisher, with her prior experience in research and commitment to a serious data collection and analysis, who then becomes director of a program like the Couples Mediation Service of Marriage Guidance New South Wales, to design and implement such a program.

And so she has! Couples Mediation Service was formed in 1991, offering primarily divorce mediation services, and this volume reports not only the usual information from periodic reports of such agencies, such as number of cases mediated, settled, etc., but rather provides substantial insight into a number of important questions in mediation practice theory. When the project was started, Linda set down specifically as series of hypotheses of what could be expected in a mediation program of the type and made sure to collect the data on each case that would allow it to be used to confirm or reject the null hypothesis developed. Thus we are offered clear data, collected with attention to specific research goals, that allows the researcher and reader to draw specific conclusions about the operation of this kind of mediation practice.

The information reported in the volume is not, on the whole, surprising, but it does confirm other research and theoretical positions that have been posed with hard data. It tends to confirm that English language mediation is more effective if both parties are native speakers (not a surprise, but a useful confirmation) and to suggest, on too limited a sample to be firm, that Asians were more likely to reach agreement, whole or partial, than those of Arabic speaking background. Perhaps more useful is confirmation that the level of agreement increased directly with the number of issues under discussion and that there was substantial disagreement between the parties, after the fact, as to whether or not they had reached agreement.

One criticism that I would offer is the failure to apply, even basic, statistical analysis to the data offered. Many of the results are indicative though not at a traditional level of statistical significance, but it would have been useful to know which data did reach that level. Traditionally that would have been difficult, but with the new computer based statistical programs such analysis would have taken little time or effort. Overall though, the information offered is useful, and a sufficient data is provided that the reader could perform his or her own statistical analyses.

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Hunter, Martin, et. al., The Freshfields Guide to Arbitration and ADR: Clauses in International Contracts, Kluwer Law and Taxation, 675 Massachusetts Ave., Cambridge, MA 02139 (110pp $30 1993)

Book review by James B. Boskey

Freshfields, for those who like me were unfamiliar with the name, is a firm of solicitors who have a very active International Arbitration Group operating out of Paris and London. The four co-authors of this volume are all partners in that group, and the quality and extent of their experience show clearly in this well written and well thought through presentation on how to draft arbitration and ADR clauses for international contracts.

Not surprisingly, the bulk of the volume is given over to arbitration with other forms of ADR given secondary consideration. This is both planned by the authors and appropriate as the primary concern of most commercial clients is for the ultimate determination of rights rather than the process by which these are determined, and non-binding mechanisms are far easier to set into place after a dispute has arisen than are binding ones.

Initially, on examining the title of the book, I expected it to be little more than a compendium of sample arbitration and ADR clauses. Instead, much to my pleasure, it turns out to be a serious analytical essay on what to consider in and how to draft an arbitration or dispute resolution clause for an international commercial contract.

The first five chapters address specific issues that need to be evaluated in determining whether to use arbitration and if so what kind of clause to draft. The first chapter addresses the decision to arbitrate and the choice of institutional (administered) or ad hoc arbitration. Assuming the choice of institutional arbitration, the second chapter discusses the major institutional alternatives with their strengths and weaknesses (I would have liked a bit more discussion of the major national associations, but otherwise this is as intelligent a discussion of the options as I have seen), while the third addresses the location for the arbitration, a decision which must be controlled not merely by convenience or ambiance, but by attention to the enforceability of arbitration agreements and the surrounding legal environment.

Chapters four and five address selection of arbitrators and of applicable law. Questions of the number, manner of appointment, and qualifications of the arbitrators may, and usually should, be addressed in the arbitration agreement, and the choice of law may be critical to both the process and the substantive decision. The authors point to five possible areas where different law could apply without even addressing the law applicable to the award, emphasizing the importance of intelligent decision making in this area.

The remaining chapters deal with other related topics. Chapter 6 examines the available mechanisms to deal with special situations such as multiparty disputes, waiver of immunity by state parties, and use of prearbitral reference procedures. Chapter seven deals with specific drafting issues, while Chapter eight addresses ADR clauses.

A series of model arbitration and ADR clauses are included in the appendix to the volume. Interestingly, most of these clauses, supplied by various arbitration administrative groups, do not meet the standards suggested by the book itself. The lesson thus provided is that there are no shortcuts to good drafting. Anyone drafting arbitration clauses in an international context should read the "whole thing", and those drafting domestic arbitration clauses would also benefit greatly from the same activity.

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Haldeman, George P., Alternative Dispute Resolution in Personal Injury Cases, Clark Boardman Callaghan, 155 Pfingsten Rd., Deerfield, IL 60015-4998 (531pp $125 1993)

Book review by James B. Boskey

Writing an effective practice manual on ADR requires walking a very thin line between an overly academic view of the subject and merely taking the reader step by step through an exemplary process. George P. Haldeman has managed, very neatly, to walk that line and, even better, does so while maintaining a conversational, clear, and yet elegant tone.

The book begins with a somewhat more comprehensive than usual examination of the range of ADR devices available and one that is well focused on their applications in the personal injury arena. This is followed by a chapter on the selection of such cases for ADR, looking to a full range of criteria including time and expense factors, case strategy, and personal factors. This is then complemented with a look at the range of fora available, the selection of neutrals, and the preparation of the case and the client (an often overlooked factor) for ADR.

The second section of the book looks at the ADR agreement, the proceeding, and pre and posthearing issues. As regular readers will be aware, I am strongly of the opinion that too many attorneys fail to pay sufficient attention to the design of the procedures that will be used in resolving their cases, and I was very pleased to see that Haldeman pays close attention to a full range of drafting issues. Further, his discussion of ADR practice combines a good practical sense of what the neutral will need to decide the case properly with a tactical and strategic view of case presentation that will allow the reader to be very effective for his or her client.

The remaining sections of the book offer a wide range or resources for the ADR oriented personal injury lawyer. Chapters address the federal and uniform arbitration acts, ethical codes, and other federal ADR legislation, public, not for profit, and private dispute resolvers-providing some analysis of services as well as the usual mere listing, and a useful collection of ADR forms including agreements, rules, correspondence forms, ADR forms, and related litigation forms.

This would be an excellent book to give as a gift to a personal injury attorney who is looking to improve the quality of his or her practice or life. It is enjoyable to read and practical to use.

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Folger, Joseph P. and Jones, Tricia S., New Directions in Mediation: Communication Research and Perspectives, Sage Publications, P.O. Box 5084, Thousand Oaks, CA 91359-9924 (288pp $45(h) $21.95 (p) 1994)

Book review by James B. Boskey

I have taken the view here previously that communications theory and communications research offers one of the most promising lines of attack on developing a general theory of mediation and conflict resolution in general. Mediation is, after all, primarily a means of facilitating communication between parties, and an improved understanding of communication in conflict and conflict resolution settings is likely to provide us with both a better understanding of process and important ideas for structuring programs to reduce and resolve conflicts.

Folger and Jones's work continues the Sage Publications series that has been the center for reporting of this work. One of its most interesting features is that they have increased the mix of "mediation theorists" with traditional "communications theorists" suggesting that the fields are merging in a healthy way. Amongst the authors included in this volume whose background lies in a mediation rather than a pure communications setting are Robert Baruch-Bush, Carl Moore, Jeanne Brett, Janet Rifkin, and Christopher Moore.

The volume is divided into four sections which, to a great extent, define the range of communications theory as it applies to mediation. The first section, "Communication Perspectives on the Nature of Discourse in Mediation", offers three articles on the factors that structure the general patterns of communication in a mediation setting. Sara Cobb takes a narrative perspective in examining story telling, while Folger and Baruch-Bush examine ideological viewpoints, especially in the mediator, as structuring the mediation experience. Tricia Jones focuses on relationships as a theoretical overview model for the same experience.

The second section is a collection of articles which provide a more micro-communication basis for examining mediation processes, typically using detailed examination of actual communication as the basis for theory development. Littlejohn et. al. examine the structuring of reality that occurs in the mediation process, while Greatbatch and Dingwall look at the interactive construction of mediation communication and Tracy and Spradlin examine the conversational moves used during the divorce mediation process.

The third and fourth sections of the book are more directed to the application of the theoretical learning. Donohue and Bresnahan look to communications issues in cultural context, bridging to some extent the gap between the two sections, while Jones and Brinkman apply the theory to peer mediation programs, primarily school based, and Karambayya and Brett do the same for managerial third party interventions.

The final section is broader in nature. Janet Rifkin speaks to the application of theory to practice in general, while Chris Moore deals with the same issue more specifically in the context of communication theory specifically. Carl Moore takes a broader view of the nature of mediation as a whole and the need to address a full range of third party interventions.

The material offered is important, and most of it is on the forefront of the learning curve in our understanding of mediation. The articles are academic in style, meaning they take serious concentration to deal with, but that serious attention will be well repaid.

* * *

Fisher, Roger, Kopelman, Elizabeth, and Schneider, Andrea Kupfer, Beyond Machiavelli: Tools for Coping with Conflict, Harvard University Press, 79 Garden Street, Cambridge, MA 02138 (156pp $16.95 1994)

Book review by James B. Boskey

In one sense only I am disappointed with Roger Fisher's new book, Beyond Machiavelli. After the publication of Getting to Yes and Ury's contribution in Getting Past No, I have been telling my students for some time that the next book should be titled Getting Through Maybe. In fairness, however, this book is really an alternative look at the process of getting to yes. While the examples are largely drawn from the international arena, the real purpose of the book is to propose alternative, though not very different, ways of accomplishing agreement in any setting where there is a likelihood of substantial disagreement.

The basic approach to analysis of a negotiation setting which is offered here is a five step approach, much of which is focused on developing an appropriate understanding of the viewpoint and needs of the other negotiating party. The process begins with an attempt to "Step into their Shoes" meaning to understand the other party's perception of the issues in controversy. This is followed by an analysis of the way in which the other party will perceive their options in the setting, whether those options are presented by the negotiator or are situational in nature. Having developed the appropriate level of understanding of the other's viewpoint, the authors then lead the reader through the process of developing fresh ideas for resolution of the problems presented, formulating strategies that will make those ideas acceptable, and, where appropriate, changing the nature of the negotiation process.

The book is well written and very readable and would serve as a good introduction to the resolution of disputes, but it is, in some respects, both less creative and less effective than its predecessor. The idea of understanding the viewpoint of the other negotiator is an important one, and the authors detailing of a process through which this can occur is useful, but the book seems less than clear on the appropriate means of combining the information thus obtained with an understanding of the negotiator's own goals to develop a mutually acceptable negotiation script. I would note particularly in this regard the charts of currently perceived and target future choice, which appear to fail to balance the advantages and disadvantages of each decision in favor of demonstrating why an apparently unreasonable decision seems appropriate. Few experienced decision makers in a negotiation setting fail to balance gains and losses in far more detail than this makes apparent.

Despite this weakness, the text would be of real value in an advanced negotiation curriculum. While I find some of the analysis of particular situations weak, the approaches used are valuable ones which belong in the arsenal of the effective negotiator. The techniques of analysis suggested are ones that will be valuable to anyone who takes the negotiation process seriously.

* * *

Gruenberg, Gladys W. (ed.), Arbitration 1993: Arbitration and the Changing World of Work, BNA Books, 1250 23rd St. NW, Washington, DC 20037-1165 (369pp $40 1994)

Book review by James B. Boskey

The Gruenberg edited proceedings of the National Academy of Arbitrators are always models for proceedings books, and Arbitration 1993 is no exception. The proceedings are collected into 12 chapters beginning with David E. Feller's Presidential Address on the increasing irrelevancy of the Steelworker's Trilogy and Archibald Cox's Distinguished Speaker presentation on the Health Effects Institute's work on environmental health hazards in the workplace.

The other 10 chapters, excepting one presenting past Academy presidents and an Honorary Life Membership in the Academy to Arnold Zack, each consists of one or two lead presentations and commentary, usually from both a labor and management perspective. The topics covered range widely. Included are: the competitive environment and arbitration, downsizing and restructuring problems, grievance mediation, conflicts arising from work force diversity, the ADA, homosexual employee family benefits, changing values, duty of loyalty, performance monitoring, and the arbitration hearing.

As usual the editing is immaculate and detailed author and topical indexes are provided.

* * *

Harris, Alan E., Sink, Charles M., and Wulff, Randall W., ADR: A Practical Guide to Resolve Construction Disputes, American Arbitration Association, 140 W 51st St., New York, NY 10020-1203 (408pp $79/$69 members 1994)

Book review by James B. Boskey

The construction industry has long been one of the active centers of the alternative dispute resolution movement. The complexity of construction disputes, the need for the dispute resolver to have or acquire expertise in highly technical areas, and the need for rapid resolution of disputes in order to prevent projects from languishing, has led the members of the industry to be willing to experiment with new approaches to preventing their disputes from compromising their product. Through the mid 1980s, the result of these factors was the very substantial commitment of the industry to arbitration as a means of resolving disputes. The inclusion, in each of the forms of the AIA contract of arbitration clauses evidenced as well as supported the need to avoid the litigation process as a primary dispute resolution mechanism.

It is, therefore, not surprising that as the ADR movement has expanded its horizons to include new forms of dispute resolution, that the construction industry has often been in the forefront in experimenting with and adopting these new approaches. Few industries were as quick to adopt mediation, and the development and rapid growth of the partnering concept has again demonstrated the exceptional flexibility that seems characteristic of the industry as a whole.

In this volume, the editors, on behalf of the American Arbitration Association, have drawn together a range of experts in construction and dispute resolution to define the construction dispute scene as it exists today with some brief attention to some of the directions that may appear in the future. The book consists of 28 chapters plus an extensive, though unannotated, bibliography, which provides a very strong overview of the ways in which ADR techniques can help in resolving the wide range of types of disputes that arise in construction work.

The first section of the book consists of six chapters which provide an overview of ADR and the types of disputes that arise in the industry. The emphasis is, not surprisingly, on American Arbitration Association dispute resolution services, but due note is made of other sources that can be used to implement dispute resolution programs. The second section is four chapters describing, in detail, the mediation process. Unlike some of the books in this field which tend to emphasize the role of the mediator, these chapters focus strongly on the practicalities of mediation from the viewpoint of the parties with a chapter on getting to mediation, one on preparation for mediation, and one on the role of the parties in the actual mediation process. These are supported by a chapter on confidentiality in mediation, a matter that is often of serious concern.

The third section of the book looks at the arbitration process. Rather than trying to duplicate the many excellent works in this area, the editors have focused on particular problems in the arbitration process for construction cases. Chapters address discovery, awards, federal government contracting, and some specific tricks and techniques to increase effectiveness in the arbitration proceeding, rather than trying to provide yet another overview of the arbitration process.

The fourth section addresses other forms of ADR. Chapters are included on negotiation, med-arb, mini-trial, private judging, special masters, and dispute review boards. These chapters are relatively brief, considering their subject matter, but the provide adequate introductions to the subjects covered. I would have liked to see more attention paid to dispute review boards and the partnering concept which are becoming central to much construction dispute resolution rather than some of the more exotic forms which are less useful in this area, but the material is clear.

The final three sections address the use of expert witnesses (and peculiarly in this section a chapter on the continuum of dispute resolution methods), drafting of ADR clauses, and chapters on the client perspective on the use of ADR from the viewpoint of an owner, a contractor, and a design professional. A final chapter speaks to the establishment of a corporate ADR program.

Overall the book is a useful contribution to the ADR literature. The selection of coverage is somewhat formulaic, the AAA having published similar works for other industries, but nonetheless of value. The individual chapters are generally well written and clear and benefit from the practical expertise of the authors.

* * *

Kolb, Deborah M. and Associates, When Talk Works: Profiles of Mediators, Jossey-Bass Publishers, 350 Sansome St., San Francisco, CA 94104 (432pp $27.95 1994)

Book review by James B. Boskey

Much of the research that has been done on mediation processes has been basically sociological or psychological in nature, looking at statistical indices of success or at creating theoretical models of the mental processes that are involved in mediation. Kolb and Associates, without expressly acknowledging the fact, take an anthropological approach to mediation, providing detailed descriptive data on the methods of particular mediators from which one may be able to deduce theoretical principles that determine the effectiveness of the process.

The project, which the book reports on, involved the selection of experienced academics who have performed research and written about mediation and related dispute resolution activities and assigning each of them to profile an experienced mediator in the context of his or her work. By observing the mediator at work and discussing the processes used with the mediator, the individual authors provide the substantive factual information from which effective theory can be developed. The approach is thus is less one of theory building than of providing the raw material from which such theory can be developed, although each of the authors, through his or her interpretation of the work of his or her subject, does propose at least one theoretical model for consideration.

Careful selection of the authors makes the book a very readable one. Each of the authors writes clearly and is quite careful about distinguishing between theoretical insight and underlying factual premise. Interest is also maintained through the careful selection of subjects, who reflect a wide range of both substantive interests and mediation styles, and also range from paid professionals working on salary or fee for service through "professional volunteers".

The twelve mediators profiled are divided by the editors into three groups. The first group, "The Professionals", include Frances Butler-who is a court employee performing custody mediation, Patrick Davis-a salaried special education mediator, Howard Bellman-a former labor mediator who has expanded his practice, inter. alia., into the environmental and regulatory area, William Hopgood-a labor mediator, and Patrick Phear-a full-time professional divorce and family mediator.

The second group, described as "Builders of the Field", might equally well be described as institutionalizers. Albie Davis is, in many ways, the wild-eyed radical of community mediation, having built the Massachusetts program into an effective and efficient dispute resolving entity and serving as a guide for others in developing similar programs. Eric Green was one of the founders of the first real private for-profit mediation groups and has focused on the use of mediation in the corporate community, while Larry Susskind, equally radical in a different frame, has specialized in moving complex public disputes to resolution in areas where any form of cooperation between the parties was often believed to be impossible.

The third group is made up of individuals who are not traditionally seen as mediators either by themselves or by those with whom they deal, but who use mediation techniques to address disputing problems of unusual sorts. Juju Atkinson is a magistrate in North Carolina who carefully treads the borderlines between adjudication and mediation to provide a comprehensive dispute resolution service for small claims issues. Jimmy Carter, the former President of the United States, uses a form of moral suasion to address a wide range of international and intercultural issues, drawing on the authority the he developed through the Camp David Accords to monitor and advise on ways of resolving intractable disputes. Linda Colburn, in contrast, served as project manager for a housing project for the homeless in Hawai'i, and uses mediation as one of many techniques for conflict management and conflict reduction, while Joseph Elder, a Quaker mediator of international disputes, operates with essentially no formal authority to draw disputing parties into a resolution dialog.

The lessons to be learned from these profiles are complex. It is clear that there is no one style of mediation nor any one type of dispute that mediation can uniquely address. Rather, what these profiles demonstrate is that the skills of the effective mediator can, and should, be developed and used in such a way as to address the particular type of dispute involved. It also shows that there is no one magical form of mediation. Different mediators can be effective using different techniques so long as they carefully tailor those techniques to the issues they face.

Overall the book is valuable on several levels. In addition to the theory building which forms its base, it also provides a valuable service as an introduction to the methods of dispute resolution and a quasi-history of the way in which the ADR movement has developed. Anyone in the field will benefit substantially from reading and thinking about these profiles.

* * *

Hoffman, Ben, Win-Win Competitiveness Made in Canada, Captus Press, York University Campus, 4700 Keele St., North York, ON M3J 1P3, Canada (113pp $9.95US 1993)

Book review by James B. Boskey

Ben Hoffman is an unabashed Canadian nationalist. Drawing on his extensive experience as a consultant in dispute resolution and consensus building, he believes that the best opportunity for the effective development of Canada rests in the exploitation of one of the prime characteristics of the Canadian character, the desire for consensus in lieu of conflict. In Win-Win Competitiveness, he demonstrates how this desire for concensus can be used to build a stronger economic and political system.

The basic idea of win-win competitiveness is that a cooperative and collaborative negotiation style is an effective means of building stronger institutions and avoiding unnecessary and debilitating conflict. Hoffman feels that most conflict situations can be resolved in such a way as to empower all parties and allow them to maximize their own effectiveness. In this book, which is as much a polemic as a training manual, he reviews a number of conflict situations, some of which were successfully resolved using the consensus approach and some of which failed, leaving the parties worse off than they were before the conflict started.

Most of the examples that Hoffman offers are from public and corporate disputing situations and several are of exceptional interest. He was deeply involved in developing the assisted negotiation that led to an agreement to compensate individuals who had been sexually abused by teachers at a Catholic Monastery School, and he describes the unique negotiation process in that case in some detail. He also discusses many failed negotiations that might well have been appropriately resolved through the use of his methodology.

While this volume is promoted, at least in part, as a training manual in concensus building and related skills, that is, in fact, the weakest portion of the book. The polemics and examples are interesting, but too little time is spent detailing the methods of concensus building and too much demonstrating the failures that result from their absence. Nonetheless, the book is enjoyable reading and raises important questions both from a Canadian and international point of view.

* * *

Haynes, John M., The Fundamentals of Family Mediation, State University of New York Press, State University Plaza, Albany, NY 12246-0001 (245pp $34.50hard/$10.95paper 1994)

Book review by James B. Boskey

John Haynes is widely acknowledged as the father of modern divorce mediation, O.J. Coogler being recognized as its grandfather in that he was the first real promoter of the idea, but his model for such mediation was not broadly adopted, having been replaced by the more free form model that Haynes developed. In this volume Haynes offers, in text form, the training course that he has developed over the years, and which is widely recognized as one of the best if not the best trainings available in this area.

Unlike many trainers, Haynes does not pander to the limitations of his trainees. Both the course, and this text, are dense-containing a great deal of information and a very sophisticated analysis of both mediation process and the dynamics of divorce. While there are occasional charts and lists of concepts, the body of the information is contained in detailed textual presentation of theory and complex examples that require serious analytical thinking on the part of the reader or trainee.

This should not, however, be taken to suggest that the volume is difficult to read. To the contrary, John Haynes is an exceptionally literate writer and the density of information is the result of the seriousness with which he takes his subject and the amount of effort that he believes it is necessary for the reader/trainee to expend in order to be acquire the necessary skills to assist parties to resolve their family disputes. There is no other single work in the field, which if carefully studied, will yield as effective a divorce mediator.

The book is divided into eight chapters. It begins with an analysis of the mediation process in general, demonstrating the basic techniques used by the mediator to achieve concensus and pointing out the many pitfalls that can exist on the route. It assumes good basic listening and analytical skills, and demonstrates how those skills can be applied in the family mediation context. The second chapter examines the intake process, which includes the first session or sessions of the mediation process. It raises the full range of considerations that the mediator should take into account in the early stages of the process, from the formal (ie. the agreement to mediate) through the complex (issues of domestic violence or discovery). Again there is no pandering, and Haynes assumes that the reader/trainee will fully involve him or herself intellectually in understanding and developing the process.

The next three chapters focus on the substantive issues in divorce mediation: the budget and support issues, property division, and future parenting. The basic approach that Haynes uses is generic and not to a great extent dependent on local law, but he mentions, where appropriate, some of the factors, such as taxation questions, that have to be dealt with in this context. Haynes rejects, to my mind correctly, Mnookin and Kornhauser's "shadow of the law" approach to these issues, focusing instead on the real needs of the parties and giving relatively little attention to what a court might do in similar situations. He discusses questions of valuation of property, with good examples of the problems that can be posed by unrealistic perceptions of value and some of the means that can be used to adjust these perceptions.

The final two chapters address the memorandum of understanding and building a divorce mediation practice. These chapters are solidly practical, while again raising a full range of theoretical issues that need to be addressed in order to be effective.

Simply stated, this is a book that every divorce mediator, whether a novice or an experienced practitioner should read and spend substantial time with. John Haynes, with this book, retains his status as the premier practical theorist of divorce mediation, and the ideas that he offers are ones that every practitioner should consider.

* * *

Kottler, Jeffrey, Beyond Blame: A New Way of Resolving Conflicts in Relationships, Jossey-Bass Publishers, 350 Sansome St., San Francisco, CA 94104 (250pp $20 1994)

Book review by James B. Boskey

Kottler's Beyond Blame is not a traditional book about conflict resolution, but rather a psychologist/therapist's guide for individuals in resolving their personal difficulties in dealing with conflict. Everyone has problems in dealing with conflict situations, problems which we resolve in many ways, from running from conflict to inappropriate aggressiveness. Drawing on his therapeutic experience and personal knowledge, Kottler provides a mini-course in self-analysis and treatment to assist the reader in recognizing and understanding his or her reaction to such situations and developing more appropriate means of dealing with them.

Although the book is designed primarily for self-analysis, thus the concept of "beyond blame" suggesting taking responsibility for such situations and ones response to them on oneself rather than projecting it on others, it will also be useful to professional conflict resolvers who will recognize their clients as well as themselves in Kottler's examples, and can benefit from the insights that he offers in developing ways of dealing with those clients. Most importantly, however, it will help the conflict resolver to become comfortable in understanding his or her own reactions in conflict situations and becoming more capable of making certain that those reactions are appropriate.

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Lillich, Richard B. and Brower, Charles N., International Arbitration in the 21st Century: Towards "Judicialization" and Uniformity, Transnational Publishers, 1 Bridge St., Irvington-on-Hudson, NY 10533 (302pp $75 1994)

Book review by James B. Boskey

One of the most important questions in international arbitration today is that of whether such arbitration should develop in such a way as to increasingly resemble the judicial decision making process or whether it should retain and further develop the informalities that are traditionally an important feature of most alternative dispute resolution systems. A related question is the value of uniformity of procedure and practice in such arbitration and whether such uniformity should be encouraged by international agreements. The answer to that question depends, in large part, on the reason that arbitration is used, in preference to litigation in national courts, for such disputes. If the primary reason for the preference for the arbitration forum is that the parties do not trust national courts, especially those of the same nationality as the other party, then judicialization is an appropriate direction. If, in contrast, the appeal of arbitration lies with the relative speed of decision, expertise of the decision makers, and efficiency of process, then judicialization tends to defeat the needs of the parties who submit their disputes to this forum.

Clearly there is no simple answer to this conundrum. Different disputes and different parties see different advantages to the process. The trend towards judicialization and uniformity is clear, but it is important to realize that parties have the opportunity to reverse this trend by rejecting, in their arbitration and commercial agreements, the standards that international agreements and practices would otherwise impose on them. The Twelfth Sokol Colloquium was designed to examine these questions and to attempt to raise, or resolve, some of the questions that it poses. Generally the view of the participants favors judicialization and uniformity, but several raise serious questions as to the extent to which such trends should be encouraged.

The volume offers ten papers discussing various aspects of these concerns. Judge Holtzmann, Professor Bucher, and Arthur Rovine look to the procedural aspects of the arbitration process from three quite different viewpoints. Judge Holtzmann's focus is on balancing certainty and flexibility, but treats the goal of certainty as central and flexibility a merely a desirable secondary factor. Professor Bucher sees court intervention as decreasing in light of the increasing elaboration of arbitration rules, again encouraging certainty as a primary goal, while Mr. Rovine offers a somewhat contrasting view with an examination of "fast-track" arbitration, which leans to the flexibility side of the equation.

The second section of the book examines the question of governing law. Professor Lillich expresses some suspicion of the increasing protection offered foreign investors in economic developments agreements, while Professor Carbonneau sees the judicialization process and its support in national law as compromising the viability of the arbitration process.

The third section examines the review and enforcement of awards and specifically the role of national courts in such review. Professor van den Berg and David Stewart are encouraged by an increasing uniformity of enforcement and annulment procedures under the New York Convention by national courts, while Professor Giardina examines the ICSID system, which largely eliminates the role of national courts, in encouraging such uniformity. Finally, in the fourth section, two special problems are addressed. Dr. Amerasinghe examines a jurisdictional question arising under Article 25(2)(b) of the ICSID convention and Professor Larsen looks at developments in the use of punitive damages in the international arbitration setting.

The questions addressed in this volume are fundamental to the nature of international commercial arbitration, and the authors include many of the intellectual leaders in the field. While it is easily possible to disagree with their conclusions, their presentations make a strong case for the judicialization process, and no one working in the field can afford to ignore the questions raised.

