This is a review of the book Lawyer Negotiation: Theory, Practice and Law, by Jay Folberg and Dwight Golann.
(9/08/17)Gregg Relyea, Joshua N. Weiss
This article includes reviews by Dan Shapiro, Director, Harvard Law School, International Negotiation Program, and other notables, including Bill Ury and the Dalai Lama, of the children's book Educating the Next Generation in Conflict Resolution: A Review of "Trouble at the Watering Hole: The Adventures of Emo and Chickie" by Gregg Relyea and Joshua Weiss.
(9/07/17)Klaus Peter Berger
This is a book review by Michael Leathes of Private Dispute Resolution in International Business; Negotiation, Mediation, Arbitration by Klaus Peter Berger.
(9/06/17)Joshua N. Weiss
This is a book review by Joshua Weiss of the book Mastering the Art of Negotiation.
(2/17/17)John Fiske, J Anthony Licciardello
Divorce mediators can greatly benefit from reading and having readily on hand this new book by a Certified Divorce Financial Analyst who understands that divorce should be a planning process.
I recently had a chance to talk with Lainey Feingold, the author of a great new book on negotiation, which she describes below.
This book is a collection of previously published essays by two outstanding lawyers, one of whom is a well respected arbitrator, who practice labor and employment law in Michigan. The essays - witty, thought provoking and insightful - are drawn from experience in the trenches. They address lawyering, brief writing, mediation and arbitration, civility, persuasion, life, and MORE!
(8/19/16)F. Peter Phillips
The ABA Business Law Section has about 50 substantive committees, many of which include subcommittees addressing dispute resolution in their field. In the past several months, many members of these various entities undertook a collaborative effort to “cut across the solos.”
(4/08/16)Patricia Porter, Lynne Kinnucan
Stop Avoiding Conflict: Learn to Address Disputes Before They Erupt, Pattie Porter's new Minibuk, expands the conflict territory by focusing on the sabotaging effect of conflict avoidance.
As a mediator, I have often had a party tell me that she will not settle on the terms proffered because, “It is all about principle!”
(2/26/16)F. Peter Phillips
Of all the volumes on mediation — many of them very good, some of them of great practical value — few are “must-have” volumes, in my mind. One “must-have” is Dwight Golann’s Mediating Legal Disputes. It is well-thumbed and as recently as last night I had occasion to pull it down to review techniques for overcoming impasse.
If you are looking for a inspiring read, consider 'Women at The Hague: The International Congress of Women and Its Results' authored by three American women: Jane Addams, Emily Green Balch and Alice Hamilton. I have two copies. An original published November 1915 by Macmillan Company. The second is a soft-cover published in 2003 by the University of Illinois Press with an enriching preface by Professor Harriet Hyman Alonso, City College of New York.
(5/15/15)Ken Johnson, Barb Caffrey
"Unbroken Circles for Schools" is an excellent nonfiction read about conflict, social justice, and restorative justice. Mr. Johnson's premise is that our criminal justice system is doing juvenile offenders a grave disservice. Rather than sending juvenile offenders into the prison system (where they mostly learn only to re-offend), we need to teach the principles of restorative justice instead -- and where else should these principles be taught but in the schools?
(5/08/15)John Sturrock, William Ury
“In the morning when I look at myself in the mirror, I like to remind myself that I am seeing the person who is probably going to give me the most trouble that day, the opponent who will be the biggest obstacle to me getting what I truly want.”
(4/10/15)Lisa Parkinson, Sabine Walsh
Whether for family mediators in particular, or family lawyers in general, Lisa Parkinson’s third edition of ‘Family Mediation’ is the authoritative textbook and guide that no professional adviser in family disputes should be without.
(3/25/15)Donald T. Saposnek
'The Master Agreement' offers a comprehensive manual of issues, clauses and phrases for use in drafting Marital Settlement Agreements. The author capably provides a collection of relevant issues and then a multitude of options for clauses to include in your divorce and separation agreements. This book is unique, of very high quality, will save you time and elevate the quality of your drafting.
The Children and Families Act 2014 is focusing more attention on the role of family mediation in the family justice system. Family mediators have been given greater responsibility to encourage consideration of non-court dispute resolution processes before application is made to the family court, and to assess the suitability of mediation in particular circumstances.
(2/13/15)Jeff Thompson, William Ury
William Ury, coauthor of the international bestseller Getting to Yes, returns with another groundbreaking book, this time asking: how can we expect to get to yes with others if we haven’t first gotten to yes with ourselves?
Renowned negotiation expert William Ury visited Google's Cambridge, MA office to discuss his book, "Getting to Yes with Yourself (and Other Worthy Opponents").
When people have lived with an ongoing conflict for a while, it is often hard for them to find a new identity. Conflict often becomes a part of people and fuels their fire. After conflict, it is important to take to heal and find ways to fuel a new fire. This book excerpt discusses that process.
Preview an excerpt of Elinor Robin's new book. Most of its content is relevant to the work we do as mediators, but not typical of the information generally presented during a mediation training program.
In Tammy Lenski's latest book, The Conflict Pivot: Turning Conflict into Peace of Mind, I have discovered a rich resource that I can use in the moment while I’m working with clients, and which I can give to my clients to guide them when they're in the grip of a conflict. This article summarizes the book and explains why it is so valuable.
Everything is Workable (Shambhala, 2013) is Hamilton’s book about how to live consciously in a world sated with conflicts. She acknowledges that learning conflict skills asks something of us: 'The more intimate we become with human suffering, the greater our compulsion to serve others.'
The traditional view is that a mediator is a neutral, third party who helps two or more conflicting parties cooperatively resolve their differences. Interestingly enough, this belief is analogous to the Cartesian-Newtonian epistemological position that holds that one can be an independent observer of an objective world, in science or in daily life. However, I am skeptical about this position, both epistemologically and clinically. What remains an open question is whether a mediator can actually ever be a 'neutral third.'
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Never before has an attempt been made to capture the distinctive qualities and differences that combine to make mediation eclectic and also truly comprehensible. Until now. 'The Variegated Landscape of Mediation' (Eleven International Publishing, July 2014) is a collaboration of around 90 of mediation's thought leaders from around the world. It is the first work that explains on a global plane how mediation has cross-pollinated itself into such a kaleidoscopic display of both consistent and contradictory features.