Reviews by James B. Boskey
Online Reviews of Dispute Resolution Literature from The Alternative Newsletter - March 1998
See other Boskey reviews written between 1997 and 1999.
visit the Network online bookstore
![[]](/buttonCAMS.gif){kind=small}
Burgess, Heidi and Burgess, Guy M., Encyclopedia
of Conflict Resolution, ABC-Clio, 130 Cremona Dr., Santa
Barbara, CA 93117 (366pp $55 1997) ISBN: 0874368391
Review by James B. Boskey, first published in "Alternative Literature: Books in Review," The Alternative Newsletter, ed. James B. Boskey, Seton Hall Law School, Newark, New Jersey, March 1998.
In preparing an encyclopedia or similar reference work for a particular field there are a near infinite number of decisions that have to be made which will influence both the style and content of the resulting volume and its likely audience. Heidi and Guy Burgess of the Conflict Resolution Consortium at Colorado, have clearly been fully cognizant of the need to make these decisions, and the resultant volume comes across as a thoughtful, well written, and remarkably concise work that addresses a real need in the field without attempting to be all things to all people.
The first thing that stands out in reviewing the Encyclopedia is the quality of the writing and editing that has gone into this work. Writing well, which the Burgesses clearly do, is only the first step in the process. Each article in the encyclopedia provides an analytical overview of its subject in clear and direct language, not attempting to exhaust the learning on the subject, but rather to provide enough information to allow the reader who is unfamiliar with the topic with an understanding of the meaning of the term used and its place in the dispute resolution continuum.
While an ambitious undertaking, there is not an attempt by the Burgesses to be comprehensive in their coverage of the field. They have largely decided to consider negotiation in the context of other dispute resolution mechanisms and not to deal with the range of named negotiating tactics except in this context. They are strong on the general conflict resolution and peace movements, but pay somewhat less attention to the organizational, labor, and business dispute resolution areas. The coverage of process and process terms is very good, although no list of such terms can begin to be comprehensive, and they have included, by name, many of the early leaders in the field (eg. Mary Parker Follett, the Bouldings), a knowledge of whose work should be a part of the cultural heritage of modern dispute resolvers. Wisely, they have largely avoided mention of most of those still active, avoiding the jealousies that such a listing would bring, although I would probably have given Frank Sander an article anyway on the basis of the conceptualization of the multidoor courthouse. They also include articles on many of the leading institutions in the field, including, I am honored to say, this newsletter.
Nobody will agree with all of the decisions that the Burgesses have made here, but it is unlikely that anyone will be seriously offended by them either. This is a book that everyone in the field will want to have on their shelf as a reference, but which will also provide many hours of pleasurable reading. In addition the lists of organizations, publications, and the like in the appendices and especially the thirty page list of references will be invaluable. Even for those with a long history in the area, almost every article will contain some information that they did not know or had forgotten, and the reminder will frequently bring a sharp flash of pleasure.
Roberts, Marian, Mediation in Family Disputes
(2d ed.), Ashgate Publishing Co., Old Post Road, Brookfield, VT
05036 (224pp $59.95(c) $28.95(p) 1997) ISBN: 1857423186/3151
Review by James B. Boskey, first published in "Alternative Literature: Books in Review," The Alternative Newsletter, ed. James B. Boskey, Seton Hall Law School, Newark, New Jersey, March 1998.
Marion Roberts' Mediation in Family Disputes remains, in its second edition, one of the finest training manuals for divorce mediators available on the market. Although it is written for an English or Welsh audience, and detailed and careful attention is paid throughout to both the law and the practice in those nations, the description of the mediation process, the sense conveyed of the respective responsibilities of the mediator and the parties, and the acute analysis of the various factors that make mediation successful or unsuccessful are usually generalizable to divorce mediation in other settings. As Roberts, herself, points out early in the book, the areas of emphasis in mediation will often be quite different from culture to culture, but the underlying principles of negotiation and disputing are less changeable.
For those familiar with the first edition, the basic format of the book has not changed greatly, but the entire book has been rewritten and updated within that format. Not only does Roberts take account of changes in the law, but she is fully conversant with the mediation literature on both sides of the ocean, and draws on the best authorities to support, and suggest directions for amplifying, the ideas that she presents. Where there has been new writing or thinking in an area of divorce mediation practice, she is fully aware of it and calls it gently to the reader's attention.
The book combines the best features of a text and a training manual. Scholarly in content, with strong use of references to support the discussion, it is, nonetheless, written in clear and direct english, and issues are laid out in a manner that makes them accessible to the intending practitioner as well as the academic or experienced mediator. The book begins by looking at the nature of family mediation and the emergence of its active use in England and Wales. The advantages of the process and its limits are clearly discussed, and the relationship between mediation and litigation clearly defined. This is followed by an exceptional discussion of the state of the law governing divorce and related family issues in the territories under consideration. Not only is this up-to-date, but the distinction between legal mandates and guidelines is clearly maintained and the scope of party autonomy nicely delineated.
Following these introductory materials, the remaining chapters present the mediation process. Beginning with an analysis of the difference between conflict and dispute and between negotiation and bargaining, Roberts focuses on the empowerment process and the role of the mediator in protecting the parties by providing them with a full understanding of the range of their potentials solutions to the issues that they face. She examines the role of the mediator and the strategies used in mediation sessions clearly, and focuses on the proper, and improper, use of caucuses in the process. She discusses the involvement of children in the mediation process and addresses, too briefly for my taste, some of the non-divorce areas where children's issues can be effectively addressed in mediation.
The finest element of the book is, however, the final chapter, which deals with the question of fairness in the mediation context. Here Roberts draws on the full range of mediation knowledge to address some of the difficult ethical considerations that have been raised about family mediation and mediation in general, and provides a clear, carefully reasoned, response that proposes serious attention but not paralyzing hesitation in dealing with these concerns.
Also included is an extended bibliography and a list of useful organizations.
Cronin-Harris, Catherine, Building ADR into the
Law Firm: ADR Systems Design, CPR Institute for Dispute
Resolution, 366 Madison Ave., New York, NY 10017-3122 (169pp $95
non-member $55 member 1997)
Review by James B. Boskey, first published in "Alternative Literature: Books in Review," The Alternative Newsletter, ed. James B. Boskey, Seton Hall Law School, Newark, New Jersey, March 1998.
Cronin-Harris, Catherine, Executive Summary - Building ADR into the Law Firm: ADR Systems Design, CPR Institute for Dispute Resolution, 366 Madison Ave., New York, NY 10017-3122 (16pp free 1997)
In the last issue of the newsletter, I favorably reviewed the companion volume to this, Building ADR into the Corporate Law Department: ADR Systems Design. Unsurprisingly, the implementation steps are substantially identical in the two books, however, the examples used to support those steps, both in the practice notes which support the explanation of the steps and, perhaps even more importantly, in the appendices where procedures and forms from successful programs are offered, are tailored to the needs of the law firm in this case where they were directed to the corporate law department in the other. The complete program descriptions which graced the earlier version are absent here, but are also less necessary as firms differ, inter. se., less than corporations.
The similarity between the two books means that few readers, other than comprehensivists like me, will want copies of both, but either one will be very useful for its intended audience. These are practical "how to" manuals for the establishment of useful and needed programs.
Brodow, Ed, Negotiate with Confidence, AMI
(American Media Incorporated), 4900 University, West Des Moines, IA
50266-6769 (97pp $12.95 1997) ISBN: 1884926509
Review by James B. Boskey, first published in "Alternative Literature: Books in Review," The Alternative Newsletter, ed. James B. Boskey, Seton Hall Law School, Newark, New Jersey, March 1998.
Negotiate with Confidence is an excellent example of the non-academic negotiation training manual. Written concisely, clearly, without footnotes or other reference to authority, it conveys a good understanding of the negotiation process in the transactional setting. It uses simple fill in the blank and short answer questions at the end of each chapter to reinforce the formal learning, and, if combined with some strong simulations, would provide an excellent basis for a sophisticated multi-day training program in negotiation skills.
Needless to say, one cannot encompass all of the learning that might be desirable in 97 pages. Brodow offers no information on assisted negotiation, and his discussion of issues such as cultural factors and team structure are cursory at best, but the fact that they are addressed, and accurately within the limits of his space, is impressive and makes this work stand out from the crowd of training manuals.
The book is divided into seven chapters. It begins with a discussion of the reasons for negotiation including a brief look at the difference between cooperative and competitive negotiation. It then turns to a look at the characteristics that make a negotiator effective, using this to focus the reader on the fact that negotiation skills can be learned and are not some form of innate nature of the individual.
The remainder of the book, except for a final chapter that acts as a review of the principles discussed earlier, breaks the negotiation process into three issues. First it discusses the process of planning for negotiation, the need to develop targets, batna's (the term is not used), and plans if it is necessary to walk away from the negotiation. Also addressed are questions such as how to develop power in the negotiation setting, use of team v individual approaches, and related matters. The second stage looks at negotiation strategies. Separate chapters examine adversarial and cooperative strategies and suggest ways of effectively using each. While the author clearly inclines to a cooperative approach, I am impressed by his clarity and directness in dealing with adversarial process. Finally, the book looks at some basic negotiation tactics and how they can be employed, or dealt with, effectively.
Overall, this is clearly one of the better training books for negotiation programs and one well worth considering for use in a corporate or similar setting. It is more sophisticated than many of the books of this type and does not make the common error of assuming illiteracy on the part of the trainees.
Hill, Marvin F. Jr., Sinicropi, Anthony V., and
Evenson, Amy L., Winning Arbitration Advocacy, BNA Books,
1250 23rd St. NW, Washington, DC 20037-1165 (553pp $75 1997)
ISBN:157018061X
Review by James B. Boskey, first published in "Alternative Literature: Books in Review," The Alternative Newsletter, ed. James B. Boskey, Seton Hall Law School, Newark, New Jersey, March 1998.
The role of the advocate in labor arbitration practice has been looked at by many authors, but few with the acuteness of vision and breadth of experience demonstrated in Winning Arbitration Advocacy. While this book can serve well as a source of ideas on the presentation and defense of grievances, it goes beyond this, elaborating a serious and respectful rethinking of the way in which arbitrations are handled and the proper role of counsel in their management. Taking a strong ethical perspective, without sacrificing a clear understanding of the realities of the arbitration table, the authors offer a valuable analysis of the art of representation in the grievance context.