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Keltner, John W. (Sam), The Management of Struggle: Elements of Dispute Resolution through Negotiation, Mediation and Arbitration, Hampton Press, Suite 208, 23 Broadway, Cresskill, NJ 07626 (268pp $22.95 1994)

Book review by James B. Boskey

I am not, as some of my readers would say with good cause, usually critical of the formal layout of the books that I review. Sometimes, however, the publisher of a particular book so seriously fails to take account of the needs of the reader that it is necessary to comment on this fact. Hampton Press has done a serious disservice to John Keltner in printing his Management of Struggle in type that is too small for easy reading and using long lines of type that make it awkward for the eye to follow. For the reader this makes the book a very uncomfortable one to read.

This layout difficulty would be of more importance if this were a book that could be highly recommended, however, the substance of the book is also sufficiently problematic that the reader can avoid this problem by ignoring it. Mr. Keltner's qualifications are such that one would expect the book to provide serious insight. He is a communications scholar who worked at the FMCS (Federal Mediation and Conciliation Service), and with such a background one would expect the book to provide substantial insights into the dispute resolution process. Unfortunately, Mr. Keltner's understanding of dispute resolution is seriously compromised and many questionable statements and misunderstandings limit the books value.

Mr. Keltner does not like the term conflict, as he sees it as carrying too pejorative a context, so he adopts the term struggle as a substitute. Unfortunately his definition of struggle is identical to that of conflict and carries the same pejorative connotation, so that little is gained from the change of terminology. He begins the book by defining a spectrum of struggle, from mild difference through fight or war and suggesting the consequences of each level of conflict. His conclusion as to these consequences is highly suspect. For example, he believes, contrary to the experience of most dispute resolvers, that mediation cannot be effectively used to resolve disputes at any of his three highest conflict stages (campaign, litigation, and fight or war). He also overrates the intractability potential of each of these stages.

He then moves on to the management of the struggle process. He begins with a list of human conditions which can lead to struggle which is so comprehensive that it loses all meaning as it suggests that struggle is the norm for all human beings in all situations. He describes the Myers-Briggs and Kersey-Bates type theories, but overstates the conclusions that can be drawn from such type analysis. He offers broad statements such as "There can be no such thing as a win-win when a win-lose condition, structure or intention exists..." which are simply and patently incorrect, and uses examples that overstate the conflict potential of situations while understating the likelihood of a conflict resolving itself or being resolved by less than extraordinary measures.

The essence of Keltner's understanding of conflict resolution is the manipulation of power. He does believe that there are various ways of obtaining power, but his spectrum of power sources is unduly limited. For example, he notes that "Negotiation cannot be used at all stage of struggle. It is NOT a process that can be used effectively in judicial decision making, in arbitration, or in unilateral decision making." [emphasis in original]. While he has read, or at least cites, much of the modern research on negotiation theory, he either misunderstands or deliberately ignores the conclusions that such research has revealed.

Similar problems compromise his descriptions of the mediation and arbitration process. He clearly understands the formal aspects of the processes, but seems to lack any real understanding of how these processes actually function. His methods of de-escalation of struggle depend on the exercise of pure power and largely ignore the development of common interests and the identification of joint goals.

The appendices to the book are more useful. He provides a series of simulations for negotiation, mediation, and arbitration, and a selection of analysis and personal evaluation instruments. Many of these would be useful if placed in an appropriate context. Overall, however, the book cannot be recommended.

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">Kovach, Kimberlee K., Mediation: Principles and Practice (with Teacher's Manual), West Publishing Co., PO Box 64779, Saint Paul, MN 55164-0779 (~300pp $23 1994)

Book review by James B. Boskey

I generally do not review books until they are fully published, but I have elected to offer a preliminary review of Kim Kovach's new book, Mediation, based on the page proofs of the primary text, because, as only the second book really designed for a law school course in mediation, the first being Rogers and Salem's Student's Guide to Mediation, many of my law teacher subscribers may be interested in adopting it for the fall semester. Kim, as many readers will know is on the faculty at South Texas College of Law and has been teaching in the mediation area for many years. I am assured by both Kim and West Publishing Company that both the book and the teachers manual will be available for the fall semester. I would note that I have not seen the text of the teacher's manual and that there may be some changes in the final text from the materials that I have seen. I should also note that the table of contents for the book that has been circulated to many law teachers by West is misleading as the book is substantially shorter than that would indicate although the subject matter listings are, for the most part accurate.

Kovach combines in this book general information about the mediation process and the ways in which it has been implemented in the United States, with some limited attention to international applications, with materials appropriate for training students in mediation skills both as neutrals and advocates. Much of the support for the skills work will rest in the teacher's manual, so this review is limited in the extent to which it can evaluate that aspect of the book. There is, of course, always the question of to what extent neutral skills can or should be the focus of a law school course in mediation, rather than the factual predicates of mediation, but this is a question that will be determined more by the credit and time allocation made to the course by the school and the inclinations of the professor than by the materials employed.

As one would expect the book has a good deal more "author's text" than the typical case book. Kovach writes well, has thought deeply about, and is fully familiar with the field. Her text is literate and clear and the level of complexity is fully appropriate to the law school classroom. The book begins with an overview of the ADR universe, which is somewhat more brief than I would prefer, but provides a good analytic structure for understanding dispute resolution processes with an emphasis on evaluative rather than adjudicative ones. It then turns to the mediation process with a brief introduction to concept of mediation and historical overview, followed by an outline of the basic stages of the process, noting briefly different views that are abroad in this area.

The book then turns to detailing the mediation process. Kovach introduces the basic skills of mediation, communication, organization, and counselling, followed by a discussion of how parties get to the mediation table. She includes, at this point, an edited version of the DeValk Lincoln Mercury v Ford Motor Company case to demonstrate some of the questions involved in judicial supervision of the mediation process, and discusses questions of timing and mediator selection.

She continues with chapters on preparation for the mediation, the beginning of the mediation process, identification of issues and interests, the negotiation process, and finding a resolution. Interspersed with these are chapters on neutrality and confidentiality. This is followed by two chapters looking at closure processes and the mediated agreement.

The remainder of the book addresses specific issues of concern to the mediation process. Chapters deal with ethics, quality control issues including training, qualification, certification, and liability and immunity issues, specialized applications of mediation, and derivative processes.

Overall this is a very teachable book for an instructor who already has a good understanding of mediation and mediation processes. It could be used either for a classical law school course focused primarily on the nature of mediation and the advocacy role or for a more creative course that combines that approach with training to serve as a neutral. It is not, however, a book that I could recommend to someone just beginning to examine the mediation field. Much of the book assumes substantial substantive and procedural input from the teacher that such an individual would have real difficulty in offering. Given the experience and background, the book provides a valuable alternative to the Rogers and Salem work for the law school classroom.

* * *

Goodman, Allan H., Basic Skills for the New Mediator, Allan H. Goodman, PO Box 2124, Rockville, MD 20847-2124 (56pp $50 1994)

Book review by James B. Boskey

Allan Goodman is an attorney-mediator who was a principal in an ADR consulting firm, but who now serves as a Judge on the General Services Administration Board of Contract Appeals. In this volume he attempts to introduce mediation through a set of 101 questions and answers. The basic concept of leading someone to an understanding of mediation practice through this format is an interesting one, however, Mr. Goodman's limited view of mediation and lack of a clear orientation for the questions and answers posed makes this volume problematical at best.

I must admit that my suspicions were raised as to the amount of thought that had gone into the book when I discovered that the copyright notice was repeated in bold print on the bottom of each page. As an attorney Mr. Goodman should have known that such repetition is unnecessary, or, if he did not know it, he should have done the research needed to find out. While this is only a distraction, it is indicative of the fact that Mr. Goodman should have found himself a good editor to review the text of this work before letting it out to the public.

The questions and answers in the book are classified into eleven groups, based largely on the stage of the mediation process to which they related. The questions and answers are well written and clear, but the author swings back and forth between questions that are appropriate for a mediator to be asking and ones that are appropriate for the client to raise without noticing the difference. In addition, Mr. Goodman has a very limited view of mediation, there is only one way of doing things that is approved by his answer, and often the way that he prefers is one that many mediators would feel was either incorrect or of use in only limited cases.

A few examples of such arguable or incorrect answers should suffice. An early question asks "What is the Goal of Mediation?" The answer provided is that "The goal of mediation is compromise and settlement of the dispute." Stating that as a sole goal does represent one, minority view, of mediation's purpose, but is hardly an appropriate answer to give in a general work on the subject. Similarly in the section on physical setting and general procedure, many of the answers appear to reflect an arbitration processes formality, rather than the flexibility of mediation.

Overall the book then is of very questionable value. I would hesitate seriously before recommending it to either a mediator trainee or a mediation client, fearing that it would provide more misinformation than accurate assistance.

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Intractable Conflict/Constructive Confrontation Program, Conference Proceedings Spring 1993 Conflict Resolution Consortium, Campus Box 327, University of Colorado, Boulder 80309-0327. (164pp $20 1994)

Book review by James B. Boskey

The Conference Proceedings of the Intractable Conflict/ Constructive Confrontation Program at the University of Colorado offers a wide range of papers addressing difficult conflict situations and methods of resolution. All of the presenters are local to the Colorado area and many of the controversies addressed are similarly local, but the analysis and approaches are of general importance.

The first section of the proceedings offers eight papers on diversity conflicts. Five papers address race and gender conflicts in different settings and from different perspectives, while three address the Amendment 2 controversy in Colorado over homosexual rights. The second section offers ten papers on environmental conflicts, ranging from superfund issues through the control on NIMBYs. The third section includes three papers on international conflicts, a theory presentation by Ved Nanda and papers on the middle east and Zimbabwe, while the fourth section examines strategies for conflicting parties with an emphasis, in its five papers on constructive confrontation strategies. The final section offers eight papers on strategies for intervenors, ranging from a dispute system design paper by Chris Moore through a discussion of law-related education as a preventative device, to an examination of the role of the media in reporting on such conflicts.

The papers are generally brief but readable and present interesting perspectives on a wide range of problems.

* * *

Hill, Jonathon, The Law Relating to International Commercial Disputes, Lloyds of London Press, Legal Publishing Division, 27 Swinton St., London WC1X 9NW, England (698pp 95 1994)

Book review by James B. Boskey

Jonathon Hill's The Law Relating to International Commercial Disputes is an extraordinary treatise on the procedural aspects of international commercial transactions from an English viewpoint. Written in clear and elegant language, direct where the point to be made has a direct answer and cautious in setting out alternative viewpoints when the issue is unresolved, and well informed on the complexities of private international law, this is a volume that will grace the shelves of those with appropriate interests.

The book is made up of four sections, three of which-Jurisdiction and Recognition and Enforcement of Judgements, Obligations, and Procedural Matters-are of secondary interest to the readers of this newsletter. The section that is of direct interest is that on arbitration, which makes up 102 pages of the total and provides a valuable overview of the arbitration process and judicial supervision of that process for both international and national arbitrations.

The arbitration section is made up of five chapters. The first introduces the concept of arbitration and discusses, in general terms, the power of the courts in dealing with arbitration questions in both the domestic and international sphere. It also introduces the major international conventions: Geneva, New York, and UNCITRAL. The second chapter deals with the applicable law and jurisdictional issues. It sets out the delocalization theory and contrasts it with the use of national law on various bases that have been approved by the courts. As to jurisdiction it addresses the Brussels and Lugano Conventions as well as the traditional rules on personal jurisdiction.

The third chapter addresses the arbitration agreement, focusing on enforceability under the 1975 Arbitration Act with particular attention to the availability of stays under 1 of that Act. The fourth chapter looks to the appeal process, both under leave of court to the High Court and to the Court of Appeal. It also focuses strongly on exclusion agreements that attempt to bar the right of appeal and the factors that influence their effectiveness. The final chapter examines the enforcement of the arbitral awards. It focuses on the enforcement of foreign awards under the 1975 Act, the 1950 Act and at common law, discussing the conditions for enforcement and refusing enforcement.

While one might question purchasing a volume such as this for only one of the topics covered, if the other topics are also of interest, it will well repay the reader's attention.

* * *

James, Paula Latimer, Marketing and Maintaining a Family Law Mediation Practice (comes with diskette in word perfect 5.1 or word for windows format), Texas Lawyer Press, Suite 1400, 400 South Record, Dallas, TX 75202 ( and disk $49.95 1994)

Book review by James B. Boskey

Paula James, a former family and matrimonial attorney, has found a better way of living-as a full-time family mediator-and, in this book, shares the secrets of the way in which she has established this more comfortable and pleasant career. Like many matrimonial lawyers, she was dissatisfied with the aggravations and stresses of the practice, and, when she was invited to try mediating her first divorce case, realized that she had found a more effective means of assisting couples in accomplishing their goals. She first expanded her litigation practice to include mediation and then, as she found that her mediation practice was "taking off" gradually eliminated most of the litigation (she continues to litigate adoption matters) and became a full-time mediator.

The mediation model that Ms. James follows is not an unusual one. While she will mediate cases that are in active litigation, most of her clients seek her assistance before beginning the litigation process. She strongly advises them to hire consulting counsel, but will mediate without counsel on the insistence of the client. Two practices which she engages in which I do not favor are that she will draft the agreement for the parties rather than having it drafted by the consulting attorneys and she will assist the parties in presenting their case to the court pro se, both activities that I consider marginal, but she explains her reasoning for using this approach in a convincing manner.

The bulk of the book, however, addresses the practical questions of how to establish an effective family mediation practice. Ms. James begins with a description of her marketing efforts, discussing what was and was not effective and suggesting reasons why some routes were more effective than others. She has carefully analyzed the response to her various marketing efforts, and while the results might be different elsewhere, her analysis suggests approaches to evaluating a marketing campaign that are universal. She also provides samples of the advertisements that she has used.

The next section of the book addresses administration and liability concerns. She discusses the original telephone contact and initial mailings, the first physical meeting with the client, and the documents which she uses at each contact stage. She discusses the practicalities of maintaining a practice and briefly mentions issues of liability. I would have liked to see some mention here of the mediator malpractice insurance which is available from several sources, but the basic issues are addressed.

The next section of the book describes the practice itself. She speaks briefly about independent and co-mediation and mental health practitioners as sole mediators. She does not try to teach mediation skills, but rather points out practice issues that may arise using good mediation techniques in each of these situations. She goes on to discuss the role of the consulting attorney, both from the viewpoint of how to serve as such and how, as a mediator, to assist the consulting attorney in being effective. Finally she offers a brief synopsis of some of the ethical issue in the practice, especially focusing on the interface between law and mediation.

The final section of the text looks at preparation for entering a family mediation practice. It addresses training, facilities, staffing issues and concerns about the transition from other forms of practice into specializing in mediation. Extensive appendices provide copies of the forms that Ms. James uses in the practice and lists of resources from the Academy of Family Mediators and the American Bar Association. The accompanying disk offers the forms from the appendix in word perfect 5.1 format.

Overall, this is a useful and enjoyable book. It does not attempt to answer all of the questions that could be raised about opening a family mediation practice, and some of the approaches that are provided are idiosyncratic, either because of Ms. James personality or the fact that she is working in Texas. It is a book, however, that will be useful to anyone thinking of developing their own practice as it will encourage them to attend carefully to all of the elements that they will have to deal with.

* * *

International Alert is one of the most active NGOs (Non-Governmental Organizations) working to encourage international peace and to develop conflict resolution mechanisms around the world. The series of reports, each discussed briefly below, are the result of several meetings and investigations conducted by that organization. All but one of those reviewed below deal with the Caucasus and North Caucuses areas, including Georgia. Those reports result from an invitation to International Alert from the Chairman of the Russian State Committee on Nationalities Affairs to send fact-finding missions to selected areas of actual or potential ethnic conflict.

International Alert, Chechnia: Report of an International Alert Factfinding Mission (52pp 1992)

Annotation by James B. Boskey

Chechnia presents one of the most interesting regions of the former Soviet Union, having been the most effective area which was not previously recognized as a separate state in establishing its independence from Russia. The area is little known in the west, and this report provides solid and useful background information. The report provides a brief history of the region and the Chechen people, interestingly they are neither slavs nor turks, but rather an ancient peoples from the Caucuses region. While Chechnia has never been an independent nation, historically, it presents a clearly distinct ethnic makeup which appears to justify its modern claim to nationhood.

Following the historical background, the report examines the current situation in Chechnia. The elements of statehood appear to be remarkably well established for such a new territory, although the economic situation of the region is very weak. While there are substantial minority ethnic groups in the region, it appears that Chechen officials have actively discouraged ethnic conflict. The Russian population is substantial, although being rapidly reduced by emigration, but there appears to be little pressure on the Russians to leave Chechnia and indeed regret for the rate of departure was expressed by many in the Chechen government. The report, which is designed to provide background for further studies, is generally quite encouraging about developments in Chechnia.

International Alert, Conflict in the North Caucasus and Georgia: Report of an International Alert Meeting (17pp 1993)

Annotation by James B. Boskey

This report provides general background on the situation in Georgia and the North Caucasus region with regard to the inter and intra-state conflicts in that area. Published in February, 1993 it provides a useful status report on the various conflicts (especially those involving Abkhazia and South Ossetia) and the internal problems in Georgia. It points up the failure of the CSCE and other international bodies to gain the confidence of the parties to these conflicts and the need for appropriate and effective intervention.

International Alert, Conflict Resolution Training in the North Caucasus and Georgia: Report of the Piatigorsk Seminar (27pp 1993)

International Alert, Conflict Resolution Training in the North Caucasus and Georgia: Report of the Nalchik Seminar (22pp 1993)

Annotation by James B. Boskey

These two reports describe training programs offered by International Alert during the 1993 calendar year in the Caucuses area. These training programs are designed to assist in the development of conflict resolution skills and to train local government officials, NGO representatives, and others in the skills needed to assist in alleviating conflict situations. A schedule of the training is offered and a summary of the content of the sessions.

Wilson, Andrew, The Crimean Tartars: A Situation Report on the Crimean Tartars for International Alert (38pp 1994)

Annotation by James B. Boskey

The Crimean Tartars are a distinct ethnic group in the Crimean area of the Ukraine. Although a large proportion of that group was deported by Stalin in 1944 to Central Asia, a substantial portion of the community has returned to the Crimea, now part of the Ukraine although formerly part of Russia. This report provides a history of the Crimean Tartars as a people an a look at the current issues facing them. The Crimea is an area of serious concern for peace related institutions as there is a strong tension between Russian and the Ukraine over its control, bolstered by Crimean nationalists who support each state. A real concern is that the Tartars could again be trapped in the gap between stronger political entities fighting over their territory.

International Alert, Intercultural Conflict Resolution Training: Report of the Gernika Meeting (19pp 1993)

Annotation by James B. Boskey

This is a report of a meeting of Intercultural Conflict Resolution Trainers held in the Basque region of Spain in April 1993. Conflict resolution trainers specializing in situations of severe social conflict from around the world met to discuss improving such training and the development of common approaches that are useful in different parts of the globe. The report summarizes the discussions held at the meeting and some of the conclusions that were reached.

International Alert, Preventative Diplomacy: A UN/NGO Partnership in the 1990s (33pp 1993)

Annotation by James B. Boskey

Preventative Diplomacy is a report of a conference cosponsored by International Alert, the National Institute for Research Advancement in Japan, and the United Nations University. The conference, which was convened at UN Headquarters in New York, examined conflict prevention at the diplomatic level including issues such as peacekeeping, the role of UN and other agencies and NGOs in conflict prevention, and related issues. This is an extended executive summary of the presentations at the meeting.

* * *

Fang, Liping, Hipel, Keith W., and Kilgour, D. Marc, Interactive Decision Making: The Graph Model for Conflict Resolution, John Wiley & Sons, 605 Third Ave., New York, NY 10158-0012 (221pp $59.95 1993-includes software)

Book review by James B. Boskey

I have to admit that higher mathematics is not one of my strengths. At one time I knew enough math to deal with most games theory issues, but, as one of my colleagues was unkind enough to point out, that was some 35 years ago and mathematics has advanced while my knowledge has shrunk.

All of this is prolegomena to saying that my ability to intelligently review Fang, Hipel, and Kilgour's book is severely limited. The book applies graph theory to the modeling of conflicts in game theory. As the authors describe it, the use of graph theory substantially increases the sophistication of the modeling that can be used, allowing for the modeling of complex negotiations involving multiple parties and multiple issues, allowing solutions to negotiation problems to be worked out on the basis of merely a preferential ranking of solutions rather than a weighting of those solutions, and permitting the ready determination of whether or not there are stability points where all parties will agree to accept the result of a negotiation.

If the model works as described, it is potentially a very powerful tool for the mathematical analyst of conflict situations and for the conflict resolver. Software, included with the book, allows the user to attempt to evaluate conflicts using the algorithm that the authors have developed, but this is also requires some substantial degree of sophistication on the part of the user.

I will note that the book suffers from a lack of an effective editor. Much of the material in the non-mathematical portions of the work is repetitive, and the authors suffer from the need to repeatedly assure the reader of the brilliance of the concept that they are describing. A good editor could have clarified much of the non-technical material so as to make it more broadly accessible. Admittedly, however, the primary purpose of the book appears to be as a guide for students of games theory mathematics. Each chapter is accompanied by a series of problems which could serve as homework assignments. The text indicates that the authors' purpose was broader, but I suspect that they will find relatively few professional dispute resolvers who are able, or willing, to plod through the text in order to learn to apply their methods.

* * *

Finkin, Matthew, The Legal Future of Employee Representation, ILR Press, School of Industrial and Labor Relations, Cornell University, Ithaca, NY 14853-3901 (264pp $28 1994)

Book review by James B. Boskey

It is the very rare law review symposium that is worth republishing in book form. In this case, however, the republication of this collection of articles from volume 69 of the Chicago-Kent Law Review is justified, both by the importance of the subject matter and the unusually clear writing by the various authors.

There can be little question but that the traditional view of employee representation is being radically changed as the number of unionized employees in the United States is declining and the balance of employment shifts from manufacturing to service industries and competition shifts from local and national to global. The articles is this symposium assume that these changes have arrived and are continuing to accelerate, and ask what the consequences should be of these factors in the manner in which labor-management relations are handled. The answers that they propose are radical, unexpected, creative, and often exciting.

Basically the articles can be grouped into three sections, based on the approach that they recommend. Samuel Estreicher starts the first topic of discussion with a well written and closely reasoned call for the restoration of the company union, not for the purpose set forth in the Joe Hill song that "Company Union sent out a call, join us in the summer we'll forget you in the fall", but rather as a recognition of the need for flexibility at the company level to meet competitive demands. The second approach suggested is Michael Gottesman's of encouraging workers to contract for representative services on an individual or small group basis, to take account of increased workplace fragmentation. The third approach is more generic, basically a call for increased flexibility in representation by Peter Scherer, again looking to labor market fragmentation and the increased use of temporary workers, independent contractors and the like as requiring alternative approaches. Thomas Kohler, however, reminds the reader that there are important functions that need to be served on a collective basis and that the "baby" need not be discarded with the bathwater.

Overall, this is an important and very readable set of essays, dealing with matters that should be of concern to all those working in the labor-management arena. The proposed answers are clearly preliminary, but should accelerate the debate on reform that has been ongoing for several years.

* * *

Fay, John Farrell, Arbitrating Personal Injury Claims, John Wiley, 1 Wiley Drive, Somerset, NJ 08875 (412pp 1992) [7/93]

Book review by James B. Boskey

John Farrell Fay's book on Arbitrating Personal Injury Claims begins with a misrepresentation. It purports to be a treatise of national scope on the arbitration of personal injury claims, but, in fact, its author appears to be familiar only with the arbitration law of California, and, even within California, to have only passing familiarity at best with the any arbitration law other than the provisions for court-annexed arbitration. While he mentions, in passing, the possibility of arbitrating a personal injury matter under California's general arbitration law-or at least it appears that this is what he is referring to in section 1.8-it is clear that he neither understands nor has any interest in that aspect of arbitration. He also assumes that the California way is the only way and, as a result, presents as general principles of law and practice ideas that are unique to California or to one or two states that follow the California approach.

Having said this, the book has substantial potential value for a personal injury practitioner in California. The very innocence of knowledge of other state approaches that makes the arbitration aspects of the volume useless for practitioners in other states may make it valuable for the California practitioner seeking to better understand his or her state's own practice. In addition, it is worth noting that the great bulk of the text (all but chapters 1, 14 & 15 and a brief section of chapter 9) which has nothing to do with arbitration, but is a treatise on how to try a personal injury case, is well written, well thought out and provides ideas on technique which could be helpful to any personal injury practitioner.

In sum then how should we evaluate this book? If Wiley were to withdraw it as a part of its national personal injury library and reissue it as a California title, it could be quite highly recommended. If, alternatively, Wiley excised the very limited material on arbitration and republished the book as a manual on personal injury practice, especially for the novice, it could again be recommended. As it is, unfortunately, the misleading nature of the book's presentation prevents me from recommending it to any audience other than the aforesaid California personal injury practitioner.

* * *

Gruenberg, Gladys (ed.), Arbitration 1992: Improving Arbitral Advocacy and Skills, BNA Books, 1231 25th St. NW, Washington, DC 20037 (454pp $40 1993) [7/93]

Book review by James B. Boskey

Every year Gladys Gruenberg continues to amaze with her superb editing of the Proceedings of the Annual Meeting of the National Academy of Arbitrators. This year's volume, reporting on the 45th meeting of the Academy, continues that tradition of exceptionally professionally presented material, fully indexed, and this year offering a cumulative index for the meetings held during the period from 1988-1992.

The substance of the meeting this year is especially interesting as the Academy is facing what may well prove to be its greatest challenge. As unionization continues to fall off in the private sector and public sector unionization matures (a process which is well underway if not yet complete), the need for labor arbitrators performing their traditional functions has been falling off. Anthony Sincropi, in his presidential address focuses on this fact and the need to develop new avenues for the use of arbitrator skills. He finds encouraging the increasing use of arbitration for the resolution of statutory disputes and the increasing participation of its members in other forms of dispute resolution, but, on the question of the possibility of expanding the role of the Academy to encompass these additional roles, he expresses a fear of "spidrization" and calls instead for a new field of LADR (labor alternative dispute resolution) as a focus.

Marvin Miller, of steel and baseball arbitration fame, almost unintentionally ends up addressing the same issue in his examination of the potential roles of arbitrators as seen in the baseball free agency cases decided by Peter Seitz (especially the Messersmith case). His analysis of the decision making process in this case demonstrates clearly many of the problems with classical labor arbitration and the reasons the reasons that increasing resistance to its use for major substantive issues is declining.

Several authors, notably Stephen Hayford and Ira Jaffe, focus on the increasing number of statutory measures which govern employment relations and the proper role of the arbitrator in dealing with such questions as discrimination (age, race, gender, etc.), ERISA problems, and other issues where the law of the shop is not sufficient guidance or is overridden by legislation. It appears clear that arbitration of issues arising under these statutes is a potential growth area for labor arbitrators, but it is less clear that their traditional approaches will be accepted in resolving such disputes. Frederic Gerr's examination of problems in the arbitration of medical and health issues reinforces this impression strongly.

The other articles, while interesting, are more classical in tone. Erwin Ellman's article attacking the traditional view of functus officio is delightful both for its thesis and its historical insight. Other articles include Christine Ver Ploeg on investigatory due process, William Murphy on advocates role in improving the labor arbitration process, James Wright on hearsay evidence, and a reminiscence by Robben Fleming and Willard Wirtz.

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Fix, Michael and Harter, Philip J., Hard Cases, Vulnerable People: An Analysis of Mediation Programs at the Multi-Door Courthouse of the Superior Court of the District of Columbia, The Urban Institute, P.O. Box 7273, Washington, DC 20044 (187pp $18.50 1992) [7/93]

Book review by James B. Boskey

The Urban Institute, under a grant from the State Justice Institute, has taken a hard look at two of the mediation programs at the Multi-Door Courthouse in Washington, D.C., and, generally, the picture that they have seen is not an attractive one. The Washington Multi-Door Courthouse was one of the original programs funded in response to the vision of the Multi-Door Courthouse that Frank Sander of Harvard presented at the Pound Conference in 1976. His image was, basically, of a centralized evaluation and referral service that would offer the public a range of options for the resolution of their disputes including not only litigation, but a series of alternative dispute resolution mechanisms. Advantages of such a program were seen as reducing the docket pressure on the courts and improving the quality of justice available to actual and potential litigants.

