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Title: Butterworths Mediators on Mediation
Editors: Christopher Newmark and Anthony Monaghan
Publisher: Tottel Publishing
Date: 2005
Reviewed by Joe Epstein (Conflict Resolution Services, Inc., joe@crs-adr.com)
This is a marvelous book written by leading mediators (mostly from the United Kingdom) for other mediators and for experienced negotiators. While the editor notes that just ten years ago mediation was in its infancy in the United Kingdom that is not evidenced in this sophisticated compilation. Thoughtful insights abound in this helpful "how to" book.
Karl Mackie describes how mediators might deal with impasse in his thoughtful chapter Breakthrough: Overcoming Deadlocked Negotiations (P106 - 123). Mackie suggests that we address and acknowledge differences as in values and in principles but "glide past them into pragmatic settlement zones." (P 105). But when deadlock occurs
"the mediator cannot and should not take deadlock at face value, but be sensitive to what underlies it and therefore able to determine both how to test the accuracy of the diagnosis, then the appropriate remedial measures that must be tried to overcome the particular problem." (P 109)
Mackie concludes this chapter by noting that deadlock is a characteristic norm of commercial mediation and that parties and mediators must have many methods ready to overcome deadlock. (P 119). We must, he says, recognize impasse as an invaluable stage in the mediation process. (Id) He says:
"[i]t is a signal to the parties that they have reached a critical choice-point in their decision making." (Id).
It may let parties know how strongly their opponent feels and may cause a reappraisal. Id. Parties may be required to stretch and be creative Id. Finally, it may signal that the time for closure has come. Id.
IAM Fellow, Tony Willis' chapter outlined, Creative Solutions when Only Money is at Stake (P. 129 - 145) must be read by negotiators and mediators alike. In abbreviated fashion his five rules for successful mediation are:
"Rule 1 - Every negotiation must be planned....
Rule 2 - Every negotiation necessarily involves movement...
Rule 3 - Never impose pre-conditions, they will only come back to bite you...
Rule 4 - Credible moves usually beget credible responses....
Rule 5 - No negotiation is over until it's over."
How Disputes Resolve - The Inner Processes of Settlement (P 146 - 164) by Nicholas Pryor contains a number of thought provoking premises. Three key premises offered by Pryor are:
"Premises 3: Settlement has little to do with answering the question 'Who is right?'" (P 152)
"Premises 4: Where the settlement can be reached is ultimately more important than why settlement is reached there." (P155).
"Premises 5: Settlement is a process of evaluation, and finding the highest price for the overall settlement package." (P 153 - 156).
With regard to the later point Pryor asks the claimant to consider the value of a certain result today versus an uncertain result at an unknown time in the future at an unknown cost. He suggests that parties consider certainty, finality, and opportunity costs and the value of closure.
Other chapters focus on preparation, timing, use of caucuses and general sessions, and personalities in mediation. Other must read chapters are Tony Allen's Painful Problems: Mediating Injury-related Cases (P 206 - 228), David Richbell's Mediating Multi-party Disputes (P229 - 238), Eileen Carroll's and Dr. Karl Mackie's The Impossible Takes a Little Longer - Mediating Really Complex Cases P239 - 247), and Co-mediation (P 297 - 301) by David Richbell. The chapter on the business practice of U.S. mediators, by the always entertaining and enthusiastic Bob Creo, Past President of IAM, is another chapter readers will want to linger over.
This book is recommended for both the sophisticated users of ADR Services and experienced mediators.
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