The book is divided into three parts. The first, Arbitration Advocacy: Skills, Procedures and Guidelines, begins with a useful chapter setting the context for labor arbitration and some of the philosophical underpinnings which underlie the remainder of the book. This includes consideration of the appropriate level of "legalization" in arbitration and related issues about responsibility to client and the labor community. The section continues with chapters on prehearing matters, an extended consideration of the presentation of the arbitration case, examination of potentially problematic issue in the case such as perjury, absence of a party, management of the settlement process, and evidentiary issues, and posthearing issues, both briefing and challenge to the award. The second section, Special Topics, examines problem areas for the advocate. Chapters address drug and alcohol cases, discrimination, sanction for off-duty conduct, and the special problems of public sector arbitration. The third section consists of a single chapter on common errors made by advocates in arbitration.
This book will serve both the beginner and the experienced advocate well. It is not designed to, and will not, substitute for a text on labor law, but it will help to guide the advocate in determining the most effective way of presenting a case. The authors' long experience on all sides of the arbitration table shows in their depth of understanding and the range of their concerns.
American Arbitration Association, ADR & The
Law (1997ed), American Arbitration Association, 140 W 51st St.,
New York, NY 10020-1203 (639pp $85/$75 AAA members 1997)
Review by James B. Boskey, first published in "Alternative Literature: Books in Review," The Alternative Newsletter, ed. James B. Boskey, Seton Hall Law School, Newark, New Jersey, March 1998.
The American Arbitration Association's series ADR & the Law (formerly known as Arbitration and the Law) has long been established as a useful compilation of materials that serves both as a reminder of the events of the prior year and, like an encyclopedia yearbook, to update other resources in the field. The biggest change this year is the decision of the AAA that it could no longer "go it alone" and to elect to copublish the volume with the Fordham International Law Journal and the Fordham Urban Law Journal as parts of volumes 20 and 24 respectively. This decision has somewhat modified the appearance of the book, but has not substantially affected its contents.
The contents of the volume are divided into three sections: General Commercial Alternative Dispute Resolution, International Alternative Dispute Resolution, and New Rules and Procedures. In addition appendices provide a list of AAA offices and an index and table of cases.
The first section is divided into seven chapters. The first chapter presents summaries of the four major US Supreme Court cases of the year. Chapters two through six are organized in a common form. Each chapter deals with a particular substantive area of dispute resolution, beginning with a digest of relevant federal and state cases followed by one or more brief articles, labeled commentary, discussing some aspect of the field and written by an expert in the area. Most of them are reprinted from other publications, but having them collected in this manner is useful and they are well selected and generally authoritative. The substantive area covered are: securities, labor and employment, construction, insurance, and miscellaneous commercial fields. The final chapter in this section deals with legislation and court rules and presents information on the US Department of Justice's use of ADR and on developments in thirteen states.
The second section is organized similarly. Chapter 8 presents the international case digests and a series of commentary articles on a range of international dispute resolution topics. Chapter 9 presents the new United Kingdom and Brazilian arbitration acts.
The final section offers in one chapter a selection of new AAA rule sets for arbitration and mediation in differing settings, while the final chapter presents two ethics codes, one for commercial arbitrators and the other for mediators.
I have always found these volumes useful and expect to find this one the same. The price is a bit high for individual purchase, but most serious law libraries will want to have this work available.
Connor, Desmond M., Public Participation: A
Manual, Connor Development Services, Ltd., 5096 Catalina
Terrace, Victoria BC V8Y 2A5, Canada (38pp Can$9.75 1997)
Review by James B. Boskey, first published in "Alternative Literature: Books in Review," The Alternative Newsletter, ed. James B. Boskey, Seton Hall Law School, Newark, New Jersey, March 1998.
Connor, Desmond M., Participatión Pública: Un Manual, Connor Development Services, Ltd., 5096 Catalina Terrace, Victoria BC V8Y 2A5, Canada (38pp Can$9.75 1997)
Desmond Connor is a one man stakhanovite production unit of materials on public participation in governmental planning and activity. A consulting sociologist-anthropologist he has promoted public consultation across Canada and played a leading role in promoting this "adr like" process through the International Association for Public Participation and elsewhere. In addition to being an effective consultant and practitioner he is an evangelist for the public interest.
The two manuals under discussion are the English and Spanish language versions of the same work. While similar, they are not merely translations of each other as the two volumes offer different case studies. Essentially, however, each is designed to provide a quick and dirty introduction to the public consultation process.
The books begin with an overview of the need for prevention and resolution of public controversies and then turn to a case study of the use of the technique in herbicide treatment in Alberta (a brief summary of the process by a member of the Alberta Forest Service, who implemented it.) This is followed by a discussion of the techniques involved, an example of a display advertisement for the process, a discussion of some elements of program design, and some additional case studies. In the English version these are Victoria, BC Eaton Centre project and the Nootka Sound stability coalition near Vancouver. In the Spanish volume the programs are ones involving (assuming my Spanish is sufficient that this is correct) a mining project in Chile and a planning process in Mexico.
The brevity of these manuals makes me doubt whether they provide sufficient information about the process to allow one without other knowledge to implement it, but they provide a sufficient picture of the process to encourage the reader to explore further for additional assistance in putting the process in place.
Kaner, Sam, et. al., Facilitator's Guide to
Participatory Decision- Making, New Society Publishers, PO Box
3064, Stony Creek, CT 06405 272pp $24.95 1997) ISBN: 0865713472
Review by James B. Boskey, first published in "Alternative Literature: Books in Review," The Alternative Newsletter, ed. James B. Boskey, Seton Hall Law School, Newark, New Jersey, March 1998.
And, if the reader of Desmond Connor's manuals, reviewed above, is looking for that additional assistance in developing a public participation process, one of the best placed to look would be Sam Kaner and Associates' Facilitator's Guide to Participatory Decision- Making. As regular readers will realize, acquiring most of my information from text, I generally am not favorably inclined to books that are heavily diagram based, but Kaner's work is one of the exceptions that prove the rule. The book is an unusual combination of theoretical text and trainer's manual which, despite the apparent inconsistency of these two goals, works well.
The concept of participatory decision making is a simple one that is, however, often difficult to implement effectively. Definitionally, it is any process which allows and encourages all members of a group to participate in a decision-making process. Its most common use is in large groups (anywhere over about 10 people) for determining policy issues, although it can be used to deal with any topic in which common decision making processes are needed.
The facilitation of such decision making is a complex process, and various models from the highly formalistic to the free-flowing are in use. My personal preference for less structured models is reflected in Kaner's work, although it is important to realize that such apparent lack of structure often requires more of the facilitator than the more formalized programs. The basic concept which Kaner presents is one which begins the process by encouraging expanding the range of ideas (divergent thinking) and then drawing together the range of ideas (convergent thinking) to a decision point, encouraging inclusive solutions and full, or at least broad, participation in reaching sustainable conclusions. For the facilitator the book focuses on listening skills, encouraging open discussion, chart writing, brainstorming and other similar techniques.
The book can to be used for a sophisticated training program for facilitators or to assist in implementing a participatory decision process for a particular group. Diagrams are extensively used to support textual points, and from a reading viewpoint, they are occasionally repetitive. When used in a formal training program, however, they should be quite effective. Free permission is granted by the authors to duplicate the materials in the book in the context of running a participatory decision making process, and, for a reasonable fee, in a training context.
Simon, Mary, Negotiate Your Job Offer : A
Step-By-Step Guide to a Win-Win Situation, John Wiley &
Sons, 605 Third Ave., New York NY 10158-0012 (269pp $14.95 1997)
ISBN: 0471171859
Review by James B. Boskey, first published in "Alternative Literature: Books in Review," The Alternative Newsletter, ed. James B. Boskey, Seton Hall Law School, Newark, New Jersey, March 1998.
Mary Simon, a former associate placement director at Wharton and now vice-president of a consulting firm, apparently has a firm belief that potential readers of her book on dealing with employment searches have very limited reading capacity and attention spans. The longest continuous sections of the book run 2-5 pages, and the presentation is broken into lists, pseudo-memos, checklists, bulleted lists, stories, etc. to keep the interest of the attention span challenged. It also adheres strongly to the traditional view of "tell the reader what you are going to tell her, tell her what you are telling her, and then tell her what you have told her."
The presentation is broken down into three parts, "Before", "During", and "After", referring to the negotiation process, and each of them is further broken down into subsidiary categories. The "Before" section separates analysis, evaluation, and preparation, the first part calling for the seeker to identify and prioritize her interests in the job search, compare those interests to the terms of any offer received, and consider the interests of the potential employer and how they may impact on the candidate's interests. The evaluation section deals with how to determine one's marketability and to decide whether or not to consider a particular offer. The preparation section looks a planning process which involves determining one's BATNA and predicting what will occur in the interview process and preparing responses to expected questions.
The "During" section focuses on the job interview and negotiation process. It addresses the development of negotiation skills, effective communication and listening, proper language and demeanor, and using flexibility and creativity to accomplish the goals that one has set out without necessarily concerning oneself overly with the manner in which those goals will be met. Finally, the "After" section address how to accept or reject the offer.
The actual content of the book is potentially of value to a job applicant, although the tone is so demeaning as to often disguise that value. For the reader who is not put off by being patronized with the assumption of marginal literacy, Ms. Simon provides some useful guidelines for consideration.
Ziegler, J.W. Jr., The Mediation Kit : Tools to
Solve Disputes, John Wiley & Sons, 605 Third Ave., New York
NY 10158-0012 (238pp $19.95 1997)ISBN: 0471192961
Review by James B. Boskey, first published in "Alternative Literature: Books in Review," The Alternative Newsletter, ed. James B. Boskey, Seton Hall Law School, Newark, New Jersey, March 1998.
The Mediation Kit is a creation of "Zig" Ziegler, an attorney -mediator who trained in mediation at the American Arbitration Association and who has been active with the National Lawyers Association in creating a "Section on Alternatives to Litigation" for that organization (misdenominated on the cover of the book as a "Section on Alternatives to Dispute Resolution" which raised interesting questions, but should not be held against the author).
This books clearly demonstrates the problem that arose with much of the early American Arbitration training in mediation. Mr. Ziegler is clearly committed to the idea that mediation offers in most cases a better way of resolving disputes, but the training that he received gave him a very limited view of mediation's potential and apparently did not expose him to the modern approaches to mediation or to the better writings in the field. He sees mediation as simply being a form of settlement conference, not realizing the potential of the process to improve the results for all parties. His focus is simply on avoiding litigation rather than assisting the parties in understanding and meeting their underlying needs.