The two programs examined in this report are the domestic relations mediation program and the "civil II" mediation program, which addresses civil cases valued under $200,000. These programs form much of the core of the Multi-Door program in Washington, and, to the extent that they are less than successful, they seriously call into question the value of the entire program. The study consisted, in addition to the development of a history and description of the Multi-Door program, of an extensive survey of participants, parties and attorneys, in these two mediation programs. The overall results of the survey suggest that neither of the programs is more than marginally successful in accomplishing either of their primary goals.

The domestic relations program began as a voluntary mediation program, but dissatisfaction with the slow rate of growth of participation in the program led the court to mandate participation in mediation for many litigants. What began as a program which scheduled mediation sessions in cases where the parties agreed, rapidly became one where "day-of-trial" mediation is imposed on a substantial number of the participants. The analysis of the study results by the authors emphasizes a finding that, according to their attorney respondents, only a small proportion, 2-3%, fewer mediated than non-mediated cases go to trial. (Note, however, that, while the authors deemphasize this, litigants who were surveyed said that there was a more than 50% reduction in the number of mediated cases which were ultimately resolved by a judge. The difference in perception is not fully explained in the text.) They also find, in contrast to the experience elsewhere, that a higher proportion of litigants whose cases were mediated are unhappy with the outcome of their cases and that a higher proportion of mediated cases than non-mediated ones have involved legal action or other disputes at a later stage.

This appears to be a damning indictment of the mediation process, but, as the authors of the study note, the cases that go to mediation are radically different than those that do not. Cases referred to mediation involve a far higher proportion of parties who are very bitter and a higher proportion of minorities and the poor. Thus it appears that the Multi-Door program is providing exactly what many of the critics of mediation feared would occur, second class justice for the disempowered of society, while reserving first class justice for those with money and power. This is clearly a valid criticism of the program, but it does not allow for a meaningful evaluation of the effectiveness of mediation as a process.

An additional factor, which the study fails to address, is the quality of mediation services offered. The day-of-trial program may well have the effect, for many parties, of simply delaying their access to the court. This may be implicitly confirmed by the fact that attorney fees are substantially higher in cases where mediation was attempted than in those where it was not, suggesting that parties in many cases were being charged by their attorneys for waiting while the parties were exposed to ineffective mediation processes. Also no information is provided about the training of the mediators or the mediation models employed. In the domestic relations cases it appears that full divorce mediation is being offered by volunteer mediators, and their lack of success may well reflect poor conditions for mediation and poor or inadequate training for what is generally acknowledged to be one of the most difficult forms of mediation.

On the civil side similar concerns arise. Mediation appears to reduce by 7% the number of cases tried, and the rate of compliance with the mediated result was higher than with court orders. However, there are indications that parties to a mediated agreement may be more likely to have subsequent disputes than those who litigate to a result. This, of course, may be related to the fact that mediation is more likely to be used in situations where there is an ongoing relationship between the parties, but this cannot be determined from the study. Those whose cases did not settle in mediation were far more dissatisfied with the process than litigants whose cases did not settle and had to go to trial. This may well, however, be related to that finding that attorneys generally stated that mediation was more expensive than litigation in these cases and apparently billed clients quite heavily for participation in the mediation process, leaving the client believing, accurately, that the only effect of unsuccessful mediation was to put the client further out of pocket.

The study overall offers a great deal of information and raises some interesting questions. The form of the report, however, is less than ideal. While a brief note, early on, says that all tables are expressed in percentages across rows, in fact some tables are so organized while others are expressed in percentages in columns. It is not always intuitively obvious which approach has been used, and on several occasions I found myself adding the columns and rows to see which direction was being used. There are also a fair number of apparent typing and data entry errors that would have been easily corrected by a careful final reading.

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Johnson, Ralph A., Negotiation Basics: Concepts, Skills, Exercises, Sage Publications, 2455 Teller Rd., Newbury Park, CA 91320 (167pp $14.95 1993) [7/93]

Book review by James B. Boskey

Ralph Johnson's Negotiation Basics is one of the better basic volumes for self-training or group training in negotiation skills. Unlike many such books, it is well written and does not attempt to reduce the negotiation process to a single formula nor adopt a single approach to negotiation. Rather, through a series of well planned and well organized chapters and exercises, it provides a serious introduction to the negotiation process and the types of questions that one involved in the negotiation process should address. The examples selected for discussion cover a wide range of negotiations from the personal through labor/management to political and are clearly and carefully defined to raise the appropriate issues for each stage of discussion.

The book begins by inviting an analysis of negotiation opportunities and goals. The author, usefully, offers guidelines for identifying situations where negotiation will not be effective as well as those where it will, and provides approaches to clarifying the readers own goals as well as those of the other side in a negotiation. Each chapter offers a series of exercises, which are effective thought provoking hypotheticals, and, at the end of the chapter, a proposed approach to dealing with each of them.

The book continues with chapters on finding and using information and making appropriate preliminary decisions on substantive negotiation issues. It then addresses personal style, strategic planning and tactical planning, without falling into the common trap of assuming that a single approach is always the correct one. Closing chapters address representative bargaining in both individual and team bargaining situations, special approaches to break through an impasse, and the use of third party intervenors.

This is a solidly practical book that will greatly repay study by novice negotiators and will offer much of value to more experienced ones. In addition, those involved in negotiation training may wish to adopt some of the approaches offered here as they appear to be likely to be quite effective in such training programs.

Johnson, Ralph A., Negotiation Basics, Sage Publications, P.O. Box 5084, Thousand Oaks, CA 91359-9924 (168pp $32(h) $14.95(p) 1993)

Book review by James B. Boskey

Reviewing the number of negotiation texts that I do, it is always a pleasure to receive one that uses a somewhat different, yet effective approach to the teaching of negotiation skills. Ralph Johnson comes to the teaching of negotiation from the viewpoint of a business academic rather than a lawyer, and, as a result offers a somewhat unusual slant on the teaching of these skills.

Professor Johnson is well aware of all of the various themes that have been developing in the field, but rather than adopting, as most current writers have, some variant on the win-win approach, his approach is more eclectic and gives somewhat greater recognition to both communication theory and alternative negotiation strategies than many of the current books.

The difference can be seen quite clearly in his organization of the book. He begins by examining the process of transforming problems into negotiation opportunities, looking to the redefinition of the nature of the problem presented and the manner in which the problem presents itself. He then proceeds to look at negotiation goals, which includes the concept of the BATNA, but looks beyond that to evaluate the history of the problem and of the parties. Turning to the planning process, Johnson begins by examining the sources of information that are available to the bargainer and ways of utilizing those sources, turning then to making cost/benefit evaluations of the potential results.

The next group of chapters look to the actual negotiation process. It begins by offering techniques to build negotiating power through improvement of credibility and then turns to strategic and tactical planning. The three final chapters address special issues: organizing constituent groups in complex bargaining situations, special impasse breaking strategies, and use of third parties to assist in negotiation.

Each chapter is supported by a series of exercises which provide a basis for either classroom discussion or private consideration. They are well thought out and range from modest simulations to thought games which assist in developing an understanding of and ability to utilize the lessons learned. To show how impressed I am with this book, as I was typing this review, our law school bookstore called to tell me that the text I was planning to use for the negotiation course this semester is no longer in print. I immediately adopted this book as the new text for the course.

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Institute for Victims of Trauma (ed.), Examining the Merits of Conflict Resolution as an Academic Discipline: Its Applications to Everyday Real Life Situations in the Middle East, Institute for Victims of Trauma, 6801 Market Square Drive, McLean, VA 22101 [7/93]

When I first read that the Institute for Victims of Trauma had sponsored a conference on conflict resolution in Egypt, I thought that it was a joke, but I am pleased, and amazed, on reading the proceedings of the conference to find that not only was it a serious endeavor, but one that seems to be part of a remarkably effective program to improve conflict resolution skills and increase their use in the Islamic world.

The conference, which was co-sponsored by the Institute, the World Federation for Mental Health, the Center for Strategic and International Studies, and the World Islamic Association for Mental Health, offers, one of the first serious attempts to examine the islamic predicates for peacemaking and dispute resolution. It included an effective mix of islamic and western scholars, and was introduced by the Grand Mufti of Egypt, one of the most important scholar/leaders of the Islamic world.

The papers presented at the conference include general papers on dispute resolution technique, such as John Attanasio's Some Nuts and Bolts of Dispute Resolution and Selim Annabi's Conflict Resolution and Family Secrets, as well as important papers on specific issues such as Gamal Abou El Azayem's examination of conflicts provoked by extremists in Egypt and Aid Abd El Azim's analysis of The Issue of Revenge. To my mind, however, some of the most interesting and important papers are those that examine the islamic sources for conflict resolution, such as Abdulaziz Sachedina's Can Classical Islamic Legal Theory Become the Source for Conflict Resolution in Modern Times and Douglas Johnston's Islam and Conflict Resolution. Each of the papers is included in the proceedings as well as summaries of the comments of those attending the conference.

For those interested in the implementation of conflict resolution in other cultures or those focused on the middle east, this is a volume well worth their attention.

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Hollier, Fiona, Murray, Kerrie and Cornelius, Helena, Conflict Resolution Trainers' Manual-12 Skills, Conflict Resolution Network, P.O. Box 1016, Chatswood, NSW 2057, Australia (~500pp $A225-air mail to the US $63 surface mail $27 1993) [7/93]

Book review by James B. Boskey

As long time readers of this newsletter may remember, I consider the Cornelius and Faire book on dealing with conflict to be one of the best popular works available. Indeed, the reason I cannot include its name here is that my copy is out on loan to one of my colleagues who was having personal difficulties and has been applying her strictures to his own situation.

The trainers manual for the 12 skills approach is comprehensive and very practical. It begins with two chapters which lay the groundwork for an effective training program: one on the general problems of running conflict resolution courses and a collection of icebreakers and energizers. The chapter on running such courses includes background on experiential learning and the use of the manual, a collection of resources, and, most impressively, a concise but valuable section on ethical considerations in training-a matter that is too often overlooked. The icebreakers are each introduced with context, time and aims information for the trainer and instructions for their use.

The course training materials appear in thirteen chapters, the first dealing with the development of an understanding of conflict and the other twelve each dealing with one of the twelve skills. Each of the chapters is headed with general information for the trainer on the objectives of the training included and the amount of time needed for a session. The session times are broken out into different categories for use in programs of different lengths to allow for adaptation by the trainer to the training situation. Each section offers training approaches, including games or simulations with appropriate time allocations, guidelines for the trainer including even information to list on the easel or chalkboard used in the training. Where appropriate exercises are described and materials to be offered in handout form included. As a convenience for the trainer, a set of masters of all the handouts is included separately with the package.

The twelve basic skills covered are: win-win approach, creative response, empathy, appropriate assertiveness, co-operative power, managing emotions, willingness to resolve, mapping the conflict, designing options, negotiation, mediation, and broadening perspectives. In addition two chapters offer additional skills/applications that are not included in the basic twelve: aikido and bioenergetics. The aikido section focuses on the concept of centering and the bioenergetics section on the use of exercises to release emotional tensions.

This is a superlative training manual. It is designed to be used by a relatively inexperienced trainer, and, for that reason, spells out approaches in great detail. For the experienced trainer, however, the approach is equally valid, and even if the entire program is not adopted, many of the ideas offered will be of real value.

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Landrum, John F., Out of Court: How to Protect Your Business from Litigation, Headwaters Press, 331 Fairway Drive, New Orleans, LA 70124 (159pp $14.95 1992) [3/93]

Book review by James B. Boskey

Every so often a book comes along that seems to be designed to prove that with enough effort in locating a publisher anything that anyone writes can be published. John Landrum, a partner in a Louisiana law firm, had a good idea with this book-publish a guide for businesses, especially small businesses, on how to protect themselves from litigation, but the implementation of the idea is so weak as to make one wonder who, if anyone, would benefit from reading it.

In fairness, there are a few elements of the book which are desirable. It is printed in large type for easy reading (this also appears to be designed to hide the fact that there is remarkably little text), and the grammar and spelling are largely correct. The ideas offered, however, are so simplistic as to make these technical features the most valuable ones.

The book is divided into four sections. The first relates to the avoidance of litigation. The principles set forth can best be summarized as "do good and avoid evil", not a bad prescription for life, but hardly one that provides useful guidance to the reader. After a lead chapter which recommends obeying the law, the following chapters suggest answering phone calls from people who complain about your products and do not do business with people who like to sue other people. The final chapter of this section provides a few ideas as to clauses that shift the burden in particular situations from one party to another, but many of the recommended clauses are not ones that are likely to be acceptable to another negotiating party and are likely to be dealt with, if acceptable, between the party's lawyers rather than directly by the parties.

The second section of the book addresses the employment of business lawyers to represent a business. Issues addressed include the selection of an appropriate lawyer, fees, an a few clues about reading opinion letters (mostly noting that opinion letters are not a guarantee of their contents). The third section, titled "Damage Control" provides an encouragement to settle rather than litigate and them provides some basic misinformation about alternative dispute resolution devices (including confusing arbitration and mediation).

The final section deals with litigation. The basic conclusion, surprise-surprise, is that litigation is expensive and to be avoided at most costs. Most of the information focuses on attorney fees, and while generally accurate in detail, its recommendations are ones that will often be difficult or impossible for the individual business owner to implement.

In conclusion, this is not a book which can be recommended. There is still room for a good book on the subject of litigation avoidance, but in this case the recommendation is burn the book before reading.

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Lowenfeld, Andreas, International Litigation and Arbitration, West Publishing Co., 610 Opperman Drive, P.O. Box 64526, Saint Paul, MN 55164-0526 (867pp 1992) [3/93]

Lowenfeld, Andreas, International Litigation and Arbitration: Selected Treaties, Statutes and Rules, West Publishing Co., 610 Opperman Drive, P.O. Box 64526, Saint Paul, MN 55164-0526 (277pp 1992) [3/93]

Book review by James B. Boskey

Andreas Lowenfeld's new casebook on International Litigation and Arbitration is designed to introduce law students to the issues that are common to private dispute resolution in the international arena. It addresses a range of procedural issues that are likely to confront an attorney in representing a party to a trans-national transaction when enforcement through judicial or quasi-judicial means is sought.

Most of the book is focused on general procedural issues including conflict of laws, jurisdiction, enforcement of judgements and discovery, while two chapters address respectively the Act of State Doctrine and other issues that arise in bringing claims against foreign states in domestic courts (primarily sovereign immunity). While many of these issues will be relevant in international arbitral proceedings, the primary focus of the book is on judicial responses to these issues.

One chapter, number 4, addresses specifically the arbitration of international disputes. This chapter includes a section on forum selection clauses (primarily four cases including Mitsubishi v Soler and Scherk v Alberto-Culver), a brief primer on the nature of international commercial arbitration, and a section on the United Nations Convention on Recognition and Enforcement of Arbitral Awards. The chapter is well constructed, though limited in its coverage and focus, but could serve to provide a brief overview of some of the special questions that are raised by international as opposed to domestic arbitration.

In summary, however, though this book may be appropriate for use by teachers of private international law, it is too limited in its coverage of international arbitral issues to be of much use to those focusing on dispute resolution subjects. The supplement includes a good deal more documentary material on the subject, including sets of arbitration rules from the AAA, the ICC, the London Court of International Arbitration, and UNCITRAL, as well as selected arbitration laws and treaty language.

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Kriesberg, Louis, International Conflict Resolution:The US-USSR and Middle East Cases, Yale University Press, 302 Temple St., New Haven, CT 06520 (275pp $35 1992) [11/92]

Book review by James B. Boskey

Louis Kriesberg of the Maxwell School at Syracuse University is one of the preeminent scholars applying conflict resolution theory in the arena of international peacemaking. In this volume he addresses the process of the deescalation of conflict in the international arena, examining the relations between the United States and the Soviet Union and the Middle Eastern conflict as models for the actual and potential application of the deescalation process. In a final chapter he applies the theoretical insights that he has offered to the Persian Gulf situation that led to the war with Iraq.

Kriesberg's starting point is a comparison between the traditional international relations approaches to deescalation and the conflict resolution perspective. He divides the traditional approaches into three schools: statism, populism, and pluralism and then critiques each of these as providing a less than satisfactory descriptive and analytical basis for attacking these questions. The conflict resolution perspective, which he prefers, is seen as providing both a more accurate descriptive focus and more useful analytical one for the understanding of why certain conflicts deescalate at particular points in time and in particular ways.

The analysis offered takes each of the conflicts discussed through three stages: taking initiatives, starting negotiations, and the accomplishment of agreement. Each stage is covered both descriptively and analytically. From this analysis Kriesberg focuses attention on the costs of conflict (social, economic and human) and the fact that resolution of conflict is rarely final, but is rather a stage in a continuing relationship between adversary parties. In constructing a strategy for deescalation of a conflict, Kriesberg focuses attention on the issues, parties, and inducements which can be involved, and having done that uses the answers derived or suggested to develop an appropriate strategic approach to the development of reasonably sustainable agreements.

The book is clearly written and both the factual information and theoretic perspective are accessible and valuable. One complaint would, however, be that the book is set in an unusually small type which will bother most readers.

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Hawkins, Leo, Hudson, Michael and Cornall, Robert, The Legal Negotiator: A Handbook for Managing Negotiations More Effectively, Longman Professional, c/o Longman Cheshire, 95 Coventry St., South Melbourne, Victoria, Australia (166pp $A38 1991) [11/92]

Book review by James B. Boskey

Amongst the increasing number of handbooks or manuals on negotiation for lawyers, most of them, being written by academics, are designed for use in the law school classroom and, while usable in training for the experienced practitioner, are not really designed with that reader in mind. Hawkins, et. al., have, however, focused their work specifically for use by the practitioner, and, while it would best be used in conjunction with the training programs that they offer through their Effective Negotiation Services consulting group in Australia, it could also be used as by an attorney seeking to improve his or her negotiation skills as an introduction to the issues to be considered and to derive some relatively basic ideas for such improvement.

The book is designed for easy reading and the techniques discussed are described in relatively simple and straightforward terms. Extensive use is made of lists and checkoff questionnaires to maintain accessibility of the material and the interest of the reader, and the running text is usually brief and to the point. Although the authors are all Australian, the techniques described are generic and little attention is paid to ethical standards and other matters which are likely to vary substantially amongst english speaking countries.

A major, and useful, focus of the book is on the question of timing in negotiation, both from a strategic and tactical viewpoint. After a first section setting out a range of process issues in negotiation, the book offers sections on preparation for negotiation, a simplified section repeating this discussion in a chart format, and a section on special negotiation skills. Unfortunately the effort to make the book easy to use leads the authors often to provide less information on various topics than I, at least, feel is appropriate. My most serious concern with the book is that while it fully recognizes that attorneys spend substantial time in negotiating with clients and covers those issues well, it is less effective in dealing with the responsibilities of the attorney in the representative role on behalf of their clients.

Overall, however, this is a solid, workmanlike training manual. It would not be a first choice as too many topics are given relatively superficial coverage, but it is a manual that the reader can easily enjoy learning from. As a first volume to sensitize the experienced attorney to the need to improve his or her negotiation skills and to suggest some approaches to such improvement, it is quite adequate. The brief bibliography of further readings is especially well selected.

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Holmes, George and Glaser, Stan, Business-to-Business Negotiation, Butterworth-Heinemann, Linacre House, Jordan Hill, Oxford OX2 8DP, England (190pp 14-95 1991) [11/92]

Book review by James B. Boskey

Holmes and Glaser are also Australian and have also written a book on how to negotiate, but except for these superficial similarities the books are quite different. Business-to-Business Negotiation is a strongly focused book, looking specifically at negotiations between purchasers and sellers, whether of goods or other more complex subject matters, and the authors, who are on the faculty of the School of Marketing of the University of New South Wales and regular consultants on negotiation to major corporations, offer a unique combination of an academic and practical perspective towards such negotiation founded on a serious research base but written in dense but highly accessible language.

Somewhat unusually, the authors present a fully balanced approach to buy-sell negotiations rather than examining them largely from either the side of the seller or buyer. Their involvement which such negotiations has led them to identify clearly the most important factors in negotiation success, and their academic orientation has enabled them to both identify and quantify these factors with remarkable clarity. The balance of their approach is most visible in their clear discussion of what constitutes success in a negotiation setting, where they avoid the common simplistic approach of merely saying that whatever satisfies a party counts as success while not ignoring the importance of actually negotiating to closure. Rather than presenting rules for the negotiator they are careful to focus on guidelines and to note that circumstances can alter cases so as to make strict adherence to those guidelines inappropriate in particular situations.

While there is little that is absolutely novel in the authors descriptions of negotiation preparation and strategies, this is one of the most sophisticated analyses of the applications of these strategies that I have read. As one example, their brief chapter on the use of tenders to receive bids provides one of the clearest statements of the strengths and weaknesses of the tender process and the circumstances in which its use is appropriate and inappropriate that is available in such a brief form.

Fundamentally, I would suggest that this book is a model of how negotiation might best be taught. By focusing on a specific category of negotiations the authors avoid the need to "cover the map" while allowing them to offer more depth in dealing with the particular problems that this type of negotiation presents.

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Foster, Dean Allen, Bargaining Across Borders, McGraw-Hill, 1221 Avenue of the Americas, New York, NY 10020 (326pp $24.95 1991) [11/92]

Book review by James B. Boskey

Negotiation with individuals from a different culture than one's own presents special hazards, and occasional opportunities, that are less likely to occur in negotiations amongst people of similar backgrounds. Most of the books that have addresses this area have been in the nature of tip books, which look at the cultural features of negotiation in particular societies and advise the non-national of patent errors that are apt to be made in dealing with negotiators from that other culture. That approach has a value, but it is limited as nobody can learn all of the features of another society, and attempts to act as if a member of a different culture are more likely to make the negotiator's conduct seem a parody rather than an exemplar of that society's proper conduct.

Dean Allen Foster, a member of the faculty of the Department of Sociology at the College of New Rochelle and a trainer and consultant in cross-cultural communications and negotiations takes a radically different, and, seemingly more effective approach to such negotiations. Without ignoring the importance of understanding the cultural characteristics of the other party to cross-cultural negotiations, he focuses on what he calls "empathic understanding" as a manner of adapting to such situations.

Empathic understanding rests fundamentally on the development, by the negotiator, of an understanding of the cultural influences on his or he own negotiation style and practices. Once an individual understands that his or her own manner of negotiating is not necessarily the only proper way, he or she can begin to understand the techniques used by others to obtain their own goals. As Foster points out consistently throughout this book, misunderstandings will happen, but careful attempts to understand the approach of the other will usually allow such understandings to be corrected without harming the underlying negotiation process.

Foster focuses on four characteristics of Americans as negotiators which often raise problems in a cross-cultural setting. These are individualism, the sense of time, egalitarianism, and the tendency to treat individual relationships as irrelevant to the negotiation process and to see the process as independent of the participants. In each area he addresses the characteristics of the American negotiator and provides an understanding of how these characteristics may be perceived by a negotiator from another culture. While he is insistent on the need for the negotiator to "to his own self be true", he demonstrates clearly how it is possible for the negotiator, without surrendering his or her own culture, to adapt his or her negotiating style to accomplish the goals of the negotiation.

The five step approach that Foster advocates avoids the cookbook approach that is often offered in negotiation books addressing international negotiations. He calls upon the negotiator to work to recognize differences, retrace-try to find parallel situations in one's own life where similar differences arose, reclaim that situation and how it was dealt with, reframe the approach being used to take advantage of that knowledge, and then resurface prepared to use the analysis just completed in an effective way.

The book is well written and provides as useful an approach as I have seen to negotiation in the cross-cultural sphere. While Foster's focus is on international negotiations, the same techniques and thought patterns can be effectively used in cross-cultural negotiations within the United States as well.

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Leimdorfer, Tom, Once Upon a Conflict: A Fairytale Manual of Conflict Resolution for All Ages, Quaker Peace and Service, Friends Book Center, Friends House, Euston Road, London NW1 2BJ, England (35pp $4 surface $6.50 air mail-check payable to London Yearly Meeting 1992) [3/93]

Book review by James B. Boskey

Once Upon a Conflict provides a series of delightful conflict resolution exercises (simulations) for use, primarily, with young children. The exercises are based on familiar fairy tales: Big Grey and Little Red (Red Riding Hood), Goldie and the Browns (Goldielocks and the three bears), Hansel and the Elderly Widow (Hansel and Gretel), Three Little Pigs, Cindy and the Ball (guess who) and The Ugly Duckling. Each of them offers roles for the leading characters and, usually, a mediator but updates the stories from a fairy tale to a realistic modern scene. For example Goldie and the Browns eliminates the Bears and has Goldie as a runaway falling asleep in a strange home. Brief introductions to problem solving and mediation are included as are suggestions for organizing a conflict resolution workshop. The simulations are delightful and as good as any that I have seen for working with younger children.

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Lampen, John, The Peace Kit: Everyday Peace-Making for Young People, Quaker Peace and Service, Friends Book Center, Friends House, Euston Road, London NW1 2BJ, England (64pp $8 surface $10.50 air mail-check payable to London Yearly Meeting 1992) [3/93]

Book review by James B. Boskey

The Peace Kit is a book for children (probably in the 8-12 age range) on peace-making and conflict avoidance. In relatively simple language it discusses common problems for children, such as dealing with bullies, family disputes, and other day-to-day issues that they may face. The book is profusely illustrated and offers an easy introduction to basic skills needed to alleviate conflict related stress. This could be a useful book to use in a school workshop on conflict issues or could easily be used with a particular child or group of children who are having difficulties in dealing with their peers.

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Hart, Lois B., Faultless Facilitation: An Instructor's Manual for Facilitation Training, HRD Press, 22 Amherst Road, Amherst, MA 01002 (150pp $99.95-available with below volume for $129.95 1992) [3/93]

Hart, Lois B., Faultless Facilitation: A Resource Guide for Group and Team Leaders, HRD Press, 22 Amherst Road, Amherst, MA 01002 ($49.95-available with above volume for $129.95) [3/93]

Book review by James B. Boskey

Facilitation is one of the least recognized techniques of conflict resolution, probably, at least in part, because it is used for a wide range of purposes only a few of which are obviously related to resolving disputes. Nonetheless, facilitation can form an important string for the dispute resolvers bow, whether used as a technique for laying the groundwork for complex mediations or mini-trials or as an independent approach to assist in dealing with a particular problem. Anyone who has ever watched a master facilitator at work with a contentious group (faculty meetings-with that pearl beyond price, an Dean who is an effective facilitator-may come to mind) will recognize that effective facilitation allows controversial issues to be resolved in ways that can both empower the participants and allow for the effective communication of ideas on difficult settings.

Lois Hart is a professional trainer and facilitator, and her new books look at facilitation broadly rather than specifically in a dispute resolution context, but this does not reduce their value for the dispute resolver. The breadth of the author's knowledge and her skill at presenting it make these volumes much more than the mere training manual and manual for training trainers that they appears to be at first glance. Drawing on a knowledge base that includes group dynamics and the psychology of individuals in groups as well as a clear understanding of the needs of different types of groups and participants, she offers options and approaches that can be used in a wide range of situations.

In the Resource Guide, after an introduction to the nature of facilitation, Hart discusses some of the roles that can be used to fill out an effective facilitation team, either with trained aides or using the skills of group members. She then focuses on establishing and honoring the nature and purpose of the group and some of the problems that can exist in dealing with both willing and unwilling group members. She speaks to the administrative issues that may arise in facilitating groups, including such questions as site evaluation, room arrangements, and the like and then addresses some "warm-up" techniques for building a group into an effective team. Her emphasis at this point in the book on team building may appear applicable than some of the other material to some dispute resolution situations, but the techniques described may be used to assist the parties to coalesce effectively separately as well as as a single unit.

