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Douglas Noll, Peacemaking: Practicing at the Intersection of Law and Human Conflict (cascadia 2003)
Book review by Joe Epstein (Conflict Resolution Services, Inc., joe@crs-adr.com)
Peacemaking is a powerful and perceptive book by IAM member, Doug Noll. While thought provoking, the book is not easy reading as Noll consistently challenges lawyers and law students to go beyond our standard training. Students will be challenged by its non-traditional approach and breadth, while experienced mediators will be reacquainted with forgotten theories and stretched by creative new analysis.
Noll distinguishes "peacemaking" from mediation by stating that the former "seeks positive peace - restored relationships, personal responsibility and apology and forgiveness..." while "mediation concentrates on the cessation of conflict..." (p.57). Furthermore, in "peacemaking" people are asked to activate their capacity for good. (Id).
Delightfully, Noll devotes a whole chapter to apology and forgiveness. He notes that, while apology cannot undo what has been done, it nonetheless manages to do just that if there is acknowledgement of responsibility, genuine sorrow, and regret (p.415). He notes the courage that a full apology requires (p.417).
To practicing mediators it is refreshing to have a perceptive educator and mediator explore the neuropsychology of conflict. Noll speaks about feelings and emotions. He explores the presentation of fear, anxiety, humiliation and anger as they arise in mediation. These are factors that practicing mediators deal with but do not often read about in traditional ADR textbooks.
Candidly, I never thought that anyone could write a chapter on Game Theory that would resonate with me. In successfully doing so, Noll reinforces his status as both an educator and practitioner. His discussion of Game Theory bluntly states that "asymmetric information is a primary reason for impasse" (p.353). Cases may reach a total roadblock when parties refuse to share information and, therefore, are unable to address their true underlining issues. Noll then makes a cogent observation (pp.356-357) that mediators can take one of three tracks to increase information efficiency:
"First, they can commit the parties to break off negotiations when private representations indicate no gains from trade are possible. Second, they can commit the parties to divide equally the gains from trade. Finally, mediators can commit to send 'noisy' information disclosed during private caucuses.".
Noll places a premium on peacemaking, stating that peacemakers promote understanding (p.440); are leaders (p. 441); must provide a non-anxious presence (p.442); must establish and rules (Id); must create a momentum of agreement (p.443); and must obtain a commitment to cooperate (pp.444-447). Importantly, Noll notes that "peacemaking" is value-based as it is premised on the assumption that relationships are as important as individual rights. Finally, Noll's ten principals of "peacemaking" are powerful (pp.52-54).
For exploration of a creative and thoughtful approach to mediation, you should read fine book. This review can only touch on the depth of information, discussion and analysis in Peacemaking. In conclusion, it is noteworthy that Noll's methodology has its clearest application where there are ongoing
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