The book is designed to provide information to a potential user of mediation services. In fourteen brief chapters (labeled "Tools", it presents an idea of the nature of the mediation process and suggests ways of commencing the process. He presents a single approach which does not reflect most mediation practice in the United States, but which will probably do limited harm to those who follow it. Following the "tools", the book offers an extensive collection of mediation forms including checklists, statements of facts, settlement agreements, and mediation clauses as well as a list of low cost providers, primarily units of the Better Business Bureau and some community programs. The forms appear to be ones used in his practice and several of them are clearly adapted from particular cases he has resolved. It would have been more useful to provide either generic forms or to provide information about how the forms could be adopted to disputes other than the one in which they were used.
These criticisms should not be taken to suggest any lack of creativity on Mr. Ziegler's part. He has created a web page (http://www.vortecx.com/zig.htm) from which he dispenses advice on the use of mediation, and he promotes telephonic, electronic, and multimedia mediation, both in the book and on the website. His energy is extraordinary and his commitment is real. With better training and knowledge he may yet make a serious contribution to the field.
De Dreu, Carsten K.W. and Van de Vliert, Evert,
Using Conflict in Organizations (previously listed as
Conflict Management and Organizational Performance), Sage
Publications, P.O. Box 5084, Thousand Oaks, CA 91359-9924 (240pp
$75(c) $26.95(p) 1997) ISBN: 0761950915
Review by James B. Boskey, first published in "Alternative Literature: Books in Review," The Alternative Newsletter, ed. James B. Boskey, Seton Hall Law School, Newark, New Jersey, March 1998.
That conflict is universal is now widely recognized, that it may be functionally necessary and can be productive, less so. In this volume De Dreu, Van de Vliert, and their associates examine the productive elements of conflict, primarily in a corporate or institutional setting, and suggest many of the ways in which such productivity can be recognized, realized, or enhanced. Drawing largely on authors who are leaders the conflict management community, it presents a range of new ideas and important elaborations on earlier views.
The book is divided into four sections, each dealing with a different group of concerns about conflict processes. The first section, Conflict Management and Performance, addresses the need for constructive management, rather than suppression of conflict, and introduces the point, elaborated in several later chapters, of the importance of distinguishing between affective and cognitive conflict which have different sources and consequences. The nature of constructive conflict management, its strengths in dealing with cognitive conflict and weaknesses in dealing with affective conflict are a continuing theme. This is, at least in part, explained by Tjosvold's chapter which demonstrates the importance in such management of positive linking of participant's goals.
The second section, Within-Group Conflict and Performance, focuses on conflict in team settings, probably the most popular form of organization in the corporate setting today. The tendency of teams or groups to seek concurrence, in which the suppression of conflict can lead to "groupthink" and consequent low quality decision making is set against the effectiveness of allowing minority dissent as a means of enhancing creativity and innovation. Analyses suggest factors that determine which of these results occur in particular groups, noting especially that cognitive conflict tends to be productive while affective conflict is not. This suggests that it may be useful, at least in some settings, to seek to match the values of group members on issues that are not central to the decision making process.
The third section examines the difference between in group and intergroup competition. It is important to realize that group members have incentives to compete within the group as well as to participate in intergroup competition, and that, for those group members who thrive on competition, the existence of opportunities to compete may be necessary to bring out their greatest creativity. Also in this section, Donellen and Kolb address the effects of increased diversity and conflicts rooted in such diversity on the effective management of intra team conflict.
The final section of the book offers some initial conclusions as to the consequences of the earlier papers. The authors examine both the nature of the sociocognitive errors that can give rise to, especially affective, conflict and some of the ways in which they can be addressed and also broader approaches to intervention that may restrict or prevent the development of nonproductive forms of conflict. Roger Fisher supplements this with a guide to a role for third party intervenors in using controlled simulation of conflict as a means of alleviating these other issues.
Somewhat unusually for articles from the management perspective, those in this volume are consistently clearly written and accessible to those who are not highly mathematically sophisticated. The ideas presented are, in many case, important not only in the corporate context, but also for dealing with other conflict settings, especially in small groups. Especially notable, amongst this distinguished collection are Dean Tjosvold's almost lyrical piece on conflict in settings of interdependence and Carnevale and Probst's Good News About Competitive People.
Wyvern Business Library, Negotiating
Tactics, Wyvern Business Library, Wyvern House, 6 The Business
Park, Ely, Cambridgeshire CB7 4JW, England (£14.99 176pp 1997)ISBN:
1899206116
Review by James B. Boskey, first published in "Alternative Literature: Books in Review," The Alternative Newsletter, ed. James B. Boskey, Seton Hall Law School, Newark, New Jersey, March 1998.
Negotiating Tactics offers a collection of basic and advanced ideas and approaches to negotiation from a group of twelve experienced negotiators and consultants, presented in an easy to read and useful format. It does not purport to tell the reader all that he or she needs to know about the negotiation process, nor does it seek to cover all of the tricks and techniques that one may face, but rather addresses a well selected group of subjects, attention to which will improve most people's negotiating effectiveness.
The individual topics which are covered are each dealt with in one or two pages, a limitation which is less important than it might seem as they are carefully selected and delimited to allow good coverage in this format. Each of the topics concludes with a "Checklist for Getting it Right", which provides a useful distillation and reminder of the discussion, and many include sections entitled "The way it works", which are short vignettes from the real world reinforcing the didactic lesson. The summary lessons are clearly written and carefully edited, and avoid the common mistake in such books of suggesting that they are providing complete answers rather than approaches that can be helpful. Also, they balance nicely competitive and cooperative approaches, both tactical and stylistic, demonstrating the usefulness of each in appropriate circumstances.
The topics are collected into ten chapters, allowing the reader to select those of interest or read generally. Chapters range from general negotiation practice questions (how to begin the negotiation process, dealing with bottlenecks and use of body language) through technical and tactical tricks (improving the existing agreement, threatening to cease negotiations, salami slicing, etc.) and dealing with difficulties (responding to threats, dealing with "final offers", and the like) to responding to questionable or inappropriate tactics). While one might differ with any one of the ideas presented in some respect, overall they present a powerful set of tools for the negotiator.
While this is not a book that would be adopted in an academic program, it would be a useful text for a training course for business negotiators with some experience or an adjunct text for a course for those just becoming familiar with the business negotiation process. It also would serve well for a self-teaching program for one who wants to improve his or her negotiation skills.
Raiffa, Howard, Lectures on Negotiation
Analysis, Program on Negotiation, Harvard Law School, Cambridge,
MA 02108 (158pp $12 1997)
Review by James B. Boskey, first published in "Alternative Literature: Books in Review," The Alternative Newsletter, ed. James B. Boskey, Seton Hall Law School, Newark, New Jersey, March 1998.
For any who are unfamiliar with him, Howard Raiffa is one of the premier negotiation analysis theorists in the world. His book, The Art and Science of Negotiation, is one of the fundamental readings that nobody can claim expertise in dispute resolution without having read. In this volume he presents a series of three lectures which explain how analysis can assist cooperative parties to find efficient and equitable outcomes for their negotiations. The script of the lectures is accompanied by the text of the overheads which accompanied it, and clearly some of the text has been edited for written, rather than oral presentation. Otherwise, the volume provides the opportunity to visually listen to one of the leaders in the field present his specialty. For those who are concerned with the mathematical demands that Howard often places on his readers, be assured that he has simplified the mathematics here to the point that even a poor lawyer can understand it.
The basic assumption on which the lectures are predicated is what Raiffa describes as FOTE based negotiation. This simply means that the negotiation incorporates Full, Open, and Truthful Exchange. "[T]he parties have no secrets from each other ... and divulge to each other the whole truth and nothing but the truth." This may, or may not, be a realistic description of any negotiations in the real world, Raiffa assumes it is, but he is an incorrigible optimist, but it does not matter for analytical purposes, and many of the ideas presented are only partially, if at all, dependent on the existence of this condition. He also does offer some effects where partial rather than full information is exchanged (POTE). He further assumes separate preparation for negotiation by the parties and agreed participation by them in a prenegotiation round in which they discuss process and share information and options with each other developing a template for agreement.
The first lecture deals with two-party negotiations, and is divided into three parts, an introduction (which describes the preconditions set forth above), a look at negotiations involving a single issue with many possible resolutions, and the question of "fair division", multiple issues each with two resolutions. The single issue section introduces the concept of efficiency with examples illustrating the determination of which possible contracts are, and are not efficient (Pareto optimal), as well as which are extremely efficient. The fair solution section begins with a description of three allocation systems, alternate choice, divide and choose, and point bidding (auction system), and then introduces the use of a spreadsheet system to evaluate the efficiency of solutions.
The second lecture looks at two party/ multiple issue/multiple solution problems. After a preview section it uses the AMPO v City negotiation from Edwards and White to model these systems, and follows with an example from Lax and Sebenius, Lisa v William. Again Raiffa demonstrates the effectiveness of the computer spreadsheet as a tool for such analysis. Additional sections apply algebraic analysis, critical ratios analysis, and BATNA and equity analyses to the problem.
The final lecture uses similar analysis in the context of many party, many issue, full concensus cases. It presents a multi-vote based analysis using the spreadsheet for analysis and follows with situations involving non-monolithic parties, the application of fair division in a three party system and a look at coalition analysis.
Overall the book provides an excellent review and update of the use of analysis in the negotiation area for those already familiar with the approach. For those to whom this approach is new, it provides enough basis to begin thinking about developing new questions. For the teacher of negotiation, it offers at least two options. One, specifically approved by Raiffa, is to adapt or present these lectures as a teacher, the second is to assign the lectures as text and work the problems through in class. Either will strengthen most such courses, whether they are offered in a law school, business school, or conflict resolution program.
National Association for Community Mediation,
Face to Face: Resolving Conflict Without Giving In or Giving Up:
Curriculum for Americorps and the Corporation for National
Service, National Association for Community Mediation, 1726 M
St. NW, Suite 500, Washington, DC 20036-4502 (346pp 1997)
Review by James B. Boskey, first published in "Alternative Literature: Books in Review," The Alternative Newsletter, ed. James B. Boskey, Seton Hall Law School, Newark, New Jersey, March 1998.