Most of the remainder of the Guide addresses the implementation of facilitation, from the viewpoint of the skills used by the facilitator, the goals sought to be achieved by the group and the manner of implementing them, and the proper use of various visual aids to assist in the process. Finally, she addresses the responsibilities of the facilitator in assisting in the development of a final presentation of the conclusions of the group and the process of evaluation.

The Instructor's Manual provides all of the information needed to implement the training program offered in the Resource Guide. It begins with an overview dealing with issues of design of the training program, participant selection and assessment, equipment, supplies, and arrangement of the training room, and the evaluation process. This is followed by training designs for one through five day training programs, special activities issues for the trainer, and a detailing of the trainer's role in each of the lessons to be used in the workshop. Appendices offer a bibliography and the handouts to be used with each of the lessons.

If I sound unusually enthusiastic about these volume, it is a reflection of reality. I have used and observed the effective use of facilitation as a dispute resolution technique many times, but have lacked a theoretical understanding of the process. While this is not a book of theory, it has answered many of the questions that I would have posed and opened up others that I think are worthy of serious consideration.

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Fine, Nic and Macbeth, Fiona, Fireworks: Creative Approaches to Conflict: Materials for use with young people, National Youth Agency, 17-23 Albion St., Leicester LE1 6GD, England (7-95) [3/93]

Book review by James B. Boskey

Fireworks is a set of materials that have been developed by two experienced youth workers to employ drama and theater skills in assisting teenagers to understand and work with conflict. It offers a series of exercises that have been carefully developed and refined that allow participating youth to separate themselves initially from their own situations by acting out situations involving a trio of designed characters and then to use the ideas that they have developed in this process to analyze their own life situations.

The exercises offered center around three characters, Max, an angry young man from a single parent family with an alcoholic mother who is seeking to make a success of his life, his younger sister, Nita, who has responded to the family situation by using drugs and isolating herself from those around her, and Yvonne, a passive young lady who is Nita's only friend and Max's, occasionally abused, girl friend. The exercises have the participants play the role of each of the characters in different settings, analyze both the characters' motivation and their own in responding to similar situations, and learn, from the experience, to deal with the conflict in their own lives while recognizing the needs and perceptions of others.

The exercises are very carefully refined and sequenced to allow the participants to gradually develop both an increasing level of understanding of the characters and of their own motivations. Each set of exercises contains six situations or simulations and a set of information sheets (called Spark Sheets) which provide the basic information needed about the characters and their situation. The first introduces the characters and explores their different perceptions of their situation, the second through fifth each focuses on one of the characters, and the final one looks to the likely future that each of the characters faces.

The overall program offered is one that can be used very effectively with teens from disadvantaged or difficult family backgrounds. Each exercise provides the trainer with the information needed to set the scene and work with the participants to develop their own understanding of conflict and the process that they use to deal with it. The program could be implemented as a series of efforts over several weeks or months or as a weekend program providing an intensive learning experience for the participants.

While the program was developed in England for use with English youth, the material is sufficiently generalized that it would work well with urban youth in other nations as well. Occasional terms might have to be translated (ie. Nita's description of Yvonne as "her best mate" might not be understood by an American teen as meaning best friend, but except for such minor adaptations, the program offers important skills and self-understanding training.

* * *

Fine, Nic and Macbeth, Fiona, Playing with Fire: Training for the Creative Use of Conflict, National Youth Agency, 17-23 Albion St., Leicester LE1 6GD, England (174pp price not stated 1992) [3/93]

Book review by James B. Boskey

Playing with Fire is a manual for trainers of youth work professionals and volunteers to allow them to effectively implement a curriculum for teens on understanding and dealing with conflict. Written by the same authors as Fireworks, reviewed above, it prepares the worker for the implementation of the program offered in that volume to train youth in understanding and using the conflict in their lives as a means of self-empowerment and to offer respect to other individuals views of a situation.

The basic course presented by the manual is designed to be used in a 60 hour training program and includes also introduction and "training for trainers" sections which are not a part of the basic course but are intended to be read as an introduction to the program as a whole and which provide information on the nature of the training program and practical clues as to how to structure the program. Each of the eight sections of the basic course focuses on a different aspect of conflict and identifies the skills and techniques that can be used in addressing it.

The first six sections use the analogy of a fire to address the manner in which conflict arises and develops and ways of responding to conflict at each of these stages. Starting with "fuel"-the idea that wherever people are in conflict there is the potential for conflict, it moves through "the spark"-causes of conflict, "smouldering"-brooding over the problem, "fanning the flames"-factors that aggravate conflict, "stoking the fire"-escalation, and "the blaze"-the effects of conflict. The final two sections introduce mediation and social change as means of dealing with the results of conflict.

The basic technique that is presented in the training is the use of role plays to explore issues and provide the trainees, and eventually those who they will train, exposure to the underlying issues of concern. This approach is supplemented by a variety of other techniques that assist in developing the underlying concepts.

Each session is broken out clearly with an introduction for the trainer setting out the overall time for each exercise and a statement of the goals to be accomplished. Each exercise is then presented separately with an overall description, a statement of aims, detailed directions (with a statement of the time to be allotted to each portion of the exercise), a provision for feedback and discussion, and notes as to problems that may arise or ideas that may be helpful. The careful structuring makes it one of the best thought out training programs available.

Overall, clearly a useful program for training trainers to work with adolescents, but also potentially useful for dealing with trainers for adults as well.

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Hauksen, Terje C., Peacemaking: The Quiet Power: Conflict Resolution for Churches through Mediation, CPI Publishing, 138 East Main St., Box 678, West Concord, MN 55985 (181pp $11.95-study guide for group study $4.95 1992) [3/93]

Book review by James B. Boskey

One of the characteristics of an effective religious leader is that he or she is a good storyteller, and Pastor Hauksen, the author of Peacemaking, qualifies in the best way. Taking an in depth understanding of the various forms that conflict can arise in a religious congregation, he uses stories about such conflict as a means of introducing mediation as a way to strengthen the church that is not only consistent with, but arguably mandated by biblical authority.

Hauksen focuses on conflict between a congregation and its leader(s) and on conflict between the leaders of the congregation. Examples offered include different viewpoints on the way in which a particular church should develop, a pastor who has sexually assaulted a child of the congregation, and an overly dictatorial pastor who has difficulty working with other congregational leaders. He suggests the usefulness of mediation as a means of dealing with such conflicts, and provides both scriptural and practical reasons why these approaches can often be effective.

While the author provides a brief description of the mediation process, this is not a book designed to teach mediation skills, but rather to suggest the use of mediation in a particular setting. It accomplishes this goal wisely and well, providing sufficient information about the mediation process to attract the reader to its use, while emphasizing the importance of having a trained individual conduct the mediation. While the examples chosen are all drawn from Lutheran congregations, the principles stated are of much broader applicability and the examples are ones that could arise in any congregation regardless of religious affiliation. This would be a useful book to present to any religious leader, christian or non-christian to assist him or her in learning about a valuable tool to improve the ministry.

* * *

Lickson, Charles P., Ironing It Out: Seven Simple Steps to Resolving Conflict, Mediate-Tech, Suite 150, 310 E. Main St., Charlottesville, VA 22902 (124pp $12.95 spiral bound $9.95 paper 1992) [3/93]

Book review by James B. Boskey

Charles Lickson of Mediate-Tech might well describe himself as a former trial lawyer who has seen the light. The light in question is not, of course, that there is not role for trial lawyers, but that, with a an appropriate understanding of conflict and means to resolve it, many conflicts simply are more effectively handled between the parties directly rather than through surrogate champions.

In Ironing It Out which serves as a manual for the conflict management training courses which he offers, but, somewhat unusually for such manuals, is written in a form which makes it reasonably accessible without the accompanying training, Lickson begins by addressing individual responses to conflict. He focuses on the capacity of the individual to avoid his or her usual automatic response to conflict, which is largely determined by personality, and instead to assess conflict situations rationally and plan effective responses to the particular situation. While occasionally getting a bit "cutesy" for my taste, his discussion of "centering" for example and some other points strike me as excessively new age, his basic formulas are simple and clearly stated.

His Ironing It Out process is a fairly straightforward approach to the analysis of conflict. He uses seven steps, such as "remove all masks", "give up a 'must win' attitude", etc. and supports each with an appropriate exercise to focus the reader on issue involved. Essentially the approach is yet another variant on the principled negotiation ideas of Fisher and Ury, but it is nicely packaged and readily usable.

The third section of the book focuses on making the process work, describing different settings in which conflict can arise that may make the ironing it out process useful. The primary focuses are on family, workplace, and public disputes and provide appropriate descriptions of the kind of disputes that can arise with brief case studies that raise suitable questions. A final section offers checklists and forms that may be of use, including requests to negotiate, agreements to mediate, sample company dispute resolution policy and several conflict exercises designed for young people. Also included is a resource section listing some of the major organizations in the field and selected readings.

* * *

Institute for Water Resources, Alternative Dispute Resolution Series, pamphlets, case studies, and working papers, Institute for Water Resources, Casey Building, Fort Belvoir, VA 22060.

Review by James B. Boskey

The Army Corps of Engineers has been one of the most aggressive users of alternative dispute resolution amongst federal agencies. In order to encourage its staff to use these techniques and to be sure that they understand the advantages offered, they have published a series of pamphlet sized publications which provide useful information on the use of ADR.

The pamphlet series consists of four booklets, averaging about 20 pages, each of which introduces a particular ADR mechanism: mini-trial, non-binding arbitration, mediation, and partnering. Each pamphlet introduces the particular technique, provides examples of its use by the Corps, and offers ideas on how to implement the approach in a particular case, with particular attention to the question of how to lead the other side to agree to adopt it.

The working papers offer broader, and usually less structured, information about the implementation of ADR. Three of them are relatively brief, providing a report on a round table on ADR conducted by the Corps in its South Atlantic Division, one discussing the role of public involvement in environmental decision making, and the third looking at the concept of the environmental engineer. Working Paper #3, however, Getting to the Table, is a more extended manual on how to implement a collective and co-joint decision making process.

The case studies, of which there are nine published to date, are examinations of particular uses of ADR by the corps written by outside ADR specialists. All but one were prepared by or under the supervision of Larry Susskind, through Endispute, and the other was prepared by Chris Moore of CDR Associates. The studies are quite brief, basically setting out the nature of the dispute, the parties positions, the type of ADR used, its effect, and a brief evaluation. Some of these studies could well be used as teaching tools to suggest approaches to the implementation of ADR processes.

Overall this is a valuable series which I am sorry not to have seen before. I hope to stay abreast of further publications by the Corps as this is a useful example of government's active involvement with ADR processes.

* * *

Hall, Lavinia, Negotiation: Strategies for Mutual Gain, Sage Publications, Inc., P.O. Box 5084, Newbury Park, CA 91359-9924 (212pp $39.95(c) $19.95(p) 1993) [3/93]

Book review by James B. Boskey

Lavinia Hall, who was until recently the director of curriculum for the Harvard Negotiation project, developed the course that is regularly offered at Radcliffe for graduate students and professionals on negotiation. This book offers much of the essence of that course through a series of essays by the people who lectured in the course on the subjects covered in their lectures.

The course itself focuses on the negotiation process rather than substantive negotiation practice and is heavily oriented towards the development of a theoretical understanding of negotiation. Being located in Cambridge it was able to draw on many of the premier negotiation theorists available, and, as a result, the essays are consistently both challenging and well written. For those who are interested in using the course as a model, Ms. Hall provides a sample curriculum for the entire course, a bibliography, and information about obtaining Harvard Clearinghouse materials as appendices.

The first section of the book sets frameworks for implementing effective negotiation. Fisher, Ury and Patton look at negotiation power from a principled negotiation standpoint, Howard Raiffa offers in his usual superlative style an analysis of the role of the neutral analyst, and David Strauss looks at facilitated collaborative problem solving. The second set of articles look at settings for conflict resolution through negotiation with Frank Sander on the courthouse, Robert McKersie and Charles Heckscher on labor disputes, and Mary Rowe on workplace conflict resolution. Finally the third section looks at the individual negotiator and internal controls on negotiation effectiveness with Jeffrey Rubin examining psychological processes, Deborah Kolb recapping her work on gender and negotiation, and Gerry Williams looking at issues of negotiation style.

It is difficult to conceive of a stronger group of authors, and anyone teaching in the area of negotiation or interested in introducing a newcomer to the areas of intellectual and practical interest will find this book to offer much, if not all, of what they need. It is not a volume for the sophisticated scholar who will have read what each of these authors has written in fuller expositions, but for the beginner it would be difficult to find a better place to start.

* * *

Insurance Settlement Handbook, James Publishing, P.O. Box 25202, Santa Ana, CA 92799 (~550pp $89.96 1990) [3/93]

Book review by James B. Boskey

James Publishing Group specializes in publications about the settlement process in the insurance industry with a focus on claim evaluation and negotiation. This volume, with each of the 32 chapters written by an experienced attorney, adjuster, consultant, or doctor, provides a detailed overview of the insurance claim settlement process with extensive "hints" of ways for plaintiff's counsel to improve his or her effectiveness in negotiating the settlement of claims.

The coverage begins with an examination of the claims handling process, providing information on the way in which claims are dealt with administratively by insurance companies and the way they value claims. This is followed by a section on evaluation of coverage and how to respond to a denial of coverage. This is followed by a series of chapters on the documentation of claims.

The second section of the book looks at the negotiation process. Chapters examine the peculiarities of negotiation with insurance companies including the establishment of bad faith in the negotiation as a potential claim. Additional efforts look at efficient settlement-the attorney's evaluation of settlement offers, structured settlements, and solution to common settlement problems. A final section looks at specific types of claims: soft tissue, medical malpractice, and auto accident cases.

This is a highly practical book. The individual chapters are well written and realistic in their approach to issues and techniques. The book could well be recommended to either a new or experienced practitioner as it offers creative solutions that either might not be aware of.

* * *

Keilitz, Susan L, Daley, Henry W.K., and Hanson, Roger A., Multi-State Assessment of Divorce Mediation and Traditional Court Processing, National Center for State Courts, 300 Newport Ave., Williamsburg, VA 23187-8798 (102pp price not stated 1992) [3/93]

Book review by James B. Boskey

Despite a title which fails to reflect in several ways the nature of its study, the National Center for State Courts (NCSC) study of "divorce" mediation offers substantial information and a broader comparative base than most, if not all, other studies in the field.

It should be noted that this is not a study, as its title would suggest, of divorce mediation. Rather, it examines one specific subtype of divorce mediation, court-annexed custody/visitation mediation, and compares this subtype with litigation over the same issues. It does not, as divorce mediation does, deal with mediation of financial and property issues, nor does it consider any of the range of collateral issues which may be touched on in either comprehensive divorce mediation or litigation. Within these limitations, however, this is a study of real value-being one of the first to examine sites across state lines and to use mediation and litigation samples that are relatively uncorrupted by the fact that they have entered into their respective process.

The basic approach of the study was to match two courts in each of four states, one of which had implemented a custody/visitation mediation program and one which had not. The control, "litigation", court was, in each instance selected to offer as similar a group of litigants to the "mediation" court as feasible. Courts in Nevada, New Mexico, Florida, and North Carolina participated. None of the courts was highly urban, although an argument could be made for Las Vegas/Reno, a factor which assisted in matching their clients demographically.

The study examined a wide range of issues including perceived quality of the respective dispute resolution processes on both procedural and substantive dimensions, both from the viewpoint of the clients and their counsel. Among the interesting results is an apparent rebuttal of the feminist attack on mediation, with a finding that women found themselves substantially more intimidated and more pressured to "go along" with other's views in the court process than in the mediation process. It is worth noting, however, that the mediation process in all of the evaluated programs, screened out obvious spousal abuse cases, a factor which may have skewed the results to some extent.

In the question of the outcome of mediation and litigation with regard to custody some differences were seen. In the area of "legal custody" the differences were slight except at the North Carolina site where the courts tend to disfavor joint legal custody, whereas such custody was commonly accepted in mediation. Mediation in North Carolina led to 77% fewer mothers getting sole custody and 60% fewer fathers obtaining the same right than in litigation. Clearly, on average, women did less well if sole custody was their aim, but the scope of the difference is rather less than one might expect. In looking at residential custody, usually the more significant decision, the results were quite surprising. In the two states where joint residential custody was not favored by the courts (Florida and North Carolina), the proportion of joint custody cases was almost identical in the court and mediation settings and the difference in proportion of primary custody mothers was slight (1% fewer in Florida and 7% more in North Carolina). In states where joint legal custody is preferred by the courts or by statute, however, joint custody was substantially (3.5 times) more likely to result from mediation than litigation.

The process comparisons of mediation and litigation gave mixed results. At three of the four sites mediation led to faster resolution of divorce matters than litigation, but in New Mexico the time to disposition was doubled by the use of the mediation process. Surprisingly a higher proportion of mediated than litigated cases saw post-divorce conflict resolution processes used, although this may be somewhat misleading as all mediation sites offered and encouraged parties to return at no cost if issues needed to be renegotiated.

Clearly, I have mentioned only a few of the highlights of this study. A comprehensive review of it will be important for anyone seriously involved in court-annexed family mediation.

* * *

Lisnek, Paul M., A Lawyers Guide to Effective Negotiation and Mediation, West Publishing Co., P.O. Box 64833, Saint Paul, MN 55164-9777 (326pp $99 1992) [3/93]

Book review by James B. Boskey

Paul Lisnek, whose earlier book on interviewing and counseling for lawyers is well respected, turns his hand with this volume to the negotiation and mediation processes. He begins with a preliminary chapter on the communication process, addresses the negotiation process in two sections-one on preparation for negotiation and the other on conducting the negotiation, and then provides an analysis of mediation.

The first chapter, on communication, examines a range of factors that encourage or discourage effective communication. Emphasis is placed on non-verbal communication, with an examination of the meaning of typical non-verbal "clues" and the use of such clues to detect deception or anxiety or stress that affects the process. Verbal communication is also discussed, including the use of jargon as a barrier to communication and the storytelling process in negotiation. Finally he deals in this chapter with cross-cultural factors in negotiation.

In the negotiation planning section of the book, two chapters address the negotiation process and the establishment of proper conditions for the negotiation. Included under negotiation process are subjects include ethical duties, the goals of negotiation, and the transformation of the client's objectives into a negotiation plan. The negotiation conditions section addresses issues such as location, timing, credibility and team or solo negotiation.

The negotiation process section begins with a chapter distinguishing between competitive and cooperative negotiation styles and continues with one setting up a five stage (actually six stage, but he does not count the final drafting as a separate stage) approach to negotiation. A final chapter looks at negotiation tactics.

In the mediation section chapters define the mediation process in the ADR context, set our different areas where mediation is used, and then describe the process and a range of mediation techniques. A final chapter deals with the law and ethics of mediation.

Overall the book is clear and direct in setting out its purpose. The topics dealt with under each heading are appropriate and the information offered accurate. Unfortunately, in an attempt to offer a concise manual, the material in each section is usually too concise and too limited to be of substantial value. It offers a useful, if not very sophisticated, review for someone already familiar with the literature, but does not address fundamental issue in sufficient depth to be usable for self-training by the reader.

* * *

Lookofsky, Joseph M., Transnational Litigation & Commercial Arbitration: Under American, European & International Law, Transnational Juris, P.O. Box 7282, Ardsley-on-Hudson, NY 10503 (792pp $125 1992) [11/92]

Book review by James B. Boskey

A comprehensive understanding of the procedure and process in transnational commercial litigation requires an understanding of both international legal constraints and the law of the states that have, or may claim, some involvement in the particular transaction. There are relatively few individuals worldwide who can offer the kind of intensive knowledge of several legal systems to allow for such understanding, but Joseph Lookofsky, a Professor at the University of Copenhagen and member of the New York Bar, is one of those few. In addition to his substantive knowledge, Professor Lookofsky also demonstrates a unique capacity to combine the scholarly forms present in Europe (doctrinal analysis) and the United States (case analysis) to provide a treatise that will be not only comprehensible, but familiar in approach, to both scholars and attorneys from "both sides of the water".

Professor Lookofsky makes his subject matter somewhat manageable by limiting his discussion of transnational litigation to litigation on subjects covered by the law of obligations in the civilian sense or contract and tort in American terminology. In this volume he addresses not the underlying substantive law in these areas, but rather the procedural questions that may arise in litigation of them across state borders. He begins by identifying five areas of concern: extraterritorial jurisdiction, applicable law, service of process and taking of evidence abroad, recognition and enforcement of judgements, and international commercial arbitration, and then addresses each of them in depth examining case law, treaty provisions, and practical issues that influence the manner in which they are dealt with.

The analysis which Professor Lookofsky provides is clear and direct in each area, but does not make the mistake of assuming that there are clear answers to every question. He is prepared, in many cases, to merely point out potentially acceptable alternative approaches to dealing with an issue and leave it to the creativity of his reader to decide which approach is more desirable. The format of the volume is somewhat unusual to American eyes. Cases are set forth in the form of lengthy quotations from the opinions of the court and commentary is in a form that looks more like a student casebook than a treatise. Also the author uses marginal notes for each paragraph of the treatise, possibly a convenience in identifying the subject under discussion, but to my mind perhaps too much a distraction from the text.

This is a useful and important treatise, and those involved in transnational dispute issues, especially ones involving parties from the United States and Europe, will want to be familiar with it and the material which it discusses.

* * *

Ginger, Ann Fagan, ed., Human Rights and Peace Law Docket (1945-1991), Meikeljohn Civil Liberties Institute, Box 673, Berkeley, CA 94701 (309pp $55 1992) [11/92]

Book review by James B. Boskey

I have previously stated, in this newsletter, my view that Ann Fagan Ginger and the Meikeljohn Civil Liberties Institute which she heads are the most important resources available for radical lawyers representing clients in politically motivated litigation. What I may not have made as clear as I might is that the publications of the Institute are important resources for lawyers in a wide range of litigation, even if the attorney, or his or her client does not necessarily agree with the Institute's philosophy.

It is, of course, not merely members of the political left who may have their rights compromised by governmental action or who may be the subject of political prosecutions.

The Human Rights and Peace Law Docket collects case summaries in a wide range of subjects related to its title. The cases are grouped by their source: International Tribunals, Regional Tribunals, and National Tribunals by country with United States cases further broken down into federal and state, civil and criminal. Each case summary provides a source for information about the case and details of the human rights or peace issues dealt with.

What makes the Docket so valuable, however, is the indexes that are provided. In addition to the standard cross-reference indexes by case name, indexes deal with US constitutional, statutory and regulations referred to, other countries and their constitutions and statutes, treaties and related documents, and most importantly a detailed subject index. For the lawyer seeking information in any of the covered areas, this index provides a ready resource which will shortcut the traditional legal resources.

* * *

Kruger, Judith A., Racial/Ethnic Intergroup Disputing and Dispute Resolution in the United States: A Bibliography and Resource Guide, Judith A. Kruger, P.O. Box 3, Collingswood, NJ 08108 (26pp $10 1992) [11/92]

Annotation by James B. Boskey

Judith Kruger provides in this resource guide an unannotated list of writings and resources on inter-group disputing in the United States. After a brief introductory essay, she includes lists of bibliographies, books, journals, articles, and theses in this area. The list of materials is a mixed bag. Ms. Kruger has found substantial earlier material which has not been included in most lists, but many of the works included deal marginally, at best, with dispute resolution topics. Her list of organizations and individuals is slightly, but inadequately annotated, and again appears, in many cases, to include groups or individuals simply because they are known to the compiler. The list of educational opportunities mixes academic programs with conference sponsors without providing any clarity as to the services they offer. A one page supplement includes a few Canadian resources.

* * *

Goldberg, Stephen B., Sander, Frank E.A., and Rogers, Nancy H., Teacher's Manual-Dispute Resolution: Negotiation, Mediation, and Other Processes, Little, Brown & Co., 34 Beacon St., Boston, MA 02108 (225pp 1992) [11/92]

Book review by James B. Boskey

In the last issue I reviewed the text of the new edition of Goldberg, Sander and Rogers, but it was only after closure of that issue that I received this Teachers Manual for that book. The teacher's manual offers serious support for the use of the book in the classroom. After a brief introduction, including a proposed allocation of the materials for a 14 week law school course, each chapter is supplemented with section by section analyses to assist the teacher in presenting the material including analysis of the problems presented. Also included are detailed instructions for the various exercises and, where appropriate, the confidential instructions for the exercise. The Manual is essential for anyone teaching from the basic book.

* * *

Lynch, Hon. Eugene F., et. al., Negotiation and Settlement, Lawyers Co-operative Publishing Co., Aqueduct Building, Rochester, NY 14694 (476pp 1992) [11/92]

Book review by James B. Boskey

Lynch, et. al., present a wide ranging examination of the settlement process for lawyers in this volume based on their earlier California volume on negotiation and settlement. They effectively interweave an examination of the negotiation process with an examination of the law governing settlement and the settings in which settlement negotiations occur to provide a sound basis for an understanding of the legal and functional dynamics of the dispute resolution process. While the book is heavily focused on the settlement process in a litigation setting, with particular emphasis on judicial settlement practices, it will be of substantial value in other settlement contexts as well.

The first two chapters of the book establish the environment in which legal negotiation occurs. They examine, in broad terms, the attorney-client relationship and the law of negotiation. Issues such as client control of the negotiation process and negotiation results, the propriety of various tactics, the effect of compromise and partial settlement, and the like are presented, and, while not attempting to review the law of each state, issues of concern are clearly presented with sufficient use of authority to ease further research on the subjects covered.

Five further chapters provide useful analyses of the negotiation process. Separate chapters address case evaluation, settlement letters, negotiation process, the settlement agreement, and concluding and enforcing the settlement. These chapters offer realistic analysis of techniques of settlement and the ways in which they may be implemented and recommend, where appropriate, the implementation of other ADR devices to assist in resolving a matter.

Two chapters examine specifically the role of insurance in settlement processes, the first also addressing tax and other special considerations as well. A particularly valuable chapter for many attorneys will be the one on dealing with insurance adjusters and insureds. Finally, three chapters address judicial settlement conferences from preparation for such conferences and strategies through advice from the bench directed primarily at judges conducting these conferences. Also included, in appendices, are the views of experienced judges and trial lawyers on the settlement process, and a detailed examination of the settlement process in a complex medical malpractice matter. The book is supported by an excellent index and useful table of cases.

* * *

Jacobs, Marcus, International Commercial Arbitration in Australia: Law and Practice, Law Book Company [Australia], available from Carswell, 1 Corporate Plaza, 2075 Kennedy Road, Scarborough, Ontario M1T 3V4, Canada (~1500pp $535.25can 1992) [11/92]

Book review by James B. Boskey

International Commercial Arbitration in Australia is a two volume looseleaf set, designed for frequent updating, that provides a comprehensive, clear, and highly practical resource on questions about international commercial arbitration. It is clearly written for the attorney-practitioner and provides not only analysis of legal issues, but excellent summaries of practical considerations in the drafting of arbitration agreements as well as their enforcement.

The Australian courts have relied heavily on United States decisions in this area, and Jacobs cites extensively to the US law. He also makes extensive use of the secondary literature and the decisions in ICC arbitrations as well, of course, as covering comprehensively the law of Australia. The forty-seven substantive chapters cover every issue that anyone is likely to need to consider in the arbitration process.

The second volume of the set is made up of four appendices. The first contains the New York and ICSID conventions, the second, Australian legislation, the third rule sets of international arbitration associations, and the fourth some miscellaneous matters. This is a set that any Australian attorney involved in international arbitration will feel compelled to have immediately available and which would be very useful for attorneys from other nations.