National Association for Community Mediation, Face to Face Workbook: Resolving Conflict Without Giving In or Giving Up: Curriculum for Americorps and the Corporation for National Service, National Association for Community Mediation, 1726 M St. NW, Suite 500, Washington, DC 20036-4502 (81pp 1997)
National Association for Community Mediation, Face to Face: A Presenter's Manual on Conflict Resolution and Communication Skills: A 6 Hour Basic Course, National Association for Community Mediation, 1726 M St. NW, Suite 500, Washington, DC 20036-4502 (70pp 1997)
The National Association for Community Mediation is one of the newer "trade" associations on the block in the dispute resolution area, but there newness has not prevented them from taking an aggressive stance on the development, improvement, and popularization of the mediation process. Under a contract with the Corporation for National Service and Americorps, they developed an extensive curriculum on conflict resolution for national use. These three volumes present that curriculum in an appropriate form for implementation in a range of settings.
The program is made up of three modules, the first two each offering about nine hours of training activities and the third consisting of two units, one about seven hours and the second five hours. It is designed to be used with a group of about 35 trainees, but is easily adaptable for smaller (and presumably larger, although the idea of training with a much larger group is rather frightening) groups. The modules need not be taught as a single unit, but can be broken into subunits to meet the needs of the training group.
The first module focuses on personal strategies for dealing with conflict, guiding the trainee in developing an understanding of the nature of conflict and the internal resources that will assist in dealing with it. It is designed for use with a trainee group with little or no knowledge of conflict and its resolution, but can also be used as a review for a more sophisticated group.
The second module deals with interpersonal strategies, building on the personal skills developed in module one. It is, like the first module, designed to promote "an effective, constructive, collaborative approach to resolving a conflict."
The third module looks at strategies for resolving intragroup and intergroup conflict. The module addresses the benefits of group and collaborative efforts, whether in teams, committees, councils, or other bodies, and provides tools for planning, conducting, and facilitating meetings as well as for dealing with conflict escalation in such settings. It also addresses the factors that increase or hinder the effectiveness of a third party intervenor.
The full curriculum is set out in the Face to Face: Resolving Conflict Without Giving In or Giving Up: Curriculum for Americorps and the Corporation for National Service volume, which is offered in looseleaf format and includes the entire text of the workbook volume. It presents the program in detail, discussing pretraining preparation on the part of the trainers, and then setting forth in detail the elements of each of the modules, including a timed breakdown for each section, trainer scripts, where appropriate, and detailed descriptions of the activities including lists of materials required and appropriate preparation by the trainer before implementing the activity. Where diagrams are used, they are provided in duplicatable form, but the program relies, appropriately, mostly on trainee developed response rather than predesigned structures.
The Face to Face: A Presenter's Manual on Conflict Resolution and Communication Skills: A 6 Hour Basic Course offers, as its title suggests, a more concise program focused on the basic skills of self management in conflict settings. It provides less background information for the trainer, but offers a useful program for settings where the more complex and lengthy one may not be usable. It largely overlaps the first module of the general program, and, it appears to me, could be difficult to implement with as large a group of trainees as the principal program.
The Face to Face Workbook: Resolving Conflict Without Giving In or Giving Up: Curriculum for Americorps and the Corporation for National Service provides the trainee with a complete set of the basic overheads and worksheets from all three modules.
Overall, this is a very impressive curriculum, which, although designed for students in their late teens, could be used effectively with groups from their early teens through post-adolescence in the schools or in the community as well as in programs like Americorps. The length of the program may limit its use in the school systems which may be reluctant to give as much time as it demands, but their students would benefit from it much as the intended older trainees would. It could also be very well used in a corrections setting, perhaps even with an older trainee group.
Farber, Donald C., Common Sense Negotiation: The
Art of Winning Gracefully, Bay Press, 115 W Denney Way, Seattle,
WA 98119-4201 (160pp $10.95 1997) ISBN: 0941920453
Review by James B. Boskey, first published in "Alternative Literature: Books in Review," The Alternative Newsletter, ed. James B. Boskey, Seton Hall Law School, Newark, New Jersey, March 1998.
In a sense it is unfortunate that Donald Farber's Common Sense Negotiation is presented and advertised as a general text on negotiation. For the lay negotiator not working in the field of entertainment, it is no more than an adequate work, but for the attorney negotiator, and especially the attorney working in the entertainment field, it is an exceptional one.
Donald Farber is an attorney specializing in entertainment law who has represented a wide range of clients in that industry from actors and authors through theater companies and theaters. Because of the nature of both the industry and his clientele, Mr. Farber is used to being in situations where any one negotiation is likely to be a prelude to a continuing relationship, and, in his many years in the industry, he has developed a good sense of how to utilize the negotiation process to encourage the building of such relationships rather than focusing on the single negotiating event which is involved in any particular transaction.
He draws on that experience to provide a good understanding of the thought processes that an effective cooperative negotiator uses to accomplish his or her goals and to suggest ways in which the inexperienced negotiator can improve both his or her understanding of the process and the results that he or she obtains from it.
The view taken, and the analysis provided, is very much from the viewpoint of the representative negotiator, and especially the lawyer-negotiator. Mr. Farber explains legal terms clearly, sometimes probably in more depth than the lawyer-reader needs, but his strength is in his understanding of the information that the representative negotiator needs to acquire to properly represent the client and how that negotiator can use that information effectively to obtain the "best results". He also, consistently, demonstrates the good sense to recognize that the best results do not always involve obtaining the last dollar in every transaction, but require consideration of the potential to build a continuing mutually beneficial relationship between the parties.
The "ground rules" that Farber presents as the basis of his approach are straightforward, and his examples of how they apply are clear and thoughtful. Similarly, his sections on the etiquette and ethics of negotiation, raise important points, which, while they could have been further elaborated, will focus the attention of the inexperienced negotiator on important process questions.
Also of real value, especially to the entertainment attorney, but also to others in the entertainment field are Farber's appendices. He offers two "deal memos", preliminary agreements that will be drafted into formal contracts like a mediation memorandum of agreement, and several sample agreements and related documents. For those in the field, these items alone would be well worth the price of admission.
Simpson, Carolyn, Coping Through Conflict
Resolution and Peer Mediation, Rosen Publishing Group, 29 East
21st St., New York, NY 10010 (100pp $15.95 1997) ISBN:
0823920763
Review by James B. Boskey, first published in "Alternative Literature: Books in Review," The Alternative Newsletter, ed. James B. Boskey, Seton Hall Law School, Newark, New Jersey, March 1998.
Apparently, the intended audience for Coping Through Conflict Resolution and Peer Mediation would be students in middle and high schools who are looking for assistance in dealing with problems that they face. For such an audience, the book offers suggestions that might be useful, but does so in a format that seems unlikely to hold their attention. The organization of the book is overly pedantic and the writing, while competent, is not good enough to overcome the weaknesses in the book's plan.
The book is divided into three parts, each containing two chapters. The first part introduces the nature of conflict with examples from the international to the interpersonal in about three pages, trying to do far more than can be done in the amount of space utilized. It then turns to describing six "conflict/styles and tactics, which turn out to be ways of responding to conflict (avoidance, denial, accommodation, aggression, compromise, and collaboration). It continues in the second chapter with interesting, but largely irrelevant biographies of Ghandi and Martin Luther King, who presumably provide models for individual conflict resolvers dealing with their personal problems.
The second part of the book, titled Handling Conflict Creatively, deals with problem solving skills. It begins by focusing on the importance of listening skills, but, unfortunately, uses an example where the problem is obtaining the attention of the listener, rather than attending to underlying messages. The point it makes, do not try to negotiate with someone who is watching a TV show, is a valid, but rather limited one. While the principle can be generalized, it is not a major focus of the active listening concept. The section continues with a conflict incident, garbage from one house being allowed to blow on the neighbor's lawn, and attempts to demonstrate how an adherent of each of the six "conflict styles" from the first section would deal with it. The responses seem exaggerated and not especially believable, and while a collaborative approach is favored, it is far from clear to the reader that it would really have been effective in the way it is proposed.
The final section introduces peer mediation. The description of peer mediation programs is adequate, but limited. Also, the suggestion that if the students in the posed conflict did not attend a school with a peer mediation program they would have limited opportunities to resolve their conflict seems inappropriate. Peer mediation may be a better, but it is hardly an exclusive, route.
This is not a bad book, but there are simply too many far better introductions to peer mediation available.
Rogan, Randall G., Hammer, Mitchell R. and Van
Zandt, Clinton R., eds., Dynamic Processes of Crisis Negotiation:
Theory, Research, and Practice, Greenwood Publishing Group, 88
Post Rd. W, Box 5007, Westport, CT 06881 (192pp $59.95 1997) ISBN:
027595224X
Review by James B. Boskey, first published in "Alternative Literature: Books in Review," The Alternative Newsletter, ed. James B. Boskey, Seton Hall Law School, Newark, New Jersey, March 1998.
Hostage negotiation is one of the most critical, in every sense of the word, situations in which negotiation skills are brought into play on a frequent basis. Most of the studies of hostage negotiation have, however, either focused on international terrorism , which is an important area, but quite distinct in many respects from most domestic hostage settings, or have been largely descriptive of particular incidents rather than offering substantial theoretical insights into the negotiation process.
This volume is an attempt to address this gap with a collation of theoretical writings by academics with substantial research background in this area supplemented by extended commentary by experienced hostage negotiators on the insights brought to the table by the academics, as well as some theoretical contributions of their own. The book also attempts to bridge the two theoretical focuses, psychological(emotional) and communicative, which have usually been brought to bear on these situations.
The first three articles survey the current state of knowledge from a dynamic, a communication, and emotion based approach. These lay a solid foundation for combining the approaches to provide a broader viewpoint in future research. One of the clear focuses of much research in this area is the development of a relationship between hostage taker and negotiator. This receives some attention, especially in a useful article by Womack and Walsh which critiques the oversimplified approach that has often been taken in examining these relationships.
Cultural dimensions are also seen as playing an important role in the understanding of the negotiation process and in dealing with the mutual (mis)understandings that may develop in the negotiation process. Hammer demonstrates that Cross-cultural knowledge, may provide important clues to the negotiator in understanding and evaluating the communications between the parties. This can be of even more importance in dealing with cults or cult-like groups, where miscommunication is likely to have been of particular importance in creating an incident. Bennet focuses on some common aspects of such organizations that provide clues to cultural context.