* * *

Kolb, Deborah and Bartunek, Jean M., Hidden Conflict in Organizations: Uncovering Behind-the-Scenes Disputes, Sage Publications, P.O. Box 5084, Newberry Park, CA 91359-9924 (256pp $42.95(h) $21.95 (p) 1992) [11/92]

Book review by James B. Boskey

In analyzing interorganizational conflict, many researchers tend to examine only the more obvious examples of conflict which are played out in a relatively public arena. In this volume the authors address the hidden conflicts which exist in all such organizations, but which often never come to the attention of anyone other than those affected by them. These conflicts take many forms, from individual to structural, and ignoring them can seriously compromise the effectiveness of the organization in accomplishing its mission, but identifying them requires serious and detailed attention to be paid by conflict managers. Many employment grievances are merely formalized manifestations of such hidden conflicts that have ripened to the point of intolerability over time and have therefore become public.

The nine essays in this volume address various aspects of such hidden conflicts, generally from an ethnographic viewpoint. Other than Kolb and Putnam's introductory essay on the dialectics of disputing, each examines a specific organizational context and dispute management technique. Included are a discussion of british police, partner conflicts in a big eight accounting firm, a labor mediation, and the like.

The individual essays are excellent and well written. Anthropologists in general seem to be better trained in writing clearly, and this manifests itself in making their analysis more accessible to other professionals than experts in many other fields. Each of the essays, in addition to descriptive material, offers a useful theoretical framework for understanding informal dispute resolution. The essays would provide useful supplemental reading for a course in dispute resolution theory and also could be used as examples in a practice course.

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Freund, James C., Smart Negotiating: How to Make Good Deals in the Real World, Simon and Schuster, 1230 Ave. of the Americas, New York, NY 10020 (253pp $22 1992) [11/92]

Book review by James B. Boskey

James C. Freund, a partner in the New York law firm Skadden, Arps, Slate, Meagher & Flom specializing in mergers and acquisitions and an adjunct professor at Fordham Law School where he teaches a course in negotiation, is certainly an excellent negotiator on behalf of his clients. Unfortunately having excellent negotiation skills does not necessarily qualify one to write a useful book training others in those skills.

The popular student aphorism that those who can do and those who can't teach is not true, especially in an area such as negotiation where many of the teachers of the field are excellent negotiators in their own right. It is, however, true that being a capable negotiator does not necessarily qualify one to teach negotiation skills, as the teaching of such skills requires not only effectiveness, but insight into the factors that make a successful negotiator. While Mr. Freund has, no doubt, superlative negotiation skills, he, unfortunately, lacks the insight into the negotiation process that would allow him, at least in the context of this book, to communicate those skills.

This is not, in any sense, to criticize Mr. Freund's writing skills. The book is well written and enjoyable to read. The general text, his war stories, and his model negotiations are fun to read and well constructed.

The problem with the book rests in two areas. First, Mr. Freund's appears to lack any real understanding of the difference between the style of a negotiator and the negotiating techniques used by that negotiator. His focus on negotiation style overlooks some of the most important lessons that have been learned about negotiation in the past decade. Specifically, he does not recognize that negotiator style and negotiation technique are not necessarily correlated and that effective negotiation is possible with various combinations of style and technique. Mr. Freund's lack of understanding of this essential factor in negotiation training is demonstrated by his misstatements as to the nature of cooperative negotiation technique and his assumption that such techniques necessarily extend the negotiation process. He also fails to recognize that the use of appropriate techniques can substantially improve the results of a negotiation, regardless of the personal style of the negotiator. As a result his trainees are likely to see the only successful technique as that which Mr. Freund, himself, uses even though that technique may not be effective for them.

The second problem with this book lies in the negotiation problems that Mr. Freund presents. Writing a good hypothetical negotiation problem is an art. Generally such problems should leave room for a wide range of settlement solutions that are apparent or at least available to the student as a third party, but are not obvious to the participants. Mr. Freund's problems, in contrast, often read like Edgar Allen Poe short stories. His analysis generally points out only a single solution which is available only because of secret knowledge held by the negotiator. While this situation can and does occur occasionally in real world negotiations, it is not one that lends itself to effective negotiation or effective negotiation training.

Mr. Freund writes well, and if this book is looked on as the biography of an effective negotiator, there are valuable lessons to be learned from it. It will not, however, serve as a useful text for the training of general negotiators, the purpose for which it was designed.

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Loughram, Charles S., Negotiating a Labor Contract: A Management Handbook, Bureau of National Affairs, 1231 25th St. NW, Washington, DC 20037 (590pp $58 1992) [11/92]

Book review by James B. Boskey

At one level it is not unreasonable to suggest that the negotiation of a labor-management agreement is merely a special case of general negotiations and that the same principles that apply to any other transactional negotiation should apply in that setting. In reality, however, the negotiation of such contracts has become, over the years, a highly specialized process, and the techniques involved in such negotiation are often specific to that type of bargaining. In addition, negotiations in any specialized area often requires specific types of preparation and presentation that are unique to that field. The labor-management arena offers perhaps the clearest example of the need for such specialized knowledge and approaches.

Charles Loughran, a consultant in labor and employee relations and former vice-president of human resources for Alaska Airlines, brings a wealth of experience to his analysis of the labor negotiation process from a management point of view.

Loughran divides the negotiation process into three parts: the pre-bargaining stage, the bargaining process, and the final agreement process. He then further subdivides each of these stages to examine the appropriate functions of the management team at each stage. One of the outstanding features of his approach is that he is able to combine discussion of substantive issues for negotiation with process issues in such a way as to encourage the negotiator to use the most effective approaches in each substantive area. His background in the law also allows him to provide clear analyses of legal issues that may face the negotiator at various stages of the negotiation process.

The book is well written and well organized and will be of value to both the novice and experienced labor negotiator. While Loughran encourages strongly a carefully planned approach to the negotiation process and clear good faith bargaining, he is aware of the role that negotiator style and personality can play and makes suitable allowances for differences in approach and character that may affect the way in which the process proceeds. There are few works in the negotiation literature that provide as clear and effective a direction for the negotiator in any field.

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Kendall, J., Dispute Resolution: Expert Determination Longman [England], available from Carswell, 1 Corporate Plaza, 2075 Kennedy Road, Scarborough, Ontario M1T 3V4, Canada ($56.50can 1992) [11/92]

Book review by James B. Boskey

Expert determination in England is a subsidiary form of dispute resolution, similar in many ways to arbitration, but providing less protection to the neutral and less direct court involvement than arbitration. Essentially, expert determination is a contractual procedure where a neutral makes a binding fact determination on the part of the parties to a contract as opposed to making the findings of law and fact which are more typical of a true arbitration.

Such expert determination is not a new concept in English commercial law. The first example reported in the case law dates to 1754 in the case of Belchier v Reynolds, nor is it limited to England, cases being reported from Australia and New Zealand as well. The primary uses of expert determination have been in the area of real estate (establishment of periodic rent changes in long term leases and valuation of property) and in closely-held corporations (share or asset valuation). As can be seen from these examples, the principal use of such determination is as to issues of valuation.

Kendall provides a clear overview of the law of expert determination. Interesting questions arise as to when a neutral is serving as an arbitrator (immune from suit for negligence) or expert (no immunity), and as to the grounds for challenge to the neutral's decision. The book is clearly written and presented although it is not clear that a full book on the subject was justified by the material available and their is substantial redundancy in the text as the author stretches the material to fill the pages allotted.

It should be noted that while the term expert determination is not used in the United States, there is a limited body of law describing similar functions. The role of the architect under an AIA contract or the role of accountants or investment bankers in sale of business and merger and acquisition situations has a substantial degree of similarity to that described by Kendall, and similar issues of liability or immunity of neutrals often arise.

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Fisher, Tom and O'Malley, Pat, Alternative Dispute Resolution Strategies for Dealing with Young Offenders: A Report on Existing Models and Community Receptiveness in the Preston Area, National Centre for Socio-Legal Studies, La Trobe University, Bundoora, Victoria 3083, Australia (73pp no price stated 1992) [11/92]

Book review by James B. Boskey

This report, which was commissioned by a legal services program and a dispute resolution center and funded by a task force on youth homelessness, addresses the receptiveness of residents in a particular community to alternative ways of dealing with young offenders. An understanding of community response to various programs is essential to their effective implementation, as the absence of such support is likely to make any program unworkable.

If the report were limited to the response of this particular community, however, it would be of limited value to non-Australians or even to those considering implementation of programs in other areas of Australia. The report, however, is substantially broader in scope and will repay attention by anyone interested in the use of alternative dispositions and the use of ADR techniques in that context.

The report begins with a brief, but clear and accurate survey of overseas research on victim-offender mediation programs (VORPs). After a survey of some of the better known programs, the authors describe the ways such programs are organized, the long and short term goals, and discuss the limited literature on program evaluation. They then turn to the existing Australian programs and planned projects and describe each of them and provide a limited evaluation of their strengths and weaknesses.

The direct research on which the study is based was conducted in Preston, which is a high crime, high unemployment, and relatively low socio-economic status area of suburban Melbourne in the State of Victoria. Selected (non-random) samples of tradespeople, local residents, shoppers, and young people were taken in two "hot spots" in the area, and an additional selection of young people attending school in the area were interviewed. The interview subjects were provided with a set of three scenarios involving different offenses (violence, vandalism, and theft) and descriptions of four ADR models (mediation, conciliation, arbitration, and reparation) and asked which approaches, if any, they would consider appropriate to dealing with each scenario. The respondents generally approved of the use of ADR models in each scenario (approximately 85%) and generally favored, amongst the models, reparation (70%) with about 25% favoring also the use of each of the other approaches for each scenario. The report provides a detailed analysis of these responses as well as of those by community officials, and concludes with a set of recommendations for program implementation. The authors find the public acceptance of alternative encouraging, but suggest additional questions that could well be explored before implementation of any single model occurs.

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Fenn, Peter and Gameson, Rod, eds. Construction Conflict Management and Resolution, E & FN Spon, 2-6 Boundary Row, London SE1 8HN, England (438pp no price stated 1992) [11/92]

Book review by James B. Boskey

While I was in Great Britain this summer, I asked a variety of folks from different ADR programs for the names of academics in England and Scotland with an interest in ADR, and one name which came up several times was Peter Fenn who is on the faculty of the Department of Building Engineering at UMIST (University of Manchester Institute of Science and Technology-formerly I believe the Manchester Polytechnic). When I contacted him about this newsletter, he was kind enough to send me a copy of this volume, which clearly establishes that he is deeply involved in our field.

Construction Conflict Management is a report of the proceedings of the First International Construction Management Conference, which was held in Manchester on September 25-27, 1992. A first impression is that the editors must have set a new world record for the publications of proceedings, but I am pleased to be able to say that the quality of the work has not suffered from its expeditious publication. The volume offers more than forty papers from the conference, covering a full range of subjects relating to conflict in the construction industry and offering a wide ranging international as well as British perspective on the issues that such conflict presents.

The papers, mostly brief, are classified into four categories plus two introductory papers which provide an overview of the subject of conflict in the construction industry and a summary of the basic theses of the papers presented. The first section deals with construction conflict in general and most of the papers look to the process of conflict management and specific sources of conflict. The second section addresses claims litigation and arbitration, while the third focuses in on the use of alternative dispute resolution techniques, especially mediation and mini-trials, in the industry. The final section looks to education aspects including training for conflict management and dispute planning. Each paper is preceded by a brief abstract and, usually, a list of keyword for computer indexing.

Overall the papers present a good balance of the theoretical and practical with an inclination to the former. They are generally well written and accessible, and many of them will be of serious use to those with a general interest in conflict as well as members of the construction industry.

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Harty, James Q., Table Talk, EduPress, P.O. Box 1777, Pittsburgh, PA 15230-1777 (225pp $9.95 1992) [11/92]

Book review by James B. Boskey

One of the most difficult things in the teaching of negotiation and related skills is providing the students with a real understanding of the continuing negotiation process in a multi-session negotiation. Simulations in the classroom can provide a clear image of the single session negotiation, even one of some complexity, but it is difficult to maintain a simulation over several class sessions or to simulate the changes in attitude which come about during intersession periods. Also difficult to approach with simulation is a real understanding of the role of irrationality in the negotiation process and the ways in which such irrationality affects the conduct of a negotiation.

James Q. Harty, a labor lawyer with long experience in representing school boards in teacher negotiations, provides, in his new book Table Talk a very useful mechanism for bringing these issues into the classroom as well an enjoyable reading experience. Table Talk is a novel which tells of a negotiation between a school board and a teacher's union over a contract for an upcoming three year period. The negotiation, which involves an attorney representing the school board with a school administration negotiation team and an experienced union negotiator with a teacher team, is seen from all sides of the table and the motivations of all of the parties are clarified through standard literary devices. The negotiation, and its results, are realistic, and the parties to the negotiation are convincing in both their actions and their motivations. The failure of the teachers, at the end of the process to ratify the proposed contract, is realistic and the reader comes away with a real understanding of the viewpoint of all participants and a sense of the real forces that motivate each of them.

This is a book that could make a serious contribution to the teaching of any course in negotiation or labor law, especially public sector labor law. As the author points out in the novel, law schools have traditionally been good at teaching the rules governing labor-management transactions, but ineffective at teaching the realities that the labor lawyer must deal with on a day to day basis. This book provides the opportunity to partially redress that balance. I am looking forward to Mr. Harty's next book, described in an appendix to this novel, which carries the negotiation process described here forward into the period of the strike which results from the failure of these negotiations.

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Lover, John and Pirie, Andrew, ADR for the Community: An Annotated Bibliography, UVic Institute for Dispute Resolution, University of Victoria, P.O. Box 2400, Victoria, BC V8W 3H7 (64pp $14.95 1990) (7/92)

Book review by James B. Boskey

The usefulness of most of the bibliographies published on alternative dispute resolution has been limited by the lack of annotations advising on the scope and nature of the materials listed. This volume corrects for this problem, offering an excellent list of readings for one new to the field of alternative dispute resolution or seeking to improve his or her knowledge in a specific area of the field.

The topics covered fall into five categories: the nature of disputes, primary resolution mechanisms, types of disputes. education and training in ADR, and bibliographies. Both books and important articles are included where appropriate, and the annotations, usually running about five lines, provide a brief summary of the purpose of the publication and usually some idea as to whom it is addressed. The listings are, of course, by no means comprehensive, and I would question the relative importance of some of the listed and unlisted volumes, but on the whole it is a useful work.

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Hodges, William F., Interventions for Children of Divorce: Custody, Access, and Psychotherapy (2d. Ed.), Wiley Interscience, 605 Third Ave., New York, NY 10158-0012 (387pp $45 1991) (7/92)

Book review by James B. Boskey

One of the most difficult tasks of the family or divorce mediator is assisting parties in determining the appropriate custody and visitation arrangements for their children. Even for the mental health professional mediator, who usually has some substantial knowledge of the professional literature on custody, offering a balanced understanding of that literature and its consequences is difficult, while for most attorney-mediators access to that information is difficult and evaluation of it even more so.

Hodges, in this volume addresses a wide range of data on child custody and visitation issues, and, by critical evaluation of the professional literature, provides an important resource for planning for the mediator looking at these issues. At one level this volume is an extended review of the mental health literature on custody related issues, but the acuteness of the analysis and the clarity with which the author evaluates the conclusions drawn in the various studies examined makes it a unique and valuable contribution.

Hodges is a conservative evaluator in the best sense of the word. As to each of the studies he reviews, he critically analyses the conclusions drawn by the authors, suggests whether the data base and methodology in the study fully support the conclusions reached, and, where they do not do so, offers new, an usually more modest, conclusions that can be properly drawn from the research.

The coverage of the book is extensive. After two introductory chapters examining our knowledge of child development in the context of divorce and parental separation from a Piagetan and Object Relations theory viewpoint, he examines the literature on each of several types of interventions. Included are mediation, custody evaluation, group and individual therapy, family interventions, and parental advisor approaches. In addition, specific chapters examine the special situations of single parents and remarried parents.

This is an essential volume for those involved in the mediation of custody disputes. It provides solid and well documented information and ideas for use in resolving disputes over custody and perhaps equally importantly provides information that can reassure parents about meeting the needs of their children.

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Gruenberg, Gladys W., Arbitration 1991: The Changing Face of Arbitration in Theory and Practice-Proceedings of the Forty-Fourth Annual Meeting, National Academy of Arbitrators, BNA Books, Distribution Center, 300 Raritan Center Parkway, P.O. Box 7816, East Brunswick, NJ 08816-7816 (314pp $40 1992) (7/92)

Book review by James B. Boskey

The annual publication of the Proceedings of the National Academy of Arbitrators is always, with full credit to Gladys Gruenberg, one of the most professional proceedings publications of any society. Ignoring, for the moment, the substance of the proceedings, the quality of the editing, the appendices, and the detailed index demonstrate the highest level of professionalism.

Nor, it should be quickly noted, is that level of professionalism reduced or compromised in the substantive material presented. The presentations reported in this volume are generally outstanding, and the coverage is broad. After Justice Brennan's opening talk, and an excellent analysis of why the employment-at-will doctrine should be superseded by Howard Block, topics covered include a wide range of subjects.

Among the notable items presented are a paper by Frank Easterbrook on arbitration and public policy from a law and economics viewpoint, discussions of arbitration of sexual harassment issues, and a variety of papers looking to the future of industrial relations. As usual this is a must read volume for all those involved in the labor relations area.

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Koven, Adolph M. and Smith, Susan L, Revised by Donald Farwell, Just Cause: The Seven Tests. 2d Ed., BNA Books, 1231 25th St. NW, Washington, DC 20037 (498pp $58 1992) (7/92)

Book review by James B. Boskey

The second, and posthumous edition of Koven's Just Cause is one of the better written analyses of any concept in labor law. The just cause standard for discipline or termination of an employee is very important, but somewhat vague because of the range of factual premises on which it is based. The concept of this book is to examine the procedural elements of a particular case, and based on the reasonable adherence to those elements by the employer determine whether just cause exists.

The book is very well written, drawing heavily on the arbitration case law with extensive quotations from arbitration opinions on each of the subjects discussed. The standards to which the employer is held are: notice, reasonable rules, fair and accurate investigation, proof, equal treatment and appropriate penalty. The argument is that if these standards are met the employer's action should be upheld in arbitration. On each of the topics the book offers a comprehensive analysis of standards and process with full authority for each of the points made.

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Gold, Lois, Between Love and Hate: A Guide to Civilized Divorce, Plenum Publishing Co., 233 Spring St., New York, NY 10013 (353pp $24.95 1992) (7/92)

Book review by James B. Boskey

Lois Gold's Between Love and Hate is written for an individual who is about to go through a divorce or has recently begun thinking about that option. Ms. Gold, who is a therapist and a divorce mediator, recognizes that many divorces become unnecessarily hostile, and provides various approaches that a divorcing spouse can use to reduce the level of hostility and help to implement a successful and peaceful divorcing process. While she believes firmly in the mediation process, this book goes far beyond mediation in the solutions that it proposes and recognizes that in some situations mediation may not offer a solution.

The first portion of the book addresses the commencement of the divorce process and the need to face the crisis which separation brings to most lives in a constructive manner. Gold analyses the effect of separation or the ending of a marriage on an individual and discusses the emotional stages that are usually endured and the healing process that usually gradually develops. Using this as a foundation, she sets forth factors which will help to make the divorcing process a constructive one for the individual including developing an understanding of the individual and the spouse's viewpoint, separating the job of parenting from the divorcing process, and learning to negotiate effectively to reach an appropriate solution.

The second section of the book, and perhaps the most important, addresses the parenting responsibilities of the divorcing couple. She addresses the need to assist children and the development of parenting plans that will assure that the children's needs are met. She then, turns to conflict management, and offers a useful approach to dealing with issues from which conflict might arise, to help maintain a constructive relationship between the parties.

In the fourth section of the book, Gold turns to the negotiation process. Using a win-win model based in large part on the approach of Fisher and Ury in Getting to Yes, she provides a very clear analysis of useful negotiation techniques including how to engage in power balancing, distinguishing interests from positions, and framing solutions. She then offers a relatively brief discussion of the mediation process and the legal process. Finally, in the last section she deals with post-divorce conflict and the application of the techniques she has discussed in that arena.

This is a well written and well balanced book that will be of important assistance to many divorcing people. It could well be recommended to either a legal or mediation client, as a careful reading will both empower the client and help him or her to understand his or her own divorcing process. Two useful bibliographies are also included.

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Goldberg, Stephen B., Sander, Frank E.A., and Rogers, Nancy, Dispute Resolution: Negotiation, Mediation, and Other Processes (2d Edition), Little Brown, 34 Beacon St., Boston, MA 02108 (558pp $40 1992) (7/92)

Book review by James B. Boskey

The second edition of what was Goldberg, Green and Sander, now Goldberg, Sander and Rogers will be published this month by Little, Brown. In addition to the change of authorial names, the new edition adds several new chapters: ADR and the Courts, Public Policy Dispute Resolution, and Dispute Resolution Design, focuses more heavily on the institutionalization of ADR, and expands the number of simulations available for teaching.

As did the first edition, this volume provides a broad overview of the alternative justice system. After a brief introductory overview chapter, major units are provided on negotiation, mediation, and arbitration and hybrid processes. The mediation section, particularly has been substantially reedited, presumably by Nancy Rogers, the new author/editor. As with the prior edition, I would have liked to see more breadth in the coverage of alternatives (two or three pages each on minitrials and summary jury trials hardly providing an adequate introduction), but the material offered is useful and the addition of the additional exercises/simulations is clearly helpful.

The sections on dispute resolution in the justice system and international disputes, and public disputes are useful, but too brief and a bit narrow in focus, while the section on family disputes appears to present a better balance. The system design and institutionalization chapters appear to provide a useful guide to future developments which will be especially helpful in the classroom. An attractive collection of exercises is included as chapter 12.

Overall the new edition of the book remains very suitable for use in a survey course introducing the field of ADR. It is perhaps most helpful to the instructor with relatively little experience of the field as it lays out the material covered in useful textual style, but I suspect that many more experienced teachers will find the material too basic or too heavily edited for comfortable use.

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Katz, Mark N. (ed.), Soviet-American Conflict Resolution in the Third World, United States Institute for Peace Press, 1550 M. St. NW, Suite 700-C91, Washington, DC 20005-1708 (232pp $19.95 1991) (3/92)

Book review by James B. Boskey

The accelerating speed of change in Soviet-American relations, not to mention the change in the Soviet Union itself, creates the risk that any book about the current status of those relations may be a mere historic reference before its publication. This volume, from the United States Institute for Peace, is based on a series of seminars convened at the Institute during 1989 and 1990 by Mark Katz as part of the research for his Jennings Randolph Peace Fellowship. Each of the seminars dealt with the relationship between the superpowers in a different area of the world, and each was presented by an expert in the region under consideration.

The authors of the individual chapters have attempted to avoid the likelihood of political change devaluing their contributions by focusing on process issues and fundamental cultural and geopolitical factors that are less likely to be influenced by the changes occurring in the Soviet Union and in the regions. Even in light of these approaches, however, the earlier papers often seem dated by the rapidity of change that has occurred and the unpredictability of the direction of change. Graham Fuller's discussion of the middle east was written prior to the Iraqi invasion of Kuwait and before much of the direction of change in the Soviet Union was apparent, and, although only a year or two old, already seems dated. Other authors were more fortunate in the date of their presentation or the relative stability of the regions they considered, but, even in those cases, the speed of change simply could not be predicted.

The areas discussed, in addition to the middle east, are East Asia and the Pacific, Afghanistan, South Africa, The Horn of Africa, and Cambodia. With the exception of East Asia and the Pacific, change has been so rapid as to overtake the discussions offered. The chapters are well written and the analysis is excellent, but in a real sense they demonstrate primarily the difficulty of predicting the consequences of such change.

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Lew, Julian D.M. (ed.), The Immunity of Arbitrators, Lloyd's of London Press, Ltd., Sheepen Place, Colchester, Essex CO3 3LP, England (139pp 52 1990) (3/92)

Book review by James B. Boskey

Americans tend to assume, with their usual presumption that the world follows American legal principles, that persons serving as arbitrators, regardless of the type of arbitration or the site where it is held, are absolutely from liability for their acts, even if they were not qualified to sit as arbitrators or conducted their arbitral functions in a corrupt or otherwise improper manner. That immunity is so extensive, under United States law that arbitrators may not even be brought into causes of action based on an arbitration such as actions to enforce or set aside the arbitration award.

This doctrine of absolute arbitrator immunity is, however, if not unique to the United States, at least very uncommon in the world arbitral community. Most states allow arbitrators only a qualified immunity, and some nations provide arbitrators with only very limited immunity.

Until the publication of this work no extensive study had been conducted of the scope of arbitrator immunity on a comparative basis. Julian Lew, on behalf of the European Users' Council of the London Court of International Arbitration, solicited manuscripts from experts on arbitration law in a wide range of nations, and this volume contains these reports. Immunity of arbitrators is discussed for each of the following nations: Argentina, Australia, Austria, England, France, Germany, Japan, The Netherlands, Norway, Spain, Sweden, Switzerland, and the United States. In addition separate articles address the question of immunity of arbitrators under the procedures of the American Arbitration Association, the ICSID, and the Grain and Feed Trade Association.

In his brief introduction Lew points out that there appears to be a continuum of immunity with the United States on one extreme and nations such as France, Spain, and Sweden on the other.

The articles on each nation or organization are fairly brief, but generally well written, and appear to paint an accurate picture of the immunity question in each of the jurisdictions. Lew states, in his introduction, that articles were sought about other nations as well, but while their inclusion would have been an advantage, the book provides sufficient useful information to make it of real value to those involved in international arbitration. The lack of an article on choice of law issues is a weakness, although it appears generally that the lex fori will govern such questions.

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Heuman, Lars, Current Issues in Swedish Arbitration, Kluwer Law and Taxation, Staverenstraat 32015, P.O. Box 23, 7400 GA Deventer, The Netherlands (287pp $82 1990) (3/92)

Book review by James B. Boskey

Lars Heuman is Professor of Procedural Law at Stockholm University and Director of the Swedish Institute of Arbitration Law. In this volume he provides, in English, a collection of articles that he has written on arbitration related subjects during 1989 and 1990. Most of the articles have been previously published, although several of them have been expanded to make them easier for non-Swedish readers to understand and to include information on recently decided and previously unpublished cases.

The essays cover a wide range of topics in arbitration under Swedish law. From a non-Swedish readers viewpoint, the most important articles are two on enforcement of arbitral awards in Sweden. The first deals with enforcement of foreign awards, while the second examines the effect of a provision in the arbitration agreement that excludes judicial review of the award and deals in passing with the jurisdiction of the Swedish courts to review awards in general. Other articles examine the drafting of arbitration clauses to exclude claims that could be settled by the courts on summary hearing, the problem of the effect of assignments on the availability of arbitration and the scope of judicial control over arbitration procedure. Also included are an two articles relating to discovery, one focusing on court assistance in the taking of testimony for arbitral purposes and the other on preservation of evidence and the use of subpoenas, and an brief note on the question of awarding interest on a claim for arbitration costs. Also included as appendices are the Swedish Arbitration Act and Act on Foreign Arbitration Agreements and Awards (both of 1929) and relevant excerpts from the Swedish Code of Judicial Procedure and the Execution Act.

The articles are well written and the translation into English is exceptional for both its clarity and readability. While the volume does not pretend to be a primer on arbitration in Sweden, it offers a great deal of useful information for anyone dealing with a Swedish firm in a context in which arbitration might be considered, or considering using Sweden as a site for an arbitration.

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Kriesberg, Louis and Thorson, Stuart J., eds., Timing the De-Escalation of International Conflicts, Syracuse University Press, 1600 Jamesville Ave., Syracuse, NY 13244-5160 (303pp $34.95(h) $15.95(p) 1991) (3/92)

Book review by James B. Boskey

It is universally accepted that timing is, or can be critical in the total or partial resolution of disputes between two or more parties. The factors that go into the timing equation, when to hold discussions or negotiations, when to make particular proposals, and the like, however, are far more difficult to determine, and no general theory exists, or perhaps can exist, which would allow for an abstract answer to these questions. the individuality of each negotiation or dispute means that too many variables are likely to be influential in determining when and what kind of offer should be made to allow for such a general theory.