In some respects this volume is best seen as a prolegomena to a metaphysic of hostage negotiations. The articles are generally clear and well written, but as the editors themselves acknowlege, this is a field that is at the very early stages of developing a comprehensive research model. This book will provide important guidance to those going forward to develop comprehensive approaches to these critical events.
Poitras, Jean and Renaud, Pierre, Mediation and
the Reconciliation of Interests in Public Disputes, Carswell, 1
Corporate Plaza, 2075 Kennedy Rd., Scarborough, ON M1T 3V4, Canada
(164pp Can$38 1997) ISBN: 0459233548
Review by James B. Boskey, first published in "Alternative Literature: Books in Review," The Alternative Newsletter, ed. James B. Boskey, Seton Hall Law School, Newark, New Jersey, March 1998.
Pierre Renaud and Jean Poitras have been leaders in the promotion of the use of mediation and mediation-like devices for the resolution of public disputes in francophone Canada. Renaud, an attorney, developed the procedure used at BAPE in Quebec to resolve disputes of highway siting, and Jean Poitras, a psychologist, worked with him there and has also been an active trainer in mediation skills. In this volume, they focus on mediation as a model for the efficient resolution of conflicts in the public arena.
The books begins by focusing on the nature of public conflict, pointing clearly to the fact that conflict does not exist in this context unless there is a difference as to goals or means. Internal conflicts that do not affect decisional processes and indecision, both of which may be of real importance in dealing with interpersonal conflicts, are of less weight in this arena. Efficient conflict management requires care in the selection of process and in realizing the openings for collaborative processes.
The book then turns to an explanation of mediation. They suggest that cooperative processes are inherently more efficient, although they must be guided to fully realize that efficiency, than confrontational ones, which they suggest intrinsically lead to escalation of difference. Mediation is seen as a means of guiding the parties to the realization of these efficiencies in any case of potential conflict. The authors focus on the need for parties to wish to resolve the dispute before mediation can be effective and the need to find a "win-win" solution, points, which while intrinsically valid, could well have been elaborated with examples of how the mediator can bring the parties to a realization of the desirability of resolution, and to locating hidden win-win approaches.
The final two thirds of the book focus in detail on the mediation process in the public setting. Separate chapters deal with the role and characteristics of the mediator, a four stage model of the mediation process, an examination of the interpersonal dynamics of the process and problem solving, and finally, ethical standards for the implementation of the process. The concepts are clearly spelled out, but the descriptions of processes are a bit brief and could have benefitted from more use of examples or narratives describing their operation.
Mediation and the Reconciliation of Interests in Public Disputes is a useful contribution to the literature, and its availability in French as well as English will provide a useful common ground for cross-border practitioners. I know from reading the reports of BAPE that the authors had some exciting stories to tell of the success of the process they describe. Had they included those stories, it would have made the book even stronger.
McRae, Brad, Negotiating and Influencing Skills:
The Art of Creating and Claiming Value, Sage Publications, P.O.
Box 5084, Thousand Oaks, CA 91359-9924 (176pp $42(c) $19.95(p) 1997)
ISBN: 0761911847 (c) 0761911855 (p)
Review by James B. Boskey, first published in "Alternative Literature: Books in Review," The Alternative Newsletter, ed. James B. Boskey, Seton Hall Law School, Newark, New Jersey, March 1998.
Brad McRae combines two valuable skills, he is a good storyteller and an exceptional packrat. Combining those two skills he has put together a book which draws on a wide range of excellent sources for training ideas and offers an enjoyable collection of stories that are somewhat related to the issues he discusses, but which fails to pull these two pieces together into a coherent whole.
Mr. McRae's claim to fame, other than his doctorate in counseling psychology, appears to rest in his having been a student in training offered by some of the best trainers available. He suggests as major credentials his having "trained in negotiation skills at the Project on Negotiation at Harvard University and ... in career development skills by Richard Boles, author of What Color is Your Parachute". During these trainings he was apparently taking extensive notes, as he has reproduced major elements of each training in this volume.
While learning from the experts is not to be denigrated, standing on the shoulders of giants being an accepted means of increasing one's vision, replicating their training devices as your own, even while crediting the source, is more suspect. Creativity consists of more than simply rearranging information received from elsewhere. Even if the appropriateness of Mr. McRae's approach is accepted, and in fairness to Mr. McRae he has reordered the materials so that the sequence of materials is uniquely his own, the effective use of the training devices requires that they be placed in a context, an area of real weakness here. Mr. McRae fails to notice that when the training concepts he presents here were used, they were useful because they drew on a body of knowledge which the instructor had made available. This body of knowledge is missing from this book.
Although it appears that Mr. McRea is familiar with the background that would be necessary to explain the materials presented, he fails to include it in the book. Similarly the exercises for self-evaluation that he provides ask legitimate questions, but fail to provide appropriate context for the reader to evaluate the answers obtained. His personal stories are also attractive, but frequently seem, at best, marginally related to the issue with which he is purportedly dealing.
This book may be useful to the experienced trainer who is looking for a compilation of well tested ideas that he or she can incorporate into his or her own training. Many of the ideas are good one's, and, properly supported, will work well as they did for those Mr. McRae learned them from. As situated in this book, however, they are likely to be less than useful.
van Es, Robert, Negotiating Ethics: On Ethics in
Negotiation and Negotiating in Ethics, Eburon Publishers, Oude
Delft 224, 2611 HJ Delft, Postbus 2867, 2601 CW Delft, The
Netherlands (319pp Hfl59 1996) ISBN: 9051665393
Review by James B. Boskey, first published in "Alternative Literature: Books in Review," The Alternative Newsletter, ed. James B. Boskey, Seton Hall Law School, Newark, New Jersey, March 1998.
Van Es's treatise is a philosopher's examination of the relationship between formal ethics and negotiation. The concept of negotiation has been increasingly utilized in formal ethics, at least in part as a means of defining the potential nature of the rousseauvian social contract and determining the conditions, if any, under which negotiation is a viable way to justify moral decisions. A collateral question is whether there are particular forms of negotiation that are likely to "contribute to integrity-preserving compromises?"
The books attempts to establish the conceptual framework needed for studying the interplay between ethics and negotiation. It begins by examining the basic vocabularies used in western ethics for making moral decisions (those of the good, principles and rights, and consequences or utility), and seeks to define the boundaries between self-interest and impartiality in terms of interests as a means of focusing these approaches in a negotiation context. It then turns to an examination of the moral status of the promotion of interests, examining the relationship between desires, wishes, needs and interests and their promotion through coercion, negotiation or discussion. At a base level this suggests, but does not necessarily demand a utility based approach with the question of whether interests, etc. should be measured from an individual or collective basis considered.
In then turning to negotiating, the focus is on the promotion of interests through the negotiation process. There is a suggestion of a change over time in the use of negotiation from limited use in allocation of power, through commercial use in allocation of wealth, to use of negotiation as a means of legitimizing while limiting both of those concepts, to a modern view which permits the direct negotiation of truth and justice issue. The argument is an interesting, though ultimately unconvincing one, depending on a restrictive view of historical reality that does not seem to reflect the full breadth of the historical experience, but rather a history constructed for the purpose of the argument.
Van Es then turns to negotiating behavior, reporting on two surveys and interviews with diplomats and managers. The diplomats were asked to describe their way of negotiating, through a series of questions ranked from never to always the case. While the managers, Dutch company officials, were asked a series of similar questions. The results suggested a, not surprising, mix of cooperative and competitive negotiators and somewhat different styles of negotiation. All paid serious attention to the other party's interest as well as there own in structuring their approach. The interplay of personal interests and negotiation behavior gets some attention. Finally the book addresses the interplay between ethics and negotiation and suggests that there is a moral framework governing the negotiation process which is somewhat intrinsic to modern approaches and especially the recognition of the interests of others.
Overall this is not a terribly convincing treatise, but it does a good job of placing negotiation in the philosophical realm and providing the newcomer to these questions with some guideposts.
Kennedy, Gavin, Kennedy on Negotiation,
Ashgate Publishing Co., Old Post Road, Brookfield, VT 05036 (356pp
$89.95 1997) ISBN: 0566073021
Review by James B. Boskey, first published in "Alternative Literature: Books in Review," The Alternative Newsletter, ed. James B. Boskey, Seton Hall Law School, Newark, New Jersey, March 1998.
Gavin Kennedy may be the ultimate management consultant. He entered his field, negotiation, as an academic, not long after it began to recognized as an appropriate area of study, has read widely in the literature of the field - including making several contributions to that literature, and writes, and presumably speaks, elegantly and fluently. He combines these talents with an absolute assurance of the intensity and value of his insights and a pomposity that will reassure the potential client that no possible competitor could conceivably contribute as much to the their understanding of the world or the improvement of their processes.
Overall, his book has both the strengths and the weaknesses that that description implies. It is well written and draws effectively and, for the most part, accurately on the negotiation literature, especially, but not exclusively, from management sources. In many areas, however, where I expected new insights, I found a lack of depth and a carelessness in explaining concepts which is apt to be confusing for the reader first approaching the field through this volume. Examples are numerous, but perhaps the clearest are in the area of preparing to negotiate, where Kennedy's descriptions of concepts such as interests, priorities, negotiating ranges, and the like are, to my mind, too concise and too case specific to allow the novice reader to generalize from them to undiscussed cases. In conjunction with a seminar, this approach would be fine, as the discussion would provide the additional elaboration, but here I fear too many readers will simply lose their way.
I also find somewhat irritating Kennedy's self-promoting claims to extraordinary insights in areas where those claims are very weak. An example is his claim to have been the originator of the study of negotiation as a phased process. It is hardly a striking insight that any extended process needs to be examined in terms of its parts, rather than being dealt with as a whole. Phase analysis is implicit, and often explicit, in almost every social science analytical schema. Moreover, Kennedy himself admits that he was, at best, one of several who simultaneously introduced this approach, including Ann Douglas and perhaps Philip Gulliver. What is more, he establishes directly that this approach was at most a convenience, rather than analytical or meaningfully descriptive, by abandoning his original eight phases for a four phase analysis in response to the brilliant insight from a script writer that the eight will not fit in the twenty-five minutes available for a training tape. This is the kind of analytical acuity that wins corporate contracts, but not that adds seriously to the knowledge or understanding of the field. He also makes excellent use of straw men.