The lack of such a general theory, does not mean that it is not possible to examine common factors across negotiations and to develop approaches that may encourage disputes to be resolved. In this volume the authors of the collected articles are engaged in a search for such common factors and approaches that may be useful in working with future conflicts.

The concept of de-escalation, as Kreisberg uses the term, is a limited one. De-escalation, in an international conflict setting, occurs at any point where either the number of issues separating parties or where the level of conflict over one of more of these issues is reduced. This may appear to be a modest aim, but in the context of international negotiations it is not an unreasonable or unimportant one.

After a general introduction to the issue of timing by Professor Kreisberg, the book continues with four essays on the context for de-escalation. They examine respectively negotiations on security and arms control in Europe, settlement efforts by the United Nations Secretary General, the INF, and the effect of domestic factors on de-escalation initiatives.

The second section of the book, dealing with strategies for de-escalation, offers five essays, four of them focused on theoretical issues and the fifth on superpower strategies to terminate the war in Beirut in the early 1980s. The four more theoretical pieces offer a practical theory of de-escalation, a discussion of power strategies, and two essays examining private, or track two, diplomacy.

Two final essays address further theoretical issues with reference to timing and the application of theory to practice. Finally a Professor Kreisberg with Stuart Thornton offers a brief epilogue on the war in the Persian Gulf. The first two sections of the book are introduced by essays by Professor Kriesberg and Susan French.

Overall the essays are well written and quite accessible. While I still question the level of generality that can be reached on this topic, the essays are valuable as a start in the direction of testing this issue of generalizability.

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Kubey, Craig, You Don't Always Need a Lawyer: How to Resolve Your Legal Disputes Without Costly Litigation, Consumer Reports Books, 101 Truman Avenue, Yonkers, NY 10703 (245pp $15.95 1991) (3/92)

Book review by James B. Boskey

As a long time reader of/subscriber to Consumer Reports, and therefore member of Consumers Union, I was very pleased to see an organization which I have respected for these many years turn its attention to alternative dispute resolution. The imprimatur of an organization such as Consumers Union is an important aid in developing the public recognition of alternative dispute resolution that is necessary to achieve the level of acceptance that the ADR movement has sought over recent years.

Craig Kubey, a Nader trained attorney, offers an upbeat and intelligent introduction to ADR and its alternative, litigation, aimed at an intelligent reader who is prepared to seek out the most appropriate strategy for dealing with any particular dispute. Unlike many ADR primers, this one does not denigrate litigation, but, more properly, treats it as merely one option amongst many for achieving an appropriate resolution of a dispute.

After a too brief introduction setting the framework for dispute resolution, Kubey's first section examines, in separate chapters, arbitration, mediation and mediation-like processes, neighborhood dispute settlement panels and organizations, the negotiation process, and the question of how to involve the "other side" in ADR. The second section examines litigation as an alternative, with three chapters on the use of lawyers, one on small claims courts, one on private court systems, and a final chapter on "joint action" by which Kubey means collective activity ranging from class actions to coalition building. In the final section, he addresses the selection of appropriate dispute resolution techniques both from a plaintiff and defendant's viewpoint and some questions of how to successfully utilize the techniques discussed.

The volume is supplemented by appendices providing an extensive listing of ADR providers and funders and setting out the jurisdictional limits of small claims courts around the country. This would be an excellent book to provide to that friend who keeps asking you "What is this ADR stuff, anyway?", or to use as the basis for an adult school training course in dispute resolution. The clarity of the writing and balance of the approach make it uniquely valuable.

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Ferrara, Ralph C. and Ertel, Danny, Beyond Arbitration: Designing Alternatives to Securities Litigation, Butterworths, 90 Stiles Road, Salem, NH 03079 (491pp $95 1991) (3/92)

Book review by James B. Boskey

The temptation is to say that it is about time that somebody wrote this book, but that would be unfair as it is in fact one of the very few books that look comprehensively at an area of litigation and attempt, intelligently, to analyze the possibility of using alternative dispute resolution techniques to resolve the range of disputes that are submitted to the courts in that area.

When ADRniks think of the use of dispute resolution techniques in the securities area, their attention has been focused, in large part, on the arbitration of customer-broker disputes as provided for in Shearson/American Express v McMahon, which has exploded into an extremely active area of practice. What Ferrara and Ertel have done, originally as part of the Center for Public Resources Securities Dispute Committee and now, far more extensively, in this volume, is to look broadly at securities litigation and ADR and develop creative, clearly presented, and potentially highly effective means of resolving the disputes which have been traditionally presented to the courts.

After a brief introduction, the book provides a detailed analysis of existing ADR practice in the securities industry. This is followed by a guide to the range of ADR processes and an introduction to the process of designing an ADR process to fit a particular dispute or class of disputes. This is followed by three extensive examples of the planning process, addressing 10b-5 class actions, corporate governance disputes, and SEC enforcement actions. In each case the authors describe the nature of the traditional litigation, identify the barriers to settlement and opportunities for joint gains, and then analyze the most appropriate processes for dealing with the dispute. They also offer, for each class of cases, a set of model procedures for their resolution. Finally, as a conclusion, the authors address some of the special problems that are specific to these forms of litigation and their resolution.

The book is well written, and the proposals both intelligent and capable of implementation without undue difficulty. Academics, attorneys and professionals in the industry will all benefit substantially from consideration of these approaches.

* * *

Kershen, Harry and Meirowitz, Claire, Strategies for Impasse Resolution, Baywood Publishing Co., 26 Austin Ave., P.O. Box 337, Amityville, NY 11741 (340pp $34.95(h) $25.95(p) 1991) (3/92)

Strategies for Impasse Resolution is the fourth in a series of volumes, published under the collective rubric of the Public Sector Contemporary Issues Series, offering collections of articles first published in the Journal of Negotiations in the Public Sector. The collected articles, which are grouped under four headings: Procedures and Processes, Factfinding and Strikes, Arbitration, and Work Stoppages, are well written and generally well documented.

The subject matter of the articles is far broader than either the title of the book or of the sections would indicate, and encompasses much of the world of public sector bargaining and labor relations. The public sector is broadly defined to include not only clearly governmental entities, but public colleges and other quasi-governmental organizations as well. Many of the articles are geographically based, eg. Factfinding in Indiana and Dispute Resolution in Florida's Public Sector, while others are more general in coverage, but even the geographically limited ones are written in such a manner as to allow general issues to be gleaned from them.

Especially interesting, at least to me, were the group of articles on teachers focusing on the decision to strike. The factors influencing the strike decision are only beginning to be fully understood, and these articles offer useful insight into the decision making process.

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Kirby, Andy, The Encyclopedia of Games for Trainers, HRD Press, 22 Amherst Road, Amherst, MA 01002 ($139.95 1991) (3/92)

Book review by James B. Boskey

The use of games is one of the most fundamental ways of involving participants in training programs. A well orchestrated gaming session can be used for a wide range of purposes, from introducing a group to its members through instruction is specific skills. While there is a large repertoire of games that have been utilized for these purposes, relatively little has been done to preserve this knowledge or to make it available to new trainers who are entering the training field. It has often been remarked that, beyond the secondary school level, little attention is paid to teaching teachers to teach, and the same principle applies to trainers as well.

Andy Kirby, an experienced trainer, has collected 180 basic training games into this encyclopedia. The games range from the very simple to the moderately complex, and are mostly designed for generic purposes, such as introductions, energizers, attention switchers, and the like. Some of the games are physical, while others are pencil and paper or relatively passive. For each game Kirby provides a summary, list of objectives, materials needed, timing, procedure, commentary, and variations that are easily used.

To make the volume more useful to the trainer, Kirby provides an index of the games by objectives as well as an alphabetical index. He also provides useful essays on the theory and practice of games in the training context and the objectives which he uses to classify the games, as well as an appendix on how to devise new games. This is a volume that will be of substantial value to both the new and experienced trainer as both a source of games and of ideas for new games and training approaches.

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Isaac, Dorothy (ed.), Teaching Conflict Resolution in Canada: A Syllabi Sampler for Universities, The Network: Interaction for Conflict Resolution, 298 Frederick, Kitchner, Ontario N2H 2N5, Canada (174pp $14 1991) (11/91)

Book review by James B. Boskey

For those who are teaching in the conflict resolution area or are planning to offer a new course in that area, information about what others are teaching is of immense value. Dorothy Isaac, on behalf of The Network, has compiled fifty sample syllabi for university and graduate level courses in this area from across Canada, creating a useful resource both in terms of the contents of the courses and by providing the opportunity for teachers to network with others teaching in their fields.

The syllabi provided are divided by subject matter into: General or Introductory, Commerce and Business Administration, Education, Environmental Issues, Family, Law, and Other. The syllabi are presented in different forms as they were designed by their developers and in their original language, but most include week by week breakdowns of coverage and lists of readings, and many also provide lists of proposed paper topics and other information. The identity and address of the school is provided in each case, and where available, the name of the instructor is also made available.

* * *

Kemicha, Fathi (ed), Euro-Arab Arbitration III, Graham & Troutman, Sterling House, 66 Wilton Road, London SW1V 1DE, England (265pp $142 1991) (11/91)

Book review by James B. Boskey

The growth of interest in international commercial arbitration is by no means limited to the west. Until the final breakdown of the Lebanon, Beirut was one of the preferred international sites for arbitration, and there is a long history of the use of arbitration in the arab states dating in many of them to pre-islamic times. Euro-Arab Arbitration offers the proceeding of the third conference sponsored by the Euro-Arab Chambers of Commerce, which was held in Amman, Jordan in October, 1989.

The conference, which was presented bilingually in English and French, drew many outstanding scholars, arbitrators, and arbitration administrators from across Europe and the Arab world. The report includes not only the major speeches and papers presented, but the introductory remarks both to the conference and each session and the questions raised from the floor at the end of each session. All materials are reported in the language in which they were presented, but the major papers are accompanied by summaries in the other official conference language. Unfortunately, as often happens the summaries are too brief to provide real insight into the presentations, it is too bad that full translations could not be offered.

As with any such conference, the level of the presentations varies, but there are several papers that would, by themselves be worth the price of admission. Of the english language papers, the analysis by Prof. Böckstiegel on the development of european arbitration law and Jan Paulsson's extremely perceptive statement on the requisites for a state to be an effective participant in the international arbitral community stand out. From the french papers, Dr. Sami's analysis of arab legislation and Prof. Grandcourt's on the evolution european legislation offered a great deal of useful information and some interesting stylistic comparisons.

Overall the papers presented are well worth reading and the questions that are raised about the implementation of international commercial arbitration in the third world are well worthy of consideration.

* * *

Hart, Lois B., Learning from Conflict: A Handbook for Trainers and Group Leaders (2d Ed.), HRD Press, 22 Amherst Road, Amherst, MA 01002 (225pp $49.95 1991) (11/91)

Book review by James B. Boskey

It is usually fairly difficult to review a book on training trainers, because the style of the trainer plays such an important role in the manner in which the training program is implemented, and I was therefore pleasantly surprised to be able highly recommend Lois Hart's Learning from Conflict.

Hart's volume is designed to assist trainers in developing either a specialized training program on conflict management or developing a conflict management unit in a topical training program. This volume is not designed for training trainers of mediators or other professional dispute resolvers, but for training trainers to train people to use dispute resolution techniques in their own professional and personal lives. With this goal in mind, the techniques for organizing a program offered are very clear and useful and the simulation and games provided are excellent and very usable.

The volume divides logically into two parts: one on organizing the training program and the other on the substance of the program. There is little that is novel in the organization materials, but there is little need for originality in this regard. Hart's creativity is focused on the exercises she has developed which range from case studies and role playing to self-analysis techniques, most of which are original with her or are intelligent and carefully designed variants on other's approaches.

I would recommend this volume to anyone who is actively involved in developing and implementing training programs. Even if the particular exercises are not adopted, they will provide useful approaches for a trainer in developing her or his own exercises.

* * *

Fisher, Linda and Long, Jeremy, Cultural Differences and Conflict in the Australian Community, Centre for Multicultural Studies, University of Wollongong, P.O. Box 1144, Wollongong, NSW 2500, Australia (74pp price not stated 1991) (11/91)

Book review by James B. Boskey

The many people who still think of Australia as an all white society with a sprinkling of aborigines and remember the traditionally very restrictive immigration rules that governed the country are in for a great shock. Australia has become a truly multicultural society and is paying increasing attention to the development of multiculturalism as a national policy.

This report examines the effect of cultural difference in the resolution of conflict, especially in the context of the community justice centres that have been developed in New South Wales since 1980. Four of these centres are now in operation providing mediation services to deal with a wide variety of community disputes. The study was commissioned by the Office of Multicultural Affairs in the Department of the Prime Minister and was carried out by researchers from the Centre for Multicultural Studies at the University of Wollongong.

The New South Wales Centres are aggressively multicultural in their approach to recruiting and training mediators as well as in the disputes that they resolve. In 1987-88 31% of the users of Centre services were from a non-english speaking background, and in about one-fifth of the cases filed the originating party expressed a preference for using a language other than English for the mediation. About one-half of the mediators affiliated with the centres were from non-english speaking backgrounds.

This study while including some statistical material was in large part impressionistic. It examined a large number of cases where cross-cultural issues were involved, ranging from race prejudice issues through traditional contract and neighbor issues through short questionnaire forms addressed to both parties and mediators with opportunities for the respondents to provide open ended answers. The general conclusions are that mediation can be very effective as a means of dealing with cultural difference although care needs to be used to assure that the goals and approaches of mediation are understood by all parties. Interestingly, efforts of the Centres to match mediators to parties by ethnic or language background did not seem to increase the likelihood of resolving a dispute except in cases where there were serious language problems on the part of one of the parties.

While still very much of a preliminary study, this is, to date, the most comprehensive look at multicultural mediation that I have seen in the literature. It should be seen as essential reading for those interested in the field.

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Family Mediation Canada, Introduction to Family Mediation: A Distance Education Program, Family Mediation Canada, 123 Woolwich St., Guelph, Ontario, N1H 3V1, Canada (50pp+readings $45can non-members $37.50can members 1989) (11/91)

Book review by James B. Boskey

The idea of distance education is not one that is familiar in the United States, with its colleges or universities in almost every community, but is one that is widely used around the world. Fundamentally it is a method of providing advanced education or training to individuals or groups who are unable to attend regular college or university lectures, and it is dependent on those individuals carefully studying a prepared curriculum and performing recommended exercises.

With this program Family Mediation Canada is making available basic training in family mediation for the person in a remote community who does not have access to standard training programs. They acknowledge that such training cannot be complete in and of itself and recommend that it be followed by an in person course, however, the program does meet many of the basic requirements for such a course.

The model of mediation on which this program is based is Chris Moore's. Rather than using Moore's book, however, the assigned texts for the course (in addition to the manual reviewed here) are Howard Irving's Divorce Mediation and the Family Mediation Handbook by Landau, et. al. In addition the manual contains extensive readings on different topics which are used to supplement the readings in the textbooks.

Essentially what the manual provides is guidance in the reading of the texts provided and a series of exercises that the student may perform to improve his or her skills as a potential mediator. Ideally it is designed to be used by a group of students studying together. (This offers the advantage that they can cooperate in the role plays and share the expense of videotapes which would be too pricey for a single student.) A student who religiously follows the program will learn a great deal about mediation, although I question whether it is possible to acquire substantial or very sophisticated skills in this manner. In addition, divorce mediation requires a detailed understanding of the way in which family matters would be handled in the courts which is only marginally addressed in this program.

While I would be very reluctant to recommend a person with only this training as a family mediator, the training provided would be an excellent foundation for further study. In an area where no trained person was available, the person who had completed this course, might well be able to provide some assistance to a couple in working out at least some of the problems that they face although one could not recommend full reliance on them. For those who lack access to an in person training program, this one is well thought out and a fully appropriate introduction to the field.

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Korzenny, Felipe and Ting-Toomey, Stella (eds.), Communicating for Peace: Diplomacy and Negotiation, Sage Publications, P.O. Box 5084, Newberry Park, CA 91359 (320pp 1990) (11/91)

Book review by James B. Boskey

Communication theory, if it can be described as in any way a proto-scientific discipline, has developed only to the stage of providing classificatory descriptions of known phenomena. Its practitioners, in their search for a theoretical understanding of the manner in which individuals communicate with each other use inappropriately technical language to disguise the fact that many of the classifications that they make are so poorly defined as to render them useless in distinguishing between phenomena and that much of their theory consists of secondary or tertiary reinterpretations of concepts from other disciplines. This volume attempts to apply such communication theory to diplomatic negotiations, but, while offering occasionally interesting insights, generally fails to offer much of theory building force.

The model promoted by Communicating for Peace is described in the first paper presented in this compiled volume as "intergroup communications theory". This paper, which is expected to set the theoretical tone for the entire volume, sets up axioms which are inconsistent with the expressly stated assumptions, and proceeds to use inconsistent classifications to confuse any possible understanding of the communication process.

Fortunately, after the first paper the volume improves. While the level of theory never reaches any substantial degree of sophistication many of the papers offer moderately interesting descriptions of negotiations in the international arena including such multilateral negotiations as the law of the sea conference and bilateral ones such as the cuban missile crisis. Even in these articles, however, the attempts at generating a general theory of communication are generally so facially flawed as to raise serious questions of the articles are worthy of attention.

One or two pieces are potentially more interesting. Holt, et. al. offer a taoist description of the nature of leadership and applies this description metaphorically to the mediator in an international setting. The metaphor is weak, but the general ideas presented may encourage a different outlook on the mediation process. Similarly Gonzales' article on the influence of alternative media during the 1986 uprising in the Philippines offers some insights of potential value.

* * *

Landry, Elaine M., Kolb, Deborah M., and Rubin, Jeffrey Z., Curriculum for Negotiation and Conflict Management, PON Books, Program on Negotiation, 518 Pound Hall, Harvard Law School, Cambridge, MA 02138 (835pp $35 1991) (11/91)

Book review by James B. Boskey

For those who are teaching in the area of negotiation, whether or not they elect to adopt Negotiation Theory and Practice (reviewed above), the Program on Negotiation at Harvard Law School is determined to win their allegiance and their money with irresistible offerings to ease the process of curriculum and syllabus development. The "draft" curriculum, it is so labeled by the editor/authors as they are still working to expand and improve it, includes exercises, a wide range of simulations form the Clearinghouse collection, and a reprint of the Kolb and Coolidge article briefly described in the review above, presented in a looseleaf format.

At least five years of intensive labor on the part of the named authors and others at the Program on Negotiation have gone into the development of this curriculum, and those efforts as well as the "beta testing" by their students shows in the quality of both the exercises and the simulations included.

The volume is divided into the nine modules with the same titles and topics as the Negotiation Theory book reviewed above. Each module includes a list of learning objectives and suggested exercises for the section, a list of suggested readings (many of which are included in the Negotiation Theory book, and, where appropriate, suggested videos to be used with the training. In addition to the full scale simulations, many shorter exercises which can be used to introduce each topic are offered.

It is impossible to imagine any negotiation teacher who would not benefit from a review of these materials. Whether or not the teacher adopts the specific exercises and simulations that are offered, the ideas as to exercise and simulation design and the organizational principles used cannot help but force the individual faculty member to improve his or her approach.

As an individual who generally pays little attention to teachers' manuals and other teaching aids in the preparation of his courses, I would generally not consider this type of volume useful, but in this case I make a clear exception. Even though I am currently in the middle of my course in negotiation at the law school, I am already planning to adapt some of my future classes to make use of these materials, and they will play a very important role in the way in which I structure the course in the future.

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JAMS, The Adjudicatory Process: Contract Arbitration, Judge Pro-Tem, Orders of Reference, JAMS Deskbook Series, J.A.M.S. (Judicial Arbitration and Mediation Services, 500 North State College Boulevard, Suite 600, Orange, CA 92668 (260pp&disk $149.95 1991) (11/91)

Book review by James B. Boskey

For those who are unfamiliar with them J.A.M.S., Judicial Arbitration and Mediation Services, is one of the many for profit organizations which have sprung up around the United States, and especially in California, to provide third party neutral services for the resolution of a wide range of disputes. Unlike many of those organizations, however, J.A.M.S. takes its responsibilities not only as a neutral, but as an educator and promoter of the use of these services seriously. Since their founding, J.A.M.S. has been promising to publish books in the area of alternative dispute resolution, and I am pleased to have, for this review, their first venture in the field and to be able to report that it is a highly professional effort.

Presented in looseleaf form, The Adjudicatory Process offers a useful and well-written introduction to several of the more formal types of alternative dispute resolution. While their own rules and procedures are featured in the volume, the analytical text is written in general terms and provides a clear and occasionally insightful description and evaluation of the procedures discussed. The legal discussion is based almost exclusively on California law and is therefore most useful for either an attorney or potential party in that state, however, the forms provided are sufficiently generic that they could be used in any state and even, subject to copyright restrictions, modified to utilize non-J.A.M.S. related neutrals.

The largest section of the book is that dealing with arbitration. The process and the law governing it are described in a 70 page chapter which is clearly written and well-presented with clear section headings to guide the reader. That chapter is supplemented by an extensive set of arbitration forms including not only submission agreements but pleading and practice forms for dealing with arbitration issues before the courts. Also included is the J.A.M.S. arbitration rules of practice and procedure which are carefully drafted and apparently reasonably comprehensive.

Shorter sections deal with the appointment of Judges Pro-Tem (rent-a-judge) and orders of reference from a court. Each is similarly supplemented with an appropriate set of forms. Finally the volume is fully indexed and a table of cases is provided.

One of the most interesting features of the book is the accompanying computer diskette which provides the text of all of the forms in the book formatted for any of three word processors: Word Perfect 5.0 or 5.1, Wordstar 3.3 or higher, or Microsoft Word. A well designed installation program installs the appropriate compressed files on disk in their own directory so that they can be retrieved and completed by the user. Seventy-six individual forms are included and they require, in word perfect format, 479 kb of hard disk space. If one does not plan to use all of the forms, it is easy enough to erase those that are not useful to save space on the hard disk.

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Gittler, Joseph B., The Annual Review of Conflict Knowledge and Conflict Resolution-Volume 2, Garland Publishing Co., Suite 2500, 717 Fifth Ave., New York, NY 10022 (314pp $42 1991) (11/91)

Book review by James B. Boskey

The second volume in the Annual Review series edited by Joseph Gittler and published by Garland Publishing Co., continues the approach established in volume 1 of providing serious analytical review articles, of a type more commonly seen in the "hard sciences", written by experts in each area reviewing and evaluating the state of theoretical and practical knowledge in their field. Such reviews are especially valuable in that, by combing the existing knowledge, they point out gaps in that knowledge that need to be filled by further research an hypotheses that have been proposed that need further testing before they can be deemed confirmed or rejected.

Gittler's definition of conflict resolution is substantially broader than the one usually used in the field. Topics included in this volume range from "Intra-Psychic Conflict" through "Track Two Diplomacy" and include issues such as crime and delinquency, substance abuse, terrorism, and "The Adversarial Media". The authors who include specialists in economics, organizational theory, management, political science, psychology, and other disciplines are a roster of some of the outstanding theoreticians in the world in their respective areas.

By their very nature these review articles are not light reading, but rather repay careful and diligent study by the reader. For the specialist in the subject matter they provide a means of assuring that he or she has not overlooked important material that may have been published in a secondary journal or in one that is not central to the field in question, while for the non-specialist they provide an overview of current developments and an understanding of the fundamental questions and approaches that are being used in each area. For academic students of conflict resolution, there is possibly no more important resource available to both assure their awareness of current developments and suggest new areas of inquiry.

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Greenspan, Amy L. (ed.), Handbook of Alternative Dispute Resolution (2d ed.), State Bar of Texas-Sales Desk, P.O. Box 12487, Austin, TX 78711 (426pp $45 1990) (7/91)

Book review by James B. Boskey

For the attorney who has finished reading the pamphlet Dispute Resolution Texas Style described above, and has his or her appetite whetted for more information, the State Bar of Texas offers the second edition of its Handbook of Alternative Dispute Resolution edited by Amy L. Greenspan.

The Handbook is essentially a desk reference on alternative dispute resolution techniques for the attorney. Each chapter is written by a different author with experience in the area under consideration, mostly practitioners although at least one academic has managed to slip into the list, and each provides an overview and guide to the implementation of a particular dispute resolution mechanism.

The first section of the book provides a useful introductory chapter on expanding the lawyer's tool box and one on the preventative use of ADR techniques (planning and drafting issues). The second section provides a chapter on each of the best known processes including: mediation, arbitration, summary jury trial, mini-trial, moderated settlement conferences, and private judging as well as a chapter on combined processes. This is followed by a section on specialized applications of ADR procedures, with an introductory chapter by Francis McGovern surveying some of the major areas in which ADR has been widely adopted, and individual chapters on appellate ADR, family, and agricultural loan mediation, ADR in construction and non-union employment settings, environmental dispute resolution and the mediation of criminal conduct issues. The final section offers discussion of general ADR issues including costs, ethics and confidentiality, the use of ADR in the Federal Courts and by Community Dispute Resolution Centers, and a topical bibliography on various ADR techniques. Appendices include relevant Texas legislation, local court rules and forms (both contractual and court-oriented).

Although this book was developed by the Texas Bar for Texas lawyers, and the majority of its direct references are to Texas rules and legislation, the approach used is broad enough and the chapters well enough written to make it of great value to practitioners from other states as well. I cannot think of another book which presents the methods and goals of ADR as clearly and directly for the attorney as this one and highly recommend it as a resource.

* * *

Hoffman, Ben, Conflict Power Persuasion: Negotiating Effectively, Captus Press, Inc., York University Campus, 4700 Keele St., North York, Ontario M3J 1P3, Canada (72pp $9.95can 1990) (7/91)

Book review by James B. Boskey

Training in negotiation skills has become a substantial industry in the United States and in many other nations as well. Ben Hoffman appears to be one of these frequent trainers who has arranged, through Captus Press, to publish his training manual.

The quality of such training manuals often depends less on their actual contents than on the manner in which they are used by the trainer in the course of a training seminar. Hoffman uses a format which he calls "An Ecological Framework of Negotiation" which is a convenient descriptive device, but not one that is especially functional in the absence of the surrounding training. It describes the negotiation process as a series of concentric and non-concentric circles around the negotiator, looking the interaction between the negotiator, the represented party, and the "adversary" through a series of relatively standard negotiation considerations.

Hoffman was trained at the Harvard Negotiation Project, and much of his training program utilizes ideas from the members of that project. He uses various of the analytical techniques proposed by Fisher and Ury, Larry Susskind and Howard Raiffa, amongst others, and fits them into his framework. He is also very conscious of communication issues, although his analysis of communication skills is rather superficial in light of the proportion of time that he gives to them in this book, and of the feelings of the negotiator and the manner in which those feelings may influence the negotiator's effectiveness in achieving results. He uses win-win terminology, but his communication of the underlying concepts is rather strained.

All in all, Hoffman's book may serve as a useful appendage to the training programs that he offers, but cannot be recommended for someone seeking independently to improve their negotiation skills. The original writers on whose work he depends have set out the ideas he presents more clearly, and his organization format is not one that is very useful in drawing those concepts together.

* * *

Kremenyuk, Victor A., International Negotiation: Analysis, Approaches, Issues, Jossey-Bass, 350 Sansome St., San Francisco, CA 94101-1310 (486pp $49.95 1991) (7/91)

Book review by James B. Boskey

International Negotiation is a product of the Processes in Negotiation (PIN) project of the International Institute for Applied Systems Analysis (IIASA). The IIASA is a multi-nationally chartered institution which conducts research on issues of international importance from an international or at least non-national perspective. The PIN project is, at the level of this volume, a network of scholars and research institutes in many nations who are examining the processes by which international negotiation occurs.

By international negotiation, the PIN project means negotiation between states rather than negotiation between private individuals or nations in the international arena. Within inter-state negotiations the project focuses on theoretical and general issues, attempting to develop what Raiffa calls "a context-free theory of negotiations."

This volume is unique in that it draws on a broad coalition of international authors from Europe, the United States and the Soviet Union. It appears that the IIASA suffers from the common blindness to the existence of non-western expertise, but ignoring this limitation, the list of authors is extremely impressive and the quality of the presentations excellent although tending to the hypertechnical. A close reading of the volume will expose the reader to almost the entire range of negotiation theory and a reasonably good sense of how some of that theory might be applied.

The articles, all of which appear to have been prepared explicitly for this volume, are divided into four groups. The first group examines overall issues in negotiation, from the process of negotiation generally and in the international context, through the actors, strategies, and structure of the negotiation process, to an examination of outcome measurements and evaluation. The second section exposes different methodologies or approaches to the study of negotiation. These include descriptive methods (historical, legal), theoretical perspectives (organizational theory, cognitive theory, economic) and analytical approaches (game theory, content analysis, psychological). The third section looks at negotiation of particular issues to determine what can be learned at a theoretical level from a "practical" perspective. Negotiations in a range of issue areas are examined for lessons including, in the public arena: arms control, trade, environmental, scientific exchanges, and regional conflict resolution; and in the private arena: international business negotiations and negotiations with terrorists. Finally the fourth section focuses on education and training with articles on the development of negotiation skills, the training of negotiators and the use of simulations.

Overall this book is a serious contribution to the literature on negotiation and provides one of the broadest and deepest introductory perspectives available to an understanding of negotiation process at a theoretical level.

* * *

Goldman, Alvin L., Settling For More: Negotiating Strategies and Techniques, BNA Books, 1231 25th St. NW, Washington, DC 20037 (220pp $35 1991) (7/91)

Book review by James B. Boskey

Professor Alvin Goldman of the University of Kentucky Law School has joined the ranks of those publishing books on how to negotiate. Unlike many of the recent books in the field, however, Professor Goldman's is both well written and analytically sophisticated.

The basic model which Professor Goldman presents is one which analyses both the nature of the subject of the negotiation, including a determination of the scope of mutual and conflicting interests, and the strategic and tactical decisions necessary to reach an effective conclusion to a particular issue. He avoids the common error of assuming that all negotiations are inherently "win-win", but he also does not ignore the search for common interests that some other writers fail to emphasize.

Of particular value in this work is Professor Goldman's integration of theory and practice. He has done an outstanding job of identifying the manner in which different types of negotiations require the use of different tactical approaches and providing a basis for the selection of appropriate tactics for each different type. Also notable is the careful use of diagrams to illustrate the different analytical concepts presented. The diagrams are well designed and clear serving to help the reader develop a real understanding of the principles described.

This is a volume that could be used in any of a number of ways. While the text and diagrams are clear enough to allow self-study, it could also serve as the basic text for a course in negotiation. Combined with appropriate simulations it would provide an excellent base for such a course.

* * *

Hoeninger, Berthold, Commercial Arbitration Handbook, Parker-Griffin Publishing Co., p.O. Box 9050, Carlsbad, CA 92008 ($90 345pp 1991) (7/91)

Book review by James B. Boskey

In the rush of writings about alternative dispute resolution the most important traditional form of ADR, Commercial Arbitration, has received substantially less attention than is justified. Thus a new volume taking commercial arbitration seriously is very welcome, and Mr. Hoeninger's new work firmly addresses what has been a real gap in the literature.

Mr. Hoeninger is an attorney with long experience in commercial arbitration of all kinds ranging from corporate and securities issues through construction and international disputes and has worked with a variety of dispute resolution organizations including AAA, CPR and Endispute. He draws on this wealth of experience to provide a highly practical manual which does not ignore the theoretical issues in arbitration practice.

It is important to realize that this is not a book on how to conduct an arbitration hearing. Rather, it addresses the planning for arbitration up to the stage of the hearing with its primary focus being on the drafting of an effective and carefully designed pre or post-dispute arbitration clause. Both a range of general arbitration clauses (for both administered and non-administered arbitration) and a variety of sections to be considered for addition to those basic clauses are offered with substantial discussion of the merits and demerits of each clause. In addition a description is offered of several of the national organizations that offer arbitration services and some critical evaluation of the advantages and disadvantages of using each.

Where the arbitration clause is already written and a dispute arises, Mr. Hoeninger also provides advice on the development of special supplemental rules for the conduct of the arbitration and on negotiating to incorporate those special rules into the arbitration process.

In addition to the basic text this volume also offers various appendices including some of the statutes and rule sets in common use and a report from the New York State Bar Association on the use of punitive damages in arbitration.

This is a volume that anyone drafting any contract should have on his or her desk. Even if the decision is made not to utilize arbitration in a particular case other contracts will come along where the ideas it offers will save both lawyer and client substantial amounts of time, money, and aggravation.

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Gruenberg, Gladys (ed), Arbitration 1990: New Perspectives on Old Issues (Proceedings of the 43rd Annual Meeting of the National Academy of Arbitrators, BNA Books, 1231 25th St. NW, Washington, DC 20037 (320pp $37 1991) (7/91)

Book review by James B. Boskey

The annual proceedings of the National Academy of Arbitrators is always one of the more useful volumes in the labor arbitration area. It reports the major papers and sessions held at the annual conference which attracts most of the leading neutrals and academics and the presentations deal with the matters that are of most immediate and pressing concern to those in the field. There value is also enhanced by the careful and detailed editing that Gladys Gruenberg provides, avoiding the problems that often plagues such proceedings of sloppy grammar and a lack of attention to the form in which they are presented.

The 1990 volume continues that tradition. The presidential address by Alfred Dybeck addresses the issue of the sources of arbitral authority (not power) in a suitably light but serious manner, while JFW Weatherill compares the Canadian and U.S. situation in union representation of workers and draws some interesting conclusions as to the most effective processes for unionization.

The session reports cover a wide range of topics from "Arbitration and Relentless Legalization in the Workplace" based on an outstanding paper by Professor James Oldham of Georgetown through various examinations of arbitration practice and alternative fora and the perpetual subject of drug-testing in the workplace to the proper role of the Academy. Most of the primary papers are complemented by the union and management viewpoints of the commentators.

These volumes are ones that every professional in the labor relations field, regardless of their orientation needs to be familiar with. The Academy is the place where the most important questions are asked, and often is also the place where answers are found. For those who cannot attend the meetings, these volumes are essential reading.

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Loomis, Lloyd, Drug Testing: A Workplace Guide to Designing Practical Policies and Winning Arbitrations, BNA, 1231 25th St. NW, Washington, DC 20037 (581pp $95 1990) (7/91)

Drug use and drug testing (along with other substance abuse issues) have become one of the most active and difficult subjects in labor arbitration. The political, practical, and other factors that have influenced the response of companies to the problems of the presence of illicit substances in the workplace have lead to increasing concern with issues of fairness to workers and efficient operation of firm. Statutes such as the federal Drug-Free Workplace Act of 1988 and regulations approved by other government agencies establish complex and sometimes comprehensive schemes which must be implemented in the context of labor agreements and grievance procedures.

This report combines an analysis of the current state of scientific knowledge on drug testing with an evaluation of published labor arbitration decisions dealing with the full range of substance abuse issues in a planning perspective designed to assist both employer and union to design an appropriate scheme for dealing with these issues. The drafting of the agreement and work rules are considered with due regard for both the privacy concerns of employees and the safety and related concerns of employers.

The report is well and clearly written and extensively documented, especially with regard to recent arbitration decisions. Also included are various useful appendices including selected arbitration cases, legislation, sample company policies and union agreements, and selected journal articles.

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Ginger, Ann Fagan, Peace Law Docket 1945-1990, Meiklejohn Civil Liberties Institute, Box 673, Berkeley, CA 94701 (215pp $43 1991) (7/91)

Book review by James B. Boskey

The Meiklejohn Civil Liberties Institute is either the most important or second most important resource for radical lawyers in the United States, depending on whether one includes Ann Fagan Ginger as a part of the Institute or a separate resource. The Institute maintains an extensive collection of briefs and other information on issues of concern to radical lawyers and makes this information available to those who are dealing with political cases and related matters.

The Peace Law Docket is basically an index of many of these materials as well as other materials that are publicly available with a focus on loosely defined peace related issues. It provides the text of major international documents, such as the United Nations Charter; summaries of other legislative and quasi-legislative documents, such as regional treaties and security council resolutions as well as state and federal statutes; and summaries of major international, United States, and other nations court cases dealing with related issues.

Any lawyer who is representing a client attempting to promote peace issues through techniques such as civil disobedience will find the list of materials included invaluable. The cases address issues ranging from rights of native americans, through non-payment of taxes as a means of war protest, to nuclear waste management. The volume is fully indexed as to subject matter, case names, and documents referenced, and in most cases a citation to the decision is offered and where available the name of counsel who presented the issues to the court.

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Goldman, Alvin L., Settling For More: Negotiating Strategies and Techniques, BNA Books, 1231 25th St. NW, Washington, DC 20037 (220pp $35 1991) (7/91)

Book review by James B. Boskey

Professor Alvin Goldman of the University of Kentucky Law School has joined the ranks of those publishing books on how to negotiate. Unlike many of the recent books in the field, however, Professor Goldman's is both well written and analytically sophisticated.

The basic model which Professor Goldman presents is one which analyses both the nature of the subject of the negotiation, including a determination of the scope of mutual and conflicting interests, and the strategic and tactical decisions necessary to reach an effective conclusion to a particular issue. He avoids the common error of assuming that all negotiations are inherently "win-win", but he also does not ignore the search for common interests that some other writers fail to emphasize.

Of particular value in this work is Professor Goldman's integration of theory and practice. He has done an outstanding job of identifying the manner in which different types of negotiations require the use of different tactical approaches and providing a basis for the selection of appropriate tactics for each different type. Also notable is the careful use of diagrams to illustrate the different analytical concepts presented. The diagrams are well designed and clear serving to help the reader develop a real understanding of the principles described.

This is a volume that could be used in any of a number of ways. While the text and diagrams are clear enough to allow self-study, it could also serve as the basic text for a course in negotiation. Combined with appropriate simulations it would provide an excellent base for such a course.

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Garwood, Fiona, Children in Conciliation, Family Conciliation Scotland, 127 Rose Street South Lane, Edinburgh EH2 5BB, Scotland (48pp 8 1989) (3/91)

Book review by James B. Boskey

Fiona Garwood is a mediator and researcher with the Lothian Family Conciliation Service (LFCS) in Scotland. Her two research reports each make a valuable if distinct contribution to our knowledge of family dispute settlement.

The issue of whether children should, as a matter of course, be included as participants in the divorce mediation process is one that has received a wide range of response, mostly, however, based on personal attitudes of the authors towards children or extremely limited anecdotal evidence. Ms. Garwood has conducted, to my knowledge, the first study of the involvement of children in the process and the effects of such involvement on the process and on the children themselves.

The LFCS, as a matter of policy, encourages the participation of the children of the parties in the divorce mediation (aka conciliation) process. Despite this general policy children are, in fact, relatively rarely invited to participate, either the parents or the mediator opposing their participation in a large proportion of cases.

Where the children do participate, usually through an independent meeting with the mediator or a general family session, they generally react quite favorably to having their views solicited and being made to feel a part of the process through which their fate is being decided. While the study is a preliminary one it begins to pose the correct questions that need to be dealt with for the decision on inclusion or exclusion of children to be made wisely.

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Garwood, Fiona, Divorce, Counselling and Conciliation Services in Sweden and Scotland, Family Conciliation Scotland, 127 Rose Street South Lane, Edinburgh EH2 5BB, Scotland (43pp 7 1989) (3/91)

Book review by James B. Boskey

Ms. Garwood's comparative study, reported in this volume, is the result of a funded journey which she took to Sweden. She reports on the status of divorce law, counselling and mediation services in Sweden with an especial focus on the manner in which the Swedish social service system meets the needs of children in divorce situations.

While hardly an elaborated study, this is a useful compendium of information on the nature of divorce related social services in a nation which has generally been viewed as one with a great investment in the proper functioning of its social service system. The comparison to the Scottish situation is also interesting if necessarily superficial under the circumstances.

Interestingly the growth of divorce mediation in Sweden has largely been the product of a psychotherapist couple whose model was derived from American Gestalt theory. The model is, as might be expected far more therapeutic than the one which most of us are used to, and focuses initially on confrontation with the issues of grief and separation before beginning to attempt to resolve the underlying dispute. While this model has been the most important, as it has spread other users have focused more closely on the resolution of disputes and less on the grief issues although it still provides an important focus.

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Hill, Marvin F. and Sinicropi, Anthony V., Remedies in Arbitration (Second Edition), BNA Books, Box 7816, Edison, NJ 08818-7816 (575pp $52 1990) (3/91)

Book review by James B. Boskey

Remedies in Arbitration is an outstanding examination of one of the more difficult questions in the field of labor arbitration. While it is clear that labor arbitrators have broad authority in the development and construction of appropriate remedies, the source of that authority is less than clear, and the most effective manner of implementing it is often even more in question.

With their focus on the remedial aspects of labor arbitration, Hill and Sinicropi provide an exceptional focus on these problems. The source of remedial authority in such cases may be argued to result from the traditional law of contract or to be inherent in the enforcement of the relationship between labor and management that is created by the agreement. The consequences of each of these views on the manner in which labor arbitration awards are to be drafted and implemented is extensive, and the authors take account of each of these views while proposing a middle ground which seems to reflect well the reality of modern employment relations. The book is comprehensive in its coverage, with an extended section on the sources of remedial authority in general followed by sections on remedies in discharge and disciplinary cases and on non-disciplinary cases. Extensive reference is made to both published and unpublished arbitral decisions to provide a broad image of the realities of labor practice.

Unusually for a book of this kind, the volume is consistently well written, and, while issues are dealt with and documented with all of the responsibility appropriate, the authors share a light touch in their writing which makes it a pleasure to read. They admirably demonstrate that the occasional inclusion of humorous material need not detract from the seriousness of the discussion and can add to the pleasure of the reader.

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Gittler, Joseph B. (ed.), The Annual Review of Conflict Knowledge and Conflict Resolution, 156 Madison Ave., New York, NY 10016 (261pp $30 1989) (3/91)

Book review by James B. Boskey

The publication of annual reviews has become an established practice in many of the hard sciences and has begun to expand to the social sciences as well. These volumes are traditionally made up of a series of review essays updating the reader on developments in one aspect of his or her field. Over a period of several years, most of the major issues in the field will have been dealt with and thus, while little new material is typically contained in the essays, the proffered summary of the state of the art makes them a continuing resource for the specialist and a useful introduction for the generalist.

This volume is the first in a projected series of such annual reviews in the conflict studies area. Joseph Gittler, the series editor, is a Professor of Sociology at George Mason University and he has drawn his authors largely from sociology and political/policy sciences with some contributors from the psychology side. The essays which are all extensive and informative are all written from a social science perspective and are not, as a result, easy reading for the lawyer/mediator, but they provide excellent background on the theoretical elements of their respective subject matters. Especially interesting from my viewpoint was the essay by Mann and Ingram on environmental conflict in a global setting.

The other topics covered in this volume are as follows: Interpersonal conflict, conflict in families, conflict resolution: sex and gender roles, inter-ethnic conflict, modern american religious conflict, and international economic and political conflict. Judging from this first volume this will be a series whose annual publication will be anxiously awaited.

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Jarvin, Sigvard and Derains, Yves, Collection of ICC Arbitral Awards/Sentences Arbitrales de la CCI, Kluwer Law and Taxation, 6 Bigelow Street, Cambridge, MA 02138 (660pp $106 1990) (3/91)

Book review by James B. Boskey

The International Court of Arbitration, sponsored by the International Chamber of Commerce and formerly known as the Court of Arbitration of the ICC is one of the major world resources for the resolution of business and commercial disputes through arbitration. It was founded in 1923 and has dealt with some 6,500 cases over its lifetime. Because of the nature of the court, it tends to deal with cases of substantial economic significance, and, while its decisions have limited or no precedential value, it is a useful resource for "what is really happening" in international transactions.

This volume reproduces case notes in English and French and extracts of awards in the original language. The case notes are regularly published in English by the Yearbook of Commercial Arbitration and in French by the Journal du Droit International. The cases are thoroughly indexed, in both languages, analytically, by key word and chronologically.

Each of the case notes includes the identity of the arbitrator(s), the name (or in case of confidentiality the nature) of the parties, the location where the case was previously published, a brief statement of the subject matter, the facts of the case and an extract of the award. The case summaries are clearly written and provide a useful resource for the international law scholar.

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Fisher, Thelma, ed., Family Conciliation within the United Kingdom: Policy and Practice, Publishing Division, Jordan & Sons, Ltd., 21 St. Thomas St., Bristol BS1 6JS, England (179pp 1990) (11/90)

Book review by James B. Boskey

Thelma Fisher is the Conciliation Director of the National Family Conciliation Council (NFCC) which is the coordinating body of family conciliation (mediation) programs in England and Wales. This book, which was originally designed to serve as a memorial of the first ten years of the Council's operation, evolved into a combination of a textbook and resource manual on family conciliation.

The book consists of a series of essays prepared by experts in conciliation. Unlike many such collections, however, these have been written specifically for this volume and were designed to address the basic subject matter needed for an understanding of the conciliation process and its place in relation to other societal organizations.

After a series of introductory essays which provide a glossary and histories of the NFCC and of the development of conciliation in Scotland and Northern Ireland, part one, entitled Conciliation Policy, offers six essays on the relationship between conciliation and social change, the law, the legal profession, the courts, probation services and the family court. Part two, entitled Conciliation and Other Processes, relates conciliation to mental health services, while Part three, Conciliation Practice, offers a variety of models of conciliation and conciliation programs. After a discussion in Part four of Conciliation Research, the volume offers an epilogue three appendices, including a list of services in England, Wales, Scotland, Northern Ireland and Eire, and a bibliography.

While this is not the book one would use to introduce the subject of family mediation or conciliation, it does an outstanding job of setting these services in their social and societal context and raises many issues which deserve broad attention.

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McDonald, John W. Jr. and Bendahmane, Diane B., Conflict Resolution: Track Two Diplomacy, Center for the Study of Foreign Affairs, Foreign Service Institute, Department of State, Washington, DC (87pp $2.75 1987), order from U.S. Govt. Printing Office, Washington, DC 20402 (stock # 044-000-02170-6) (7/88)

Track Two diplomacy is defined by John McDonald as "non- governmental, informal, and unofficial. It is interaction between private citizens or groups of people within a country or from different countries who are outside the formal governmental power structure."

This book is a report of a symposium conducted by the Center for the Study of Foreign Affairs at the United States Department of State in 1985 on the subject of track two diplomacy. The use of informal diplomatic contacts has been of increasing importance in recent years (witness the role of many private citizens in hostage negotiations and the highly publicized activities of Jesse Jackson in the international arena), and there is a real need to develop a theoretical and practical understanding of the manner in which such "off-the-books" diplomacy operates.

The papers in this work examine several examples of the use of track two diplomacy, including the mediation of intergroup conflict in the Dominican Republic, the mediation efforts of the AFSC (American Friends Service Committee) in Germany and Korea, the Dartmouth Conference on US-USSR Relations, and backstage mediation in the Cuban missile crisis. In addition, several papers describe theoretical models for such diplomacy. The individual papers are brief and well written, and the book gives a good overview of the issues raised by such diplomacy and of its potential and actual effectiveness. Also included is a brief, but useful bibliography.

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Halpern, Richard G., Plaintiff's Personal Injury Negotiation Strategy, PESI Legal Publishing, PO Box 1208, Eau Claire, WI 54702 (161pp $38 1989) (7/90)

Book review by James B. Boskey

The art of negotiation has general characteristics which are applicable to any type of negotiation, but different types of negotatiations may require different tactics and somewhat different approaches. Richard Halpern's work offers a useful overview of the general principles of negotiation while focusing on one particular type of negotiation, personal injury, from the viewpoint of the attorney for one of the parties, the plaintiff.

This is a very useful book for both the novice and experienced personal injury attorney, as it focuses on the full range of issues that plaintiff's counsel must consider in preparing for and resolving a personal injury case. Halpern, after a useful introduction to negotiation theory, applies that theory to the practical considerations that need to be dealt with in this area. He introduces the range of players, discuses the type of prepartion that is needed to negotiate effectively (not ignoring the importance of being ready to try a case where needed, and then deals with the conduct of the negotiation from the setting of an agenda to decision as to what issues should be given primary and secondary importance in reaching a conclusion.

The book is published in paperback format and was offset from the computer printout of the text. The quality of the print is clear, but the typeface is less than ideal from the perspective of the reader. Nonetheless, the clear writing and gentle but firm tone of the instruction makes this a volume of real value.

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Gardner, Richard A., Family Evaluation in Child Custody Mediation, Arbitration, and Litigation, Creative Therapeutics, P.O. Box R, Cresskill, NJ 07626-0317 (670pp $35-$3 shipping-1989) (7/90)

Book review by James B. Boskey

Dr. Richard A. Gardner is one of the more controversial figures in child psychiatry, at least in the context of forensic psychiatry. His promotion of the "parental alienation syndrome" which is seen by many mental health professionals as simply an excuse for ignoring evidence of parental misconduct, especially sexual abuse, has led to his being seen as anathema in many mental health groups.

Despite this controversy, Dr. Gardner has excellent general credentials and a long history as a custody evaluator, author on a variety of child related subjects, and as a treating professional. This volume, which is partially an update of his earlier book, Family Evaluation in Child Custody Litigation, offers a useful treatise on the role of the neutral in such evaluations, unfortunately surrounded by a diatribe against the legal system and a call for an ill analysed proposal for its reform.

Dr. Gardner begins his proposal with a call for mediation to be used in all child custody disputes. This would be well and good if he did not define mediation as fundamentally an examination of all relevant persons by a mental health professional followed by an attempt by that professional to encourage the parties to agree to accept his or her recommendation. While the proposal is never stated quite so blatantly, I believe this to be a fair summary of its essence.

If "mediation" fails, Dr. Gardner calls for the custody determination to be made by a panel of one attorney and two mental health professionals who would perform a comprehensive evaluation of the parties, the children, and any relevant others to determine what custody arrangement would best suit the interests of all parties. An appeal would lie only to a similarly constituted appeal panel, one of whose primary functions would be to sanction anyone who had "lied" at the original panel on the basis of their reading of the transcripts.

This book would be worth ignoring if Dr. Gardner had not achieved a substantial following amongst those accused of sexually abusing their children because of his all but universal rejection of such charges. Because of this there is a risk that he may be taken seriously by some extremists and it is important to be aware of the nature of his approach.

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Folberg, Jay and Claus, Karen E., Dispute Resolution Education and Training: A Video Reference Guide, National Institute for Dispute Resolution, 1901 L St. NW, (Suite 600), Washington, DC 20036 (166pp free 1989) (3/90)

Book review by James B. Boskey

It has arrived. One of the problems for those who use videotapes in the classroom and in training programs is the impossibility of reviewing the wide range of tapes that are available in the alternative dispute resolution area. Jay Folberg, now Dean of the University of San Francisco Law School, has prepared, with sponsorship of the National Institute for Dispute Resolution, a guide to a large number of the tapes available.

Substantial information is provided about each of the tapes reviewed. Included are the title, presenters, source, anticipated use, date of production, running time, format and cost as well as a description of the contents of the tape and any manual available to be used with it. The tapes are also classified by subject matter, first at a broad level (ie. arbitration, mediation, etc.) and then at a narrower level (ie. labor-management:drug testing, criminal justice, etc.). In addition the catalog offers a chart on the major features of the tapes to allow the potential user to select those tapes that are most likely to be useful.

Many of us have been looking forward to this volume for some time, and our thanks goes out to Jay and Karen for the service they have provided to the community. We can only hope that NIDR will see that periodic updates are made available as new tapes come onto the market.

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Haynes, John M. and Gretchen L., Mediating Divorce: Casebook of Strategies for Successful Family Negotiations, Jossey-Bass, Inc., 350 Sansome St., San Francisco, CA 94104-1310 ($27.95 331pp 1989) (3/90)

Book review by James B. Boskey

John Haynes is, if not the father of the father of divorce mediation-a title generally conceded to O.J. Coogler, at least one of the fields most prolific and effective authors, trainers, and mediators. His earlier book, Divorce Mediation, defined the field for those who found the highly structured approach advocated by Coogler too confining to accomplish their purpose. In this new book, co-authored with his wife, provides an advanced training focus for those who have already been trained in or studied divorce mediation and are looking to enhance their skills. The first three chapters offer a reexamination of some of the fundamental assumptions that have traditionally been made by divorce mediators, both as to general approach and to strategy. This is followed by a series of 5 case studies, carefully selected to present specific issues in the conduct of a mediation. These are presented in the form of annotated transcripts of actual mediation hearings, the annotations including both detailed footnote references which attempt to define what is happening at that point in the mediation process and an analytical summary in which the mediator discusses both the strategies employed and the negotiating behavior of the parties.

As one would expect from an author of John Haynes' skill the textual material is clearly written and very helpful, but of greater impact are the transcripts themselves. It is not clear to what extent they have been edited, but they are extraordinarily informative and of real value to both the person seeking a beginning understanding of why mediation can work and to the sophisticated mediator attempting to enhance skills already developed.

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MacCoun, Robert, et. al., Alternative Adjudication: An Evaluation of the New Jersey Automobile Arbitration Program, The Rand Corporation, PO Box 2138, 1700 Main St., Santa Monica, CA 90406-2138 (140pp $10 1988) (3/90)

Book review by James B. Boskey

In 1983 New Jersey introduced mandatory arbitration of automobile accident claim where the amount in controversy did not exceed $15,000. Cases where the plaintiff's medical expenses did not exceed $2,500 were presumed to be within that limitation. Parties are entitled to a de novo appeal of the arbitration judgement for a fee of $150 paid by the appellant and attorney fees and costs may be awarded if the appellant does not improve the award by 20% on judgement. The Rand Corporation was employed by the Administrative Office of the Courts to evaluate that program, and this volume is a report of that evaluation.

The basic findings are less than clear as to the effect of the introduction of the arbitration system on court operations. Only about 5% of all cases went to trial in the absence of arbitration, and the number of cases in the survey was not sufficient to identify any reduction in the number of tried cases through the use of arbitration. Interestingly arbitrated cases settled at a somewhat slower rate in the early stages of the process than litigated cases, although by the end of the pretrial process this delayed rate of settlement was corrected. The delay was apparently due to the parties awaiting the results of arbitration hearings.

Appeals were quite commonly taken from the arbitration judgement, however, it appears that such appeals were used primarily as a negotiating tactic as most of the appealed cases settled. Attorneys identified the arbitration award as a useful tool in moving the settlement process.

Overall, the conclusion to be reached from the study is that the use of arbitration in these matters has relatively little effect on the adjudication process. Despite this, both parties and attorneys favor the process. The study raises many serious questions that should be addressed in the design of future programs.

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Lind, E. Allan, et. al., The Perception of Justice: Tort Litigants Views of Trial, Court-Annexed Arbitration, and Judicial Settlement Conferences, The Rand Corporation, PO Box 2138, 1700 Main St., Santa Monica, CA 90406-2138 (93pp $7.50 1989) (3/90)

Book review by James B. Boskey

One of the primary issues presented by the alternative dispute resolution movement is the argument that the appearance of fairness is greater in cases resolved by alternative rather than judicial methods. The relative informality of alternative processes combined with the greater participation by the parties in the resolution process are seen as leading to a preference for such techniques amongst litigants.

Perhaps the best testing ground for this assumption is the arena of tort litigation, as this is the primary model for litigation. In this study, the Rand Corporation's researchers have examined the parties perception of the fairness of the decision making process in small tort litigation where three different means of resolution were employed: Trial, Court-Annexed Arbitration and Judicial Settlement Conferences.

As a starting point it is important to note that the three methods are not fully parallel. Despite this, there is a great deal to be learned from the parties' reactions. Interestingly, while success or failure (as measured by the obtaining of a verdict or award in favor of the litigant) played a role in the litigants perception of the fairness of the procedure, it was not an overwhelming role. Most parties were able to, and did, distinguish a successful resolution from the issue of a fair process.