There are other analytical gaps. At one point (page 59) he misstates Fisher and Ury's view of positional bargainers, suggesting that they "have failed to grasp the difference between the allegedly fixed immutable position of a positional posturer and the more normal range of positions adopted, often explicitly, by the majority of negotiators." This is almost precisely the inverse of what Fisher and Ury are saying, but it allows him to claim credit, with acknowledgement to Walton and McKersie, for exceptional insight. Similar weaknesses appear in his application of Gerry Williams insights into types of negotiators and some of the other non-management theorists that he cites.
Kennedy rests heavily on Nash's modeling of the negotiation process as a basis for his approach, while recognizing the limitations on such an idealtypical model. He also presents his negotiation planner template as a way of analyzing and preparing for a particular negotiation. I do not find either of these approaches especially useful, they appear to generic to assist in particular transactions, but others may find them helpful guides to the planning process.
In general, I find this book disappointing, although that may relate in part to my expectations for Kennedy's work being unrealistic. I have long considered his "devil's dictionary", originally published as The Economist Pocket Negotiator and recently reissued as Field Guide to Negotiation by the Harvard Business School Press as an exceptional contribution to the literature of the field and quite enjoyed the simulations collected in Kennedy's Simulations for Negotiation Games which was published by Ashgate last year. Kennedy on Negotiation while it would be an adequate contribution by another, simply does not meet the high standards that Gavin has led us to expect from him.
I should note that a particularly nice touch in this volume is his inclusion, at the end of the book, of a final examination on the material covered, and his offer to provide an evaluation of any answers which are sent to him. This is a valuable bonus for him to offer and one which readers would be well advised to accept.
Bellard, Jan, Getting Unstuck: Transforming
Conflict form Crisis to Opportunity - A Consumer's Guide to
Collaborative Conflict Resolution, National Association for
Community Mediation, 1726 M St. NW, Suite 500, Washington, DC
20036-4502 (12pp 1997)
Review by James B. Boskey, first published in "Alternative Literature: Books in Review," The Alternative Newsletter, ed. James B. Boskey, Seton Hall Law School, Newark, New Jersey, March 1998.
This expanded pamphlet was designed by the National Association for Community Mediation (NAfCM) to provide members of Americorps with a brief overview of the uses of collaborative problem solving and conflict resolution in settings where they have not yet received the comprehensive training program which NAfCM developed, or where they need quick access to conflict resolution ideas when the program's learning may have begun to fade. It provides a useful, quick and dirty review of or introduction to conflict resolution possibilities, focusing on how to put collaborative processes of conflict resolution to work. It calls for a commitment to the process, providing the team opportunity to learn to use it, and suggests means of selecting conflict resolution services and, separately, service providers. The consumer of the title is clearly intended to be a leader of an Americorps group, but the ideas could be of value to others as well.
Nygh, P.E., Choice of Forum and Laws in
International Commercial Arbitration, (Forum Internationale, No.
24.), Kluwer Academic Publishers, 101 Philip Dr., Assinippi Park,
Norwell, MA 02061 (33pp $35 1997) ISBN: 9041104925
Review by James B. Boskey, first published in "Alternative Literature: Books in Review," The Alternative Newsletter, ed. James B. Boskey, Seton Hall Law School, Newark, New Jersey, March 1998.
Peter Nygh's November, 1996 lecture at the Hague on Choice of Forum and Laws in International Commercial Arbitration has just been published as a free standing article/pamphlet by Kluwer. At a price of more than $1 a page, it is very expensive, but the quality of the article is almost enough to justify it. Nygh asks serious questions about the authority of the arbitrator and how that authority can exist in situations where the underlying contract is attackable for lack of party competence, illegality or other potentially voiding reasons.
Hauck, Vern E., Arbitrating Race, Religion and
National Origin Discrimination Grievances, Quorum Books, PO Box
5007, Westport, CT 06881 (207pp $60 1997) ISBN: 1567201083
Review by James B. Boskey, first published in "Alternative Literature: Books in Review," The Alternative Newsletter, ed. James B. Boskey, Seton Hall Law School, Newark, New Jersey, March 1998.
Vern Hauck provides a tight focus on an important aspect of labor arbitration practice in Arbitrating Race, Religion and National Origin Discrimination Grievances. This is the first book of a two book set, the second volume, which will appear later focusing on gender discrimination grievances. It is also the product of a twenty year project dating, as Hauck indicates, to the time "when there were not enough published arbitral discrimination awards to justify [a book's] production." That project has involved the continuing monitoring of both the law and practice regarding grievances that are discrimination based in whole or part.
This volume is divided into two parts. The first part, in three chapters, provides an understanding of the legal and arbitral foundations of discrimination practice, examining the statutes and major court decisions which impact on that area and the leading arbitral decisions which have defined the way such issues are handled in the labor arena. It also includes a chapter taking a detailed look at arbitration practice, such issues as procedure, evidence and proof, as it relates to the discrimination area, focusing on the different approaches that this area of concern may require.
The second part of the book provides a detailed examination of the arbitral decisions in each of the three areas of discrimination (race, religion, and national origin). It points out that racial issues have primarily involved african-americans, while national origin issues have largely focused on hispanics, with religion issues covering the cultural waterfront.
Overall, the book is useful, but a bit disappointing. The tight focus on arbitral decisions and union employment has led the author to ignore some of the recent decisions of the Supreme Court and other courts in the area of non-union employment law which may impact substantially on the labor practice. In addition the case analysis in the first section and the award analysis in the second, while accurate, rarely seems to dig deeply below the surface to provide an intense understanding of the decision made. In contrast, the procedural discussion is excellent, offering useful insights and intense evaluation of the approaches that can be used in dealing with such cases. This is a book that will clearly be useful to neutrals and advocates dealing with civil rights issues in the unionized workplace. I only wish that the additional length which would have been needed for the deeper analysis had been provided.
Starovoitova, Galina, Sovereignty After Empire:
Self-Determination Movements in the Former Soviet Union (Peaceworks
#19), United States Institute for Peace, 1550 M St. NW, Suite
700, Washington, DC 20005-1708 (47pp 1997)
Review by James B. Boskey, first published in "Alternative Literature: Books in Review," The Alternative Newsletter, ed. James B. Boskey, Seton Hall Law School, Newark, New Jersey, March 1998.
Contrary to the expectation of may political scientists and peace studies specialists, the process of global integration has not led to a lessening of nationalistic sentiment, but rather has increased the level of expectations and rhetoric amongst many formerly relatively powerless ethnic groups. In addition, the breakup of some states has encouraged the leaders of the surviving states to keep a firmer hand on movements which might tend to fission and seek separate state status, and traditional view of the sanctity of state boundaries have received greater, rather than less, respect, even as changes in national status have made them less clear and obvious.
The prime example of these developments has been the former Soviet Union, where almost every form of fission, renaming, reconstruction, and reidentification has occurred, and where there is a plethora of minority cultures which have, or may, seek statehood or some lesser form of independent status. Examples ranging from the Baltic States, to Chechnya, to Nagorno-Karabakh, to Tartarstan, provide some idea of the range of possible issues that can arise.
In this study, Starovoitova, a deputy in the Russian State Duma from St. Petersburg and co-founder of the Democratic Russia Movement, as well as an early candidate in the 1996 presidential elections, who has served as a Jennings Randolph fellow at the United States Institute for Peace and as a Distinguished Visiting Professor at Brown University, examines the problems posed by demands for some form of self-determination and suggests some criteria that could serve as uniform eligibility requirements for such rights. She derives such criteria from interviews with world political leaders, examination of the history of existing claims to statehood, especially in the former Soviet Union, and general moral theory.
This is an interesting approach to a serious problem which increasingly affects not only admittedly federated states such as Russia and Canada, but also politically integrated ones such as Spain, Nigeria, and Italy. The standards proposed also provide some useful ideas for dealing with internal conflicts that are not necessarily directed towards self-determination in such states as well.
Bernstein, Ronald, Tackaberry, John A. And
Marriott, Arthur, Handbook of Arbitration Practice (3d ed),
Sweet and Maxwell, Cheriton House, North Way, Andover, Hants SP10
5BE, England (1046pp £90 1997) ISBN: 0421565403
Review by James B. Boskey, first published in "Alternative Literature: Books in Review," The Alternative Newsletter, ed. James B. Boskey, Seton Hall Law School, Newark, New Jersey, March 1998.
The third edition of the Handbook of Arbitration Practice, which is copublished by the Chartered Institute of Arbitrators with Sweet and Maxwell, continues the tradition of its precedecessors by offering a comprehensive guide to most aspects of commercial arbitration in England. Very substantially rewritten in light of the new (1996) Arbitration Act and the growing importance of the UNCITRAL Model Law. Other commitments have reduced Derek Wood to the role of consultant editor, but with such outstanding writers as John Tack aberry and Arthur Mariott on board the loss is little, if at all, felt.
The basic format of the volume remains unchanged. After the introduction, provided in this edition by Lord Saville of Newdigate, Part 2 provides a detailed exposition on the general principles of the law governing arbitration, providing the base on which the remainder of the volume rests. The previous formality of tone of the presentation is preserved, as is the numbered paragraph approach for quick reference. The references focus primarily on the statute itself, although case law and secondary references are included where they are helpful. The text reads well and will provide both the novice and the experienced arbitration counsel with solid, accurate, and useful information about the process.
Following Part 2 are six parts dealing with specific types of arbitration, each written by an expert in that area of practice, but following the general approach of Part 2. The areas addressed are: commodity trade arbitration, maritime arbitration, construction industry arbitration, rent review and property valuation arbitration, agricultural property arbitration, and international commercial arbitration. Two additional sections deal with other specialized forms of arbitration: documents-only arbitration in consumer disputes and small claims arbitration, while, in a final section, Arthur Mariott looks at other forms of Alternative Dispute Resolution.
This is not the book that one needs to prepare a brief on an issue of arbitration law, but rather is designed to provide an overview of the procedural questions that need to be addressed in specific arbitral forums and an overview of how arbitration law and practice are therein applied. It is a valuable starting point for preparing to deal with any of the forums and, while not extensively supported by citation of authority is very accurate and acute in the perceptions of the authors on the "way the game is played."
Stephenson, Douglas A., Arbitration Practice in
Construction Contracts (4th ed.), Blackwell Science, Inc.,
Commerce Place, 350 Main St., Malden, MA 02148 (255pp £39.50 1997)
ISBN: 0632041315
Review by James B. Boskey, first published in "Alternative Literature: Books in Review," The Alternative Newsletter, ed. James B. Boskey, Seton Hall Law School, Newark, New Jersey, March 1998.