The principal factors which led to satisfaction with the process appear to have been the dignity of the hearing or conference procedure and the extent to which the party was comfortable with the procedure and saw it as fair. Interestingly neither party participation in the process nor the process' formality was highly correlated with that perception.

The study raises serious questions about some of the assumptions that have traditionally been made by advocates of alternative dispute resolution about procedural fairness, and will require reexamination of many of those assumptions.

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King, Elizabeth M and Smith, James P., Dispute Resolution Following Airplane Crashes, The Rand Corporation, PO Box 2138, 1700 Main St., Santa Monica, CA 90406-2138 (56pp $7.50 1988) (3/90)

Book review by James B. Boskey

This is one of the few studies analyzing in detail the factors that determine the likelihood of settlement and the amount of settlement in tort litigation in a relatively controlled environment. While few of the findings are unexpected, the detailed breakdown of those elements that encourage settlement provide a good deal of useful information, both for the litigator and for the dispute resolver.

Not unexpectedly the closer to trial a settlement occurs, the larger is likely to be the agreed settlement. Similarly, some of the most important factors in encouraging settlement are litigation costs, amount of loss, and the need for rapid settlement to meet the needs of survivors. Of especial import is the finding that settlement is far more likely if defendant offers, at an early post-crash stage, to settle the matter even if the settlement does not reflect that original offer. From the insuror's point of view, this suggests that a reasonable offer of settlement early may be a very important tactic in limiting risk where liability is clear. For the mediator or negotiator many of the findings reveal points that will encourage settlement to occur, and may help to focus the orientation of settlement discussions so as to improve their likelihood of success.

* * *

Peterson, Mark A. and Selvin, Molly, Resolution of Mass Torts: Towards a Framework for Evaluation of Aggregative Procedures,

The Rand Corporation, PO Box 2138, 1700 Main St., Santa Monica, CA 90406-2138 (70pp $7.50 1988) (3/90)

Book review by James B. Boskey

This is a prolegomena to a study of the processing of mass tort claims. It offers some preliminary considerations for examining the trial management problems in cases with large numbers of plaintiffs litigating against a single or small group of defendants. Eventually the authors hope to conduct a fuller study of these court management issues, and this provides an analytical foundation for such future studies.

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Folberg, Jay and Milne, Ann, Divorce Mediation: Theory and Practice, The Guilford Press, 72 Spring Street, New York, NY 10012 (508pp $39.50 1988) (7/88)

Book review by James B. Boskey

One of the complaints about Jay Folberg and Allison Taylor's book, Mediation, was that it attempted to accomplish too much in too small a compass. Jay Folberg and Ann Milne have responded to that complaint with this volume which serves as a detailed introduction to and advanced reader on the more limited topic of divorce mediation. Folberg and Milne have selected most of the best known writers in divorce mediation and had them prepare individual articles on divorce dispute resolution. The twenty-three chapters of the book are divided into six sections. The first, placing divorce mediation in perspective, provides articles on the nature of dispute processing with a focus on divorce mediation. The second part deals with the theory of divorce mediation, while the third examines practice issues in approaching divorce mediation. The fourth section looks at strategies in the implementation of mediation in the divorce context, while the fifth deals with legal and ethical issues in the practice. Finally, the last section deals with research aspects and issues in such dispute resolution.

In all honesty, this book arrived shortly before the deadline for this newsletter, and I have not had a chance to read it in detail. Nonetheless, the quality of the contributing authors and the brief examination that I have been able to make of the book, make it clear that this is a work of real importance that should be read by every practitioner and academic interested in the field of Divorce Mediation.

* * *

Goddard, Diane R., Phases of Divorce: A Handbook of Mediation in Relationships, DRG Publishers, USA, c/o Diane R. Goddard, 1568 Wexford Drive South, Palm Harbor, FL 34683 (106pp. price unstated 1988) (7/88)

Book review by James B. Boskey

Dear Diane:

Congratulations on having received a Macintosh Computer for some recent holiday and on deciding to use it to write a book.

It really is a lot of fun to play with all the available fonts (even to the point of changing fonts 3 or four times a page), and to use lots of marginally relevant (and in some cases out-of-date) dictionary definitions and other writings that allow you to play with these fonts even further. Self publishing was traditionally such a drag as you could not do any of the fancy typesetting that a real publisher could, but the computer has allowed you to overcome this limitation.

Another nice feature of having all those fonts available is that nobody would think of looking for footnotes or statements of authority. Avoiding these is crucial as it allows you to accuse Oedipus of sexism in solving the riddle of the sphinx on the basis of an unattributed translation (page 20) and on that same page to make unattributed reference to Freud and partially attributed reference to G. Stanley Hall.

Of course, you may respond, this is a book for the lay person not the professional. Even if that is true, and you seem very uncertain about that question, the cloying tone and unsophisticated analysis seem better addressed to the reader of romance novels rather than a person trying to solve real personal problems.

The most serious issue with the book, however, is your treatment of mediation. Starting with an, at best, highly idiosyncratic definition of the process, you proceed to describe a confused process which merges psychotherapy, counseling, mediation, negotiation and other specialties into an amorphous process lump that is "unsafe at any speed", and especially in a book apparently directed at a lay audience.

I could go on indefinitely about the problems that I see with this work, but let me close by suggesting that the next time you are inclined to publish one of your books yourself, you might consider following the lead of the professional publishers, and rejecting it.

* * *

Hofrichter, Richard, Neighborhood Justice in Capitalist Society: The Expansion of the Informal State, Greenwood Press, Box 50007, Westport, CT 06881 (1987) (7/88)

Book review by James B. Boskey

In this book Richard Hofrichter presents a Marxist analysis of the Neighborhood Dispute Resolution (NDR) movement. His basic thesis is that the expansion of the NDR movement is a means by which capitalist society protects itself against its own organizational problems and contains conflicts which would otherwise work themselves out in more appropriate manners through the courts (or eventually revolution). He asserts that NDR falsely alleges itself to be based in a philosophy of collective responsibility, whereas, in fact, it serves as a system of social control, political containment and dispute surveillance for the political institutions of the general society.

To observe that modern Marxism is based on a conspiracy theory of society (the revolution would have occurred already if capitalist society were not so good at developing protective mechanisms) is nothing new, but Hofrichter presents the theory in relatively palatable form. Few if any of his observations are novel, and the issues that he raises are not unique to Marxist theory, but they are clearly presented and offer a useful viewpoint on the dispute resolution process.

The great bulk of the book is taken up with a review of modern Marxism, but when the author turns to dispute resolution his observations are interesting. Differing viewpoints on dispute resolution need to be expressed, and that is certainly accomplished here.

* * *

Kahn, Lynn Sandra, Peacemaking: A Systems Approach to Conflict Management, University Press of America, 4720 Boston Way, Lanham, MD 20706 (280pp $28.50 cloth $12.25 paper 1988) (7/88)

Book review by James B. Boskey

Lynn Kahn, a professional psychologist, has prepared a useful book on dispute resolution and conflict management processes for the general reader. She promotes her 10*STEP process for the analysis and resolution of conflict, which, while not original or unique, provides a useful approach for the beginning dispute resolver in meeting and dealing with conflict situations. The book is rather journalistic in style, making it quite readable, and the techniques taught are ones that will be generally helpful.

The book is divided into four parts. The first, entitled "technology" deals with the method of dispute resolution and some basic personal skill issues of the dispute resolver. The second part "psychology" presents aspects of group behavior which will aid in or deter from the reaching of peaceful solutions. The third section "Theory" presents a theory of peacemaking based on a combination of systems analysis, jungian psychology and group theory, and the final section "application" talks about the design of peace conferences.

The volume uses numerous case studies, and, while the analysis is a bit overblown, it provides a useful outlook on the basic questions in dispute resolution.

* * *

Katz, Sanford N., Negotiating to Settlement in Divorce, Prentice Hall Law and Business, 855 Valley Road, Clifton, N.J. 07013 (179pp $55 1987) (7/88)

Book review by James B. Boskey

Negotiating to Settlement in Divorce is made up of a series of papers presented at a conference organized by Sanford Katz of Boston College and conducted by Prentice Hall Law and Business, each of the papers having been carefully edited for publication in this volume. The contributors range from experienced matrimonial practitioners and judges (including Gary Skoloff and Judge Edward Ginsburg) through academics (including Carol Liebman and Wilbur Leatherberry) to a professional mediator (Patrick Phear). Topics range from preparing the client for negotiation, through specific types of negotiation to a review of negotiation theory as it applies to the matrimonial arena.

The papers presented in this volume are uniformly excellent, and it is difficult to believe that any matrimonial practitioner would not benefit from reviewing them. Various negotiation techniques are discussed in detail, and many of the experts present their "tricks of the trade" for others to consider adopting.

* * *

Kennedy, Gavin, The Economist Pocket Negotiator, Basil Blackwell, Suite 1503 Park Ave. South, NY, NY 10016 (264pp $19.95 1987) (7/88)

Book review by James B. Boskey

The Pocket Negotiator is a training book on negotiation skills in the form of a negotiation dictionary. Moderately extended definitions with examples of different techniques and proposed counters to those techniques are well written and cover a wide range of subject matter. This is not an attempt to provide a comprehensive dictionary or encyclopedia of negotiation, but rather to serve, like The Devil's Dictionary, for periodic dipping into for pleasure and profit.

* * *

Kressel, Kenneth, Pruitt, Dean G., and Associates, Mediation Research, Jossey-Bass Inc., 350 Sansome St., San Francisco, CA 94104-1310 (457pp $32.95 1989) (3/90)

Book review by James B. Boskey

This book, which might well be subtitled "all you ever wanted to know about mediation, but did not get around to reading", offers a comprehensive overview of the state of the art on research about mediation, excepting only the issues of how to mediate. In 18 chapters, each written by a different author or group of authors who are the recognized experts in their particular field, and, with four exceptions written specifically for this volume, a complete picture of the status of mediation and the fundamental issues involved is presented.

If there is anyone who has read everything that has been published on mediation in the past 10 years, there is not a great deal that is new in this volume, but I seriously doubt that there are many people who can honestly claim to have read that extensively. The authors included range from anthropologists to attorneys to mental health professionals to administrators, and the subjects included cover the full range of mediation topics from community mediation through international with stops at family, environmental and other specialized forms of mediation along the route. In the final chapter, the authors/editors offer a summary of the learning that is contained in the individual chapters which updates their analysis from the Journal of Social Issues, published in 1985, and which is, by itself, worth the price of admission.

This is a book that should be read by anyone in any part of the mediation field. Not only will it put the work that that individual is doing, be it mediation proper, research or administration in context, but the reader will develop a far broader understanding of the entire nature of the dispute resolution revolution.

* * *

Fox, Richard G., Gandhian Utopia: Experiments with Culture, Beacon Press, 25 Beacon St., Boston, MA 02108 (330pp $27.50 1989) (3/90)

Book review by James B. Boskey

Back in olden times (the 1960s) when schools of social work offered a major in community organization, there were two names which attained almost biblical status in those schools, Saul Alinsky and Mohandas Gandhi. Today Reveille for Radicals is all but forgotten, and Gandhi, for those who realize that he was neither Rajiv nor Indira's father, has been established as a tokenized symbol for non-violence of all types, a position that he would, most likely, have flatly rejected.

For those working with ADR in the community, however, Gandhi offers a plethora of lessons, ranging from issues of intercultural communication of ideas through means of empowerment of those otherwise lacking in power. Richard Fox's new quasi-biography of Gandhi offers one of the best introductions to and analysis of those ideas ever written.

In reality Fox is not offering a biography of Gandhi, but is using Gandhi's life and philosophy as a basis for a rethinking of the nature of the anthropological enterprise. In doing so he has been forced to rethink and reevaluate the Gandhi canon, and, in doing so, has come up with a far more realistic understanding of the nature of social change and the concept of empowerment than has previously been offered. Rather than focusing on the specific activities of the Congress Party and the Indian Nationalists under Gandhi's leadership, he has tired to examine the philosophical underpinnings of Ghandi's life and used that approach to offer generalizable approaches to understanding social change.

While this book does not directly address the usual issues of alternative dispute resolution, a careful reading will provide a real, in depth, understanding of the basic issues involved in accomplishing both personal and societal change through those processes.

* * *

Paddock, Harold, Settlement Week: A Practical Manual for Resolving Civil Cases Through Mediation, Bureau of National Affairs, 1231 25th St., NW, Washington, DC 20037 (150pp $95 1990) (3/90)

Book review by James B. Boskey

The idea of conducting settlement weeks has become an increasingly popular one in both the federal and state courts. As the number of cases and consequent delay of trials becomes an increasing problem, courts have found that setting aside time to focus on the resolution of cases through a negotiation and mediation process both increases the efficiency of the judicial process and aids litigants in seeing their disputes resolved.

One of the earliest of the full fledged settlement week programs is the one that has been operated in Columbus, Ohio since 1986, and this manual, prepared by Harold Paddock, the chair of the committee that implemented the original settlement week program there, provides a detailed description of how to operate such a program including the forms used and a detailed description of the mediation process which forms the basis for many of the settlements achieved.

For any court considering the establishment of a settlement week program, this volume is essential. Not only are the forms and procedures spelled out in detail, but the mediator training manual-provided to the attorneys who serve as mediators in the cases discussed is included. Among the issues discussed are such matters as the selection and training of mediators, the selection of cases appropriate for the settlement process, the scheduling of cases and an analysis of the judicial role.While there will, obviously, be a need to adapt the manual to local situations, it provides a solid base for the development of a program.

* * *

Lind, E. Allan and Tyler, Tom R., The Social Psychology of Procedural Justice, Plenum Publishing Corp., 233 Spring St., NY, NY 10013-1578 ($32.50 267pp 1988) (7/89)

Book review by James B. Boskey

The leading book for review in this issue is one that addresses one of the fundamental issues in dispute resolution, the question of what characteristics of a dispute resolving system give a participant a sense that they have been dealt with fairly by that system. While the importance of a just result is universally recognized, practical experience indicates that that is only one factor in the perception of fairness by a disputant.

John Thibaut, a social psychologist, was one of the first individuals to attempt to address these issues in a scientific manner. From the foundation that he laid, an entire subfield of social psychology has developed dealing with procedural justice. This volume summarizes the learning in that field and presents several analytical frameworks for dealing with procedural justice issues.

In some senses, this is not an easy book to read. It is well and clearly written, but the analytical frameworks are complex. Nonetheless, they will well repay detailed study, as they deal with some of the fundamental questions that those in the dispute resolution field have been asking since the field was first recognized and bring a healthy new framework to dealing with those questions.

* * *

Murray, John, Rau, Alan S., and Sherman Edward F., Processes of Dispute Resolution: The Role of Lawyers, Foundation Press, 615 Merrick Ave., Westbury, NY 11590 (755pp 1988) (7/89)

Just when you thought it was safe to select your casebook for the course in dispute resolution for the next semester, along come John Murray and associates with a new offering with yet a somewhat different approach to the teaching of an upperclass course in that area. Like most of the new casebooks on dispute resolution, the authors offer a chapter on each of the major topics in the area (Litigation, Negotiation, Mediation, Arbitration, Formal Settlement Processes, and Administrative and Legislative Processes).

The book begins with a reexamination of the litigation process from a dispute settlement viewpoint. Using selections ranging from Wayne Brazil and Lon Fuller to Owen Fiss and Marc Galanter, they begin the process of having the student rethink the functions of litigation. This is followed by a long chapter on each of the major dispute settlement techniques. The chapters are extremely broad in their coverage, and each of them deals with both legal and ethical constraints in the use of each approach. The formal settlement process chapter introduces three additional techniques (the mini-trial, court administered settlement, and summary jury trial), and the final chapter provides a look at the administrative and legislative processes.

The approach taken in this book is a bit more focused than in some of the other casebooks in the area. It looks to the role of the attorney in the use and abuse of each of the processes, and provides, in several cases, very useful examples of the processes. The book is well worth considering for a survey course.

* * *

O'Connell, Marjorie, DTE Digest: Alimony Recomputation and Tax Planning in Divorce for Family Mediators, Divorce Taxation Education, Suite 600, 1710 Rhode Island Ave., NW, Washington, DC 20036 ($70 75pp 1988) (7/89)

Book review by James B. Boskey

One of the basic issues with which Family Mediators must deal is the tax consequences of separation and divorce. Every major training program in family mediation provides some information about these issues, but tax law is ever changing, and many of the practitioners and trainers in the area find this to be one of their weakest skills. Marjorie O'Connell has long been known to the community of divorce lawyers as one of the most sophisticated analysts of divorce taxation and one of the best trainers, both for her analytical skills and the clarity of her presentations. Divorce Taxation Education, Inc. now makes her unique approach available to Family Mediators in a two part packet which is likely to become an essential weapon in their armory.

The first element of the package is a 41 page guide to "Tax Planning in Divorce for Family Mediators". It provides a clear and reasonably detailed explanation of a full range of matrimonial tax issues, including: alimony, the dependency exemption, medical expenses, property transfers and division, gift and estate taxes in divorce, separate returns in community property states and innocent spouse treatment on joint returns. In addition, she provides a worksheet for after-tax value computation in property distribution. As with all of O'Connell's works, the material is presented clearly and in a form which will make it convenient and useful to the practitioner on the ground.

The second part of the package offers a more detailed analysis of one of the most difficult portions of the tax law, the problem of alimony recomputation. This new concept, which was introduced in the 1984 act and clarified in the 1986 regulations, is a major pitfall for the uninformed, and O'Connell provides the information needed to avoid these pitfalls while taking full advantage of the opportunities provided.

Although relatively brief, this packet is one which every family mediator will want to have immediately available.

* * *

Gifford, Donald G., Legal Negotiation: Theory and Applications, West Publishing Co., 50 W. Kellogg Blvd., P.O. Box 64526, St. Paul, MN 55164-0526 (1989 forthcoming) (7/89)

Book review by James B. Boskey

Don Gifford has created a new textbook for the teaching of negotiation skills in the law school classroom. Rather than attempting to cover the entire range of alternative dispute mechanisms, he has focused in detail on the negotiation process, and, in doing so, has created a very useful teaching tool, albeit one that will require substantial planning before it can be used effectively.

The book focuses specifically on the role of the attorney as negotiator, keeping in mind the fact that the attorney is not usually negotiating on his or her own behalf, but on behalf of a client. After an introduction to the problems of negotiating on behalf of another and a general introduction to negotiation strategy and tactics, Gifford breaks the negotiation process into six stages: Planning, Initial Orientation, Initial Proposals, Information Bargaining, Narrowing of Differences and Closure. In each section he combines an overview of the problems of the stage of negotiation with several examples of approaches to the negotiation process, and, usefully, many of his examples follow particular instances of negotiation from stage to stage to demonstrate how earlier decisions as to approach may effect later portions of the negotiation. The examples are unusually cogent and informative and will provide the teacher with good analytical material and basis for discussion.

Following the analytical breakdown of the stages of negotiation, the author takes the student through some special issues in the negotiation process, including multiple party negotiation and negotiation counselling. He then sets negotiation in the general ADR framework.

One of the most useful features of this book is that it treats the full range of negotiation activities from face to face, through mediation, to mini-trial, as examples of a single process, which, of course, they are. By doing so, Gifford keeps the student focus on the function of the negotiator rather than the process itself, an encouragement to developing skills rather than merely intellectualizing concepts.

A course based on Legal Negotiation will not be an easy one to teach. The quality of the examples and the efficiency of the breakout of the stages of negotiation will require the development of very carefully drafted simulations, and the density of the textual material will frequently require exquisite preparation on the part of the teacher. It is to be hoped, however, that Professor Gifford will develop a teachers manual for the book to ease this process, as the quality of the materials will make a successful course based on the book, one of great value to the student.

* * *

Kagel, Sam and Kelly, Kathy, The Anatomy of Mediation: What Makes It Work, BNA Books, 1231 25th St., Washington, DC 20037 (222pp $23 1989) (7/89)

Book review by James B. Boskey

One of the most effective ways of teaching about mediation is through the use of a case study. In order for such a case study to be a useful tool, however, it must be sufficiently comprehensive to present a wide range of mediation issues and must be sufficiently elaborated to allow the observer/reader the opportunity to analyze the conduct of the parties and the mediator. Sam Kagel and Kathy Kelly, in their new book The Anatomy of Mediation, present exactly such a case study, and provide the kind of analysis that allows it to be an effective teaching tool.

The first half of this book (over 100 pages) presents a labor mediation involving an opera company and its orchestra. The setting involves a continuing negotiation that has been unsuccessful in resolving the many issues presented and the intervention of a mediator at the request of both parties. Unlike some case study presentations, however, we are offered not merely a transcript of the mediation process, but a detailed analysis of the process through the conversations between the mediator and an observer of mediation, the presentation of the mediator's private notes made during the process, and marginal notations raising issues of mediation process as they occur. Through the ten days of mediation we see the proces of issue identification and narrowing and are given the opportunity to admire the skill of the mediator in drawing the parties gradually through the process of agreement.

Following the case study, we are presented with a dissection of the case analyzing many of the process issues that it presents. Beginning with the issues of improving effectiveness of the negotiation process, we are then led through the identification of issues of conflict, the process of resolution of these conflicts and the finalization of "the deal".

The remainder of the book attempts to generalize the knowledge gained from the case study to other circumstances in which mediation would be appropriate (ie. business disputes, family problems, etc.). Finally a brief chapter compares the mediation process to other dispute resolution techniques from force to litigation and attempts to resolve the issue of the appropriateness of the use of mediation.

The book is clearly written and will provide a very useful tool for those attempting to expose a new audience to mediation techniques. In addition, experienced mediators will be able to learn a great deal from the effective implementation of the mediation process that is demonstrated in the case study. While the book will be most useful to those involved in labor/management disputes, it will also be useful to those involved in other forms of mediation.

* * *

Gruenberg, Gladys W., Arbitration 1988: Emerging Issues for the 1990s, BNA Books, 1231 25th St., Washington, DC 20037 (408pp $35 1989) (7/89)

Book review by James B. Boskey

Arbitration 1988 offers the proceedings of the forty-first annual meeting of the National Academy of Arbitrators. The issues presented cover the range of "hot topics" in labor arbitration law and practice from management, labor, and neutral viewpoints. The topics covered range widely, and the presentations are generally quite useful. Gladys Gruenberg deserves substantial credit for the excellent editing job that she has done in the presentation of these materials.

* * *

Fitzduff, Mari, Community Conflict Skills: A Handbook for Anti-Sectarian Work in Northern Ireland, Community Conflict Skills Project, 84 Drumaney Road, Cookstown, Co. Tyrone, Northern Ireland (173pp 4.50 1988) (3/89)

Book review by James B. Boskey

This Handbook provides a series of exercises for use by those attempting to ameliorate community conflict in Northern Ireland. The exercises, which last from 1 minute to 2 hours provide opportunities for the participants under the leadership of an anti-sectarian worker to explore their attitudes towards the situation in that country and towards the use of violence as a means of resolving those issues. In addition to the exercises, the Handbook provides guidance to the anti-sectarian leader as to techniques to improve the analytical process for the group. While very specifically directed to the problems of Northern Ireland, many of the exercises could easily be adopted in other contexts, and they would provide a useful base for any group worker.

* * *

Girard, Kathryn, Rifkin, Janet and Townley, Annette, Peaceful Persuasion: A Guide to Creating Mediation Dispute Resolution Programs on College Campuses, Mediation Project, Univ. of Massachusetts, Amherst, 425 Amity Street, Amherst, MA 01002 (132pp no price stated 1988) (11/88)

Book review by James B. Boskey

The use of mediation as a means of resolving disputes on a college campus has many advantages including the avoidance of legal process, the maintenance of an appropriate atmosphere on the campus, and the introduction of students, faculty and administration to an efficient means of resolving disputes in other areas of their relationships.

The University of Massachusetts, Amherst has been one of, if not the, leading school in the implementation of such a program, and the founders of that program together with some of the project staff have put together a useful guide to the implementation of such programs on other campuses. While the primary focus of the volume is directed at collegiate institutions, the volume would be equally useful for other educational institutions from elementary through graduate schools.

After an introduction to the nature of mediation and the potential role of a mediation program in a college community, Peaceful Persuasion provides a highly pragmatic guide to the implementation of a program. Both planning and long-term operations issues are discussed, including problems of funding as well as training of mediators and types of cases appropriate to mediation. The discussion is illustrated throughout with example cases from the Amherst program. Unfortunately the authors did not see fit to include information about another innovative ADR program at Amherst, the Ombudsperson program, which is a useful supplement to the mediation program, but the volume is, nonetheless, a well-written and useful guide for anyone considering establishing a similar program at another school.

* * *

Leeson, Susan M. and Johnston, Bryan M., Ending It: Dispute Resolution in America, Anderson Publishing Co., 2035 Reading Road, Cincinnati, OH 45202 (164pp $19.50 1988) (11/88)

Book review by James B. Boskey

Despite some possible confusion created by the title (my wife read it and asked me "Why are you reading a book about ending dispute resolution in America"), Ending It is designed as a law school casebook for use in a course in dispute resolution or as a supplement to use in a civil procedure course. It follows a modified traditional casebook method in presenting the range of dispute resolution techniques and providing a basis for their discussion. It will be especially useful to traditional law professors who are not comfortable in teaching a course without cases to analyze, as each section of the book is supported by a series of cases demonstrating some aspects of the judicial response to the technique under discussion.

The book consists of six chapters, each, after the first (which is a brief general introduction), addressing a major area of dispute resolution. The primary topics included are: litigation, voluntary arbitration, court-annexed arbitration, negotiation, and mediation. Each of the chapters is organized similarly, beginning with a general discussion of the technique and description of how the technique works. This is followed by an analysis of the burden of persuasion and role of the lawyer in the relevant technique. For each technique discussed an example (or hypothetical model case) is presented followed by a discussion of trends in the area. The trends section introduces alternative techniques that are related to the primary one (ie. minitrial is discussed as a trend in the section on negotiation and med-arb in the section on mediation). Finally, a series of traditional appellate cases is provided which discuss some aspect of the subject matter.

Overall, my impression is that the discussion of each topic is too brief to be of great assistance in a law school class on ADR. Also, the emphasis on case law seems inappropriate in a book designed, at least in part, to introduce non-litigation techniques to the student. The book would perhaps be most useful in an undergraduate course in dispute resolution or possibly for use by a teacher who is relatively unfamiliar with the area as a supplement to one of the traditional first year courses.

* * *

Johnston, Janet R. and Campbell, Linda E.G., Impasses of Divorce: The Dynamics and Resolution of Family Conflict, The Free Press, 866 Third Ave., NY, NY 10022 (270pp $25 1988) (11/88)

Book review by James B. Boskey

Every divorce mediator has at one time or another faced an intractable couple for whom the very concept of agreement seems an impossible dream. In some cases such a couple can be brought to agreement by a skilled mediator, but the techniques of dealing with such couples tend to be haphazard, and success in accomplishing an appropriate resolution is often accidental.

The idea of being faced with a large selection of such couples may strike the average mediator as a horror story, but Johnston and Campbell have undertaken mediation in such settings with remarkable success and here report analytically on the sources of such apparently irremediable conflict and on manners of dealing with it successfully.

The research project that is reported here was based on referrals by a California matrimonial court of its most intractable cases. The authors provided mediation and, in many cases, therapeutic services to assist the couples in resolving their difficulties.

The first lesson to be learned from this study is that there are no easy answers. The model of intervention developed for these couples is both complex and expensive and takes, often, an extended period of time to be effective. Nonetheless, with patience and endurance the authors have shown that many of these couples can be helped.

Of perhaps even more importance than the program description is, however, the analysis that the authors provide of the sources of intractable conflict. A careful reading of this material, which makes up the bulk of the book, will be of assistance to therapists, mediators, judges, attorneys and others dealing with marital discord in evaluating the suitability of their model of intervention for a particular couple and beginning to answer the oft repeated question of how do you determine which couples are suitable for mediation.

The book is very highly recommended as the information contained in it is unique and the analysis provides serious insights into the process of dealing with the intractable family as well as some guidelines to prevent such intractability from developing.

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