Douglas Stephenson's fourth edition of Arbitration Practice in Construction Contracts provides an excellent overview, for the non-attorney, of the arbitration process in England (including Wales and Northern Ireland) as it is applied in the construction area. Substantially rewritten to take account of the multitudinous changes imposed by the 1996 Arbitration Act, it covers most areas that might be of concern in clear direct language with extensive reference to the statute and limited, but effective, reference to the leading cases which with a contractor or other design professional might wish to be familiar. The focus is, as appropriate, on the reader as potential advocate or party before the tribunal rather than as neutral.
The book begins with an introduction to the nature of arbitration and the sources of law governing the process. It then turns to arbitration agreements, looking closely at many of the common industry clauses that the contractor is apt to run across as well as suggesting matters that need to be dealt with in an ad hoc clause. It then turns to appointment and selection of the arbitrator, the healing process, issues with regard to the award and costs, the scope of judicial review and in a final chapter, dispute management practice. Throughout it focuses on the new law under the Act, but points up changes that it has brought about so that the reader sees how the practice has been developing.
The book also offers an extensive set of appendices, including a wide range of forms (specimen documents) for use in presentation of an arbitration case and statutory material of interest to the reader. This is a solidly pragmatic introduction to the field, not deeply analytical - which would be inappropriate for its audience, but clear, direct, and informative.
Berger, Peter L., ed., The Limits of Social
Cohesion: Conflict and Mediation in Pluralist Societies - A Report
to the Bertelsmann Foundation of the Club of Rome, Westview
Press, 5500 Central Ave., Boulder, CO 80301-2877 (396pp $60
1997)
Review by James B. Boskey, first published in "Alternative Literature: Books in Review," The Alternative Newsletter, ed. James B. Boskey, Seton Hall Law School, Newark, New Jersey, March 1998.
Peter Berger usually asks interesting questions, and, while I frequently disagree with his conclusions, I rarely fail to learn from one of his books. The Limits of Social Cohesion, developed in response to a charge from The Club of Rome, asks whether normative conflicts in modern societies are intrinsically function, dysfunctional, or neutral and whether there are necessarily institutional entities within each society that mediate such conflicts. Note, in fairness that the first question is implicit rather than explicit in the research structure on which this volume is based, but it becomes a consistent theme in most of the essays, clearly indicating its fundamental importance. By normative conflicts, Berger refers to conflicts over ideas that are perceived by members of particular societies as fundamental to their self-concept, and by mediation he means not formal mediation in the sense the term is used in alternative dispute resolution, but rather mediatory structures and institutions that have a, sometimes incidental, mediatory effect.
The bulk of the book is made up of eleven essays, each examining a normative conflict in a different nation. The essays generally select one or a few such conflicts, provide the historical information necessary to understand them in context, and then examines the existence or non-existence of mediatory institutions that address these conflicts. The nations dealt with are: the United States, France, Germany, Hungary, Chile, South Africa, Turkey, Indonesia, India, Japan, and Taiwan. Each of the essays is written by a scholar who is native to that country, but who brings to the analysis some of the objectivity that would be anticipated from a scholarly work.
The subjects addressed range greatly. In the United States chapter James Hunter addresses the "American Culture War" concluding that there are few mediatory institutions in the US that address it, but that it is not as divisive as one might expect. Hervieu-Léger deals with laïcité, the concept of secularism, especially as applied in the educational setting, and finds some clear mediating institutions addressing the problems it raises. In one more example, Hsin-Huang looks at normative conflicts over national identity and over the environment in Taiwan and sees the beginning of mediating institutions there.
The essays are well written and edited and, in general, provide a clear picture both of the area of conflict and of the social setting in which it appears. The presentations are not, in many cases, politically balanced, but the weaknesses in that regard are largely sufficiently explicit or evident to allow the reader to correct for the biases of the author.
Société Jean Bodin, Assistance in Conflict
Resolution: Transactions of the Jean Bodin Society for Comparative
Institutional History vol. 64-Third Part - Medieval and Modern
Europe, Accès+s.p.r.l., Fond Jean Pâques 4, B-1348
Louvain-la-Neuve, Belgium. Email: acces+cde@deboeck.be. (302pp
4387fBel 1997)
Review by James B. Boskey, first published in "Alternative Literature: Books in Review," The Alternative Newsletter, ed. James B. Boskey, Seton Hall Law School, Newark, New Jersey, March 1998.
The third part of the Proceedings of the Société Jean Bodin, offers a series of papers examining representation and related issues in conflict settings, especially in the courts, in Europe from the middle ages through relatively recent times. Fifteen articles are presented, nine in French and the remainder in English. Included are five items which make up a symposium on the resolution in the low countries, several examining the general process of representation during the middle ages, including such issues as the married woman in penal law in customary law during the 13th and 14th centuries and taxation of costs in medieval canonical courts, and articles examining the given topic in Scotland, Medieval Iceland, and the Nordic countries as well as one on Professors of Law in England from the Middle Ages to the 19th Century. The articles are solid academic pieces with detailed information that expands our knowledge of the nature of legal institutions.
Dunlop, John and Zack, Arnold, Mediation and
Arbitration of Employment Disputes, Jossey-Bass Publishers, 350
Sansome St., San Francisco, CA 94104-9825 (250pp $36.95 1997)
Review by James B. Boskey, first published in "Alternative Literature: Books in Review," The Alternative Newsletter, ed. James B. Boskey, Seton Hall Law School, Newark, New Jersey, March 1998.
If you need to understand recent developments in the management of employment disputes there is no better place to start your research than with this book by John Dunlop and Arnold Zack, two of the most knowledgeable and experienced researchers, writers, and practitioners in the labor/employment arenas. In clear, precise, concise and usually entertaining prose, they provide the background to and a clear understanding of the Due Process Protocol, which has become a major focus in the implementation of dispute resolution systems in these areas, especially when dealing with statutory rights, and suggest the future directions in which the law and practice will develop.
Thematically, the basis of Dunlop and Zack's approach to the reform and revision of labor and employment law rests in the process of negotiated rule making, a process which encourages all stakeholders in a transaction to participate in the development of rules governing that transaction. The process has been used primarily in the government/administrative law arena, but can also be used in the private and quasi-private sectors where it is often implemented as an extension of the single text negotiation system which was developed in the international arena. In the context of this volume, its importance is the focus on the participation of all parties, or party representatives, in developing processes for dispute resolution that are not only actually procedurally fair, but perceived as fair by all participants. Through participation in negotiated rule-making type processes, players will often come to accept the fairness of the resultant process, even where they dislike some of the results.
To reach this point, the authors begin by providing an analysis of the background to the current issues regarding alternative forms of dispute resolution. They begin by sketching the history of labor-management relations in the United States with a focus on the use of both mediation and arbitration for the resolution of disputes, culminating in the Steelworker's Trilogy and the growth of grievance arbitration and related processes. They then turn to the growth and development of statutory protections for employees and the litigation and administrative systems that developed for enforcement of rights, comparing the labor and employment approaches and finding strengths and weaknesses in each.
From this they turn to the transformation that has occurred in dealing with statutory rights in the transition from Alexander v Gardner-Denver to Gilmer and its progeny. They examine some of the dispute resolution systems that developed in response to Gilmer and give a balanced view of the advantages and disadvantages that they offered as well as the questions that they posed for process advocates. They then turn to an examination of the "Due Process Protocol" developed by leading organizations in the field, and the advantages that accrue from its adoption. Implicit in this discussion is the importance, mentioned earlier, of involving all stakeholders in the development of process guidelines such as this.
The problems with the implementation of such protocols in governmental settings are many and difficult. The authors, however, focus on the work of the Massachusetts Commission Against Discrimination, which implemented the protocol, as providing a model for how such implementation can proceed. Finally they look at the options for the range of legal institutions to involve themselves in the implementation of similar protocols.
While this book is not an attempt to provide a comprehensive history of the due process protocols or of employment dispute resolution, it provides an excellent overview of the major issues in the field and a sophisticated analysis by experts in the area of where problems are likely to arise. It should be read by anyone active in the employment disputes arena.
UVic Institute for Dispute Resolution,
Proceedings: Making Peace and Sharing Power - A National
Gathering on Aboriginal Peoples & Dispute Resolution, UVic
Institute for Dispute Resolution, P.O. Box 2400, Victoria, BC V8W
3H7, Canada. (314pp $Can20 1997) ISBN: 1550581198
Review by James B. Boskey, first published in "Alternative Literature: Books in Review," The Alternative Newsletter, ed. James B. Boskey, Seton Hall Law School, Newark, New Jersey, March 1998.
Like children, aboriginal peoples are more often the subject of conferences and gatherings that discuss their ways and seek to identify lessons about mutual benefits to be gained from better understanding than they are active participants in such events. It is, therefore, both moderately surprising and seriously pleasing to see the broad participation, more than half of it by aboriginal peoples, in the proceedings for this conference, hosted by the Songhees First Nation and sponsored by the UVic Institute for Dispute Resolution.
The conference, which was held in Victoria on April 30-May 2, 1996 focused on the use of dispute resolution processes to protect and maintain the interests of aboriginal peoples in industrial societies. After inspirational keynote addresses by representatives of the Nisga'a Nation, the Mohawk Council, and a member of parliament for Manitoba, the conference consisted of a series of plenaries and workshops dealing with a myriad of issues.
The four plenaries dealt with "Challenges Along the Path", use of the courts to resolve conflict, the role of commissions and tribunals, and the media and crisis intervention. Speakers ranged from academics, such as Michelle LeBaron and Jannie Botes, through government officials, including Roberta Jamieson - the ombudsman for Ontario and Stephen Owen - Deputy Attorney-General for BC, to aboriginal leaders such as Edward John - Grand Chief of the Tl'azt'en Nation and Satsan - Hereditary Chief Wet'suwet'en Nation.
The workshops, with similarly mixed speakers, included both examinations of specific problem areas, ie. protection of cultural heritage, maintenance of sustainable fisheries, etc., approaches to dealing with problems ranging from direct action for the resolution of conflict to negotiating with public governments and new approach designs such as Darling and LeBaron's reinvention of intergovernmental processes, to examinations of tribunals and their work and special topics such as traditional government and peacemaking.
The presentations are well written and very well edited for this volume. Because this was a practitioner and participant rather than an academic conference, the documentation of many of the papers is lighter than one might otherwise expect, but the range and quality of ideas presented is extraordinary, and this is a set of papers that anyone with an interest in cross-cultural, as well as aboriginal, studies will not want to miss.
Wichert, Susanne, Keeping the Peace: Practicing
Cooperation and Conflict Resolution with Preschoolers, New
Society Publishers, PO Box 3064, Stony Creek, CT 06405 (112pp
$39.95(c) $12.95(p) ) ISBN: 1550920316, 1550920308
Review by James B. Boskey, first published in "Alternative Literature: Books in Review," The Alternative Newsletter, ed. James B. Boskey, Seton Hall Law School, Newark, New Jersey, March 1998.
How young is it appropriate to start children developing an understanding of an a willingness to use conflict resolution techniques in their daily lives. Most peer mediation programs do not really get fully underway until the third grade or later, but, as Wichert demonstrates, even preschool is not too early to begin to offer children the chance to develop these skills. At least as importantly, her stories of the children from "The Willows", the preschool program that she codirected in Seattle, demonstrate that once the lessons are learned, they are not forgotten, but that children continue to apply them successfully, even in a far less accepting atmosphere.
The process that Wichert describes is one that is at least as much a matter of learning for the teacher as for the students. She begins by focusing on the teacher's need for clear objectives for what the students are to learn, feeling that with the objectives clear, the teacher can be more flexible in the manner in which they are implemented. A strong focus on personal values and a willingness to explain one's own values without rejecting reasonable alternatives is fundamental to the process. A good deal of thought is given to developing a physical environment that does not point towards conflict, but provides opportunities to work through those that do develop. Defining limits without limiting creativity, finishes the first section of the book, setting out the underlying structure of the preschool.
The second section focuses on the interaction between adults and children and some of the tools which improve that interaction. We are not here talking exotics, but rather the effective use of adventure play, careful selection and use of books, with appropriate review or modification of the language used to assure that it supports rather than hinders the social goals being promoted. Work on empathy and development of the childrens' communication skills reinforces these learning experiences.
The final section offers a wide range of activities which fit the desired atmosphere. Most of them are done in small groups (pairs or as many as six together) and use limited, readily available materials. These are excellent communication games, enjoyable for the child and offering reinforcement of the expressed goals.
While at some points the book seems to emphasize conformity to dogma a bit more than I am comfortable with, overall the approach is one that should be very effective. If all children were raised in this sort of atmosphere, we would have far fewer problems later in their lives.
Cato, D. Mark, Arbitration Practice and
Procedure: Interlocutory and Hearing Problems (2d ed), LLP Ltd.,
Legal Publishing Division, 27 Swinton St., London WC1X 9NW, England
(1811pp $285 1997) ISBN: 1859781500
Review by James B. Boskey, first published in "Alternative Literature: Books in Review," The Alternative Newsletter, ed. James B. Boskey, Seton Hall Law School, Newark, New Jersey, March 1998.
When we describe a book as encyclopedic, we are usually exaggerating for effect, but no other term approaches a sufficient description of the 1811 pages of fairly small, but readable, print and narrow margins of Mark Cato paean to the arbitral process. In its second edition, with a foreword by Lord Mustill, it tell the reader everything that he or she might want to know about the conducting of an arbitration in the United Kingdom (excepting Scotland) in light of the 1996 Arbitration Act.
The basic format of the book is suggestive of a teacher student dialogue. Each issue addressed, usually in a page or less, begins with a topic statement, followed by a short statement of facts which raise the issue, a question as to the appropriate action of the arbitrator in light of the facts, and a "course of action" which is a detailed analysis of the proper response with, where appropriate, citation to authority and cross reference to other related issues.
Clearly this format is one that allows Mark Cato a great deal of opportunity to speak to his view of what is, and is not, proper in the arbitration setting, but his experience in and knowledge of the field is such that, while a few of his views may be seen as extreme by some, the great majority would be broadly, or even, universally accepted, and he is clear in pointing out where his approach might be controversial, allowing for other answers to be considered.
The body of the book consists of 35 chapters, beginning with broad topics such as the appointment process, the arbitration agreement, and the functions of the arbitrator, continuing with a look at common questions such as the existence of a contract, issues of costs and damages, procedural issues such as preliminary orders, the use of documents, and rules of evidence, through special topics such as dealing with property, rectification of contracts, issues governing representation, and the like. In addition, extensive appendices provide full text of the relevant statutes or sections thereof, Supreme Court rules, and a range of private rule sets for arbitration. Simply put, no one practicing arbitration in Britain, as neutral or advocate, can afford to be without this volume.
Legislative Affairs Commission of the Standing
Committee of the National People's Congress of the People's Republic
of China, Arbitration Laws of China, Sweet and Maxwell Asia,
17/F Lyndhurst Tower, 1 Lyndhurst Terrace, Central, Hong Kong (178pp
$115 1997) ISBN: 0421578505
Review by James B. Boskey, first published in "Alternative Literature: Books in Review," The Alternative Newsletter, ed. James B. Boskey, Seton Hall Law School, Newark, New Jersey, March 1998.
For anyone seeking a quick, but intelligent, introduction to the arbitration process in the People's Republic of China, this slim volume, prepared by a group of Chinese scholars, will serve the purpose admirably. Written in surprisingly clear and idiomatic English, it provides a useful overview of the commercial arbitration process as it is applied in, principally, international commerce by governments and business in China.
The book begins with a translation of the 1994 Arbitration Law of the People's Republic of China. This is followed by an essay providing background of and guidelines for the development of the law, placing the law in historical context and pointing out the primary principles that guided the drafters in its development. Next is a chapter by chapter annotation of the law, not with case law, which is largely undeveloped, but rather an academic analysis, resembling the textual analysis common in civil law nations. Finally an additional essay compares the Chinese arbitration system with those of other commercial states, pointing out where the Chinese system is similar to most other states and where differences occur. In addition, the book provides some description of the two leading commercial arbitration institutions in China, CIETAC (China International Economic and Trade Arbitration Commission)and the China Maritime Arbitration Commission, including some brief procedural notes and copies of their respective rules.
For the practitioner seeking to gain a sense of arbitration procedure in the People's Republic or the academic seeking some preliminary material without getting deeply immersed, this book will serve well. The more detailed information is available from other sources, including the following book, also from Sweet and Maxwell.
Leung Mei-fun (Priscilla) and Wang Sheng-Cheng,
Selected Works of China International Economic and Trade
Arbitration Commission Awards (1963-1988) Updated to 1993 (Vol.
I), Sweet and Maxwell Asia, 17/F Lyndhurst Tower, 1 Lyndhurst
Terrace, Central, Hong Kong (433pp HK$140 1995) ISBN: 042155402
Review by James B. Boskey, first published in "Alternative Literature: Books in Review," The Alternative Newsletter, ed. James B. Boskey, Seton Hall Law School, Newark, New Jersey, March 1998.
This volume, which is the Authorized English Version of the work originally published in Chinese by CIETAC (the China International Economic and Trade Arbitration Commission) was published in 1995 to provide detailed information about the workings of CIETAC and its predecessor agencies, the Foreign Trade Arbitration Commission of the China Council for the Promotion of International Trade and the China International and Trade Arbitration Commission. The book consists of two parts. The first includes the legislative and regulatory bases for arbitration in China and the rules and schedules governing that practice. The second part reports the awards in 79 cases decided under those rules.
The first section of the book includes the provisional rules (dating to 1956) of the Foreign Trade Arbitration Commission of the China Council for the Promotion of International Trade and those of the China International and Trade Arbitration Commission (1988), which are no longer in force but governed some of the earlier reported cases, and the CIETAC rules, which were as revised and adopted in 1974, which govern the more recent ones. Also included are the arbitration fee schedules from the Commission and CIETAC, and the State Council notices relating to the changes of name of the Commissions as well as the decision of the Government Administration Council that originally established them.
The case reports are provided in date sequence, with the title providing some basic information about the nature of the contract which was in consideration. Generally what is provided is a brief statement of facts, the opinion of the arbitral panel, and the award that was made, and, in the later cases, analytical case digests. While headnotes specifying the subjects considered in the award are not provided, the extensive index provides access by dealing with the legal questions involved in the cases and sorting them according to topic.
It is worth noting that a second volume in this series will be published shortly which will deal with awards made between 1988 and 1995. It appears to me that there will be some overlap between these volumes, but I am not sure how extensive it will be.
Rau, Alan Scott Sherman, Edward F. and Shannon,
Brian D., Rau & Sherman's Texas ADR & Arbitration
Statutes and Commentary (1997 Edition), West Group, PO Box
64526, St. Paul, MN 55164-0526. (998pp $65 1998) ISBN:
0762001623
Review by James B. Boskey, first published in "Alternative Literature: Books in Review," The Alternative Newsletter, ed. James B. Boskey, Seton Hall Law School, Newark, New Jersey, March 1998.
As I noted in reviewing the previous edition of this work, "It takes a certain amount of chutzpah to produce an annotated set of statutes in this day and age, and a great amount of skill to do so in a manner that makes the volume useful and valuable. With Alan Rau and Ed Sherman undertaking the task, however, their is no lack of either the needed chutzpah nor the skill." The new edition brings the 1994 publication up to date with new statutory and non-statutory material, providing a comprehensive reference for Texas on ADR, with the exception of caselaw relating to the subject. Today the statement should be that it would take a great deal of chutzpah, and some real foolishness, to practice ADR, and perhaps even litigation, in Texas without this book.
Bales, Richard A., Compulsory Arbitration: The
Grand Experiment in Employment, Cornell University Press, PO Box
250, Ithaca, NY 14851 (236pp $29.95 1997) ISBN: 0801434467
Review by James B. Boskey, first published in "Alternative Literature: Books in Review," The Alternative Newsletter, ed. James B. Boskey, Seton Hall Law School, Newark, New Jersey, March 1998.
Richard Bales provides a comprehensive analysis of the Gilmer case and its predecessors and progeny in this extended legal analysis of the application of the Federal Arbitration Act to contracts of employment including both the legal and policy implications of such an extension. While generally taking a pro litigation view of the extension of arbitration into these newer realms, the presentation attempts to be scrupulously fair, or at least as fair as is possible when relying on legal resources for an understanding of a process that involves real human beings and that fails to examine the realities that face the employee enmeshed in the system.
The book begins by providing a detailed legal analysis of Gilmer, starting with the history of compulsory arbitration in the employment context prior to Gilmer, looking at the Gilmer case itself, and then examining the various issue reserved in that case, including the "contracts of employment" exclusion in the Federal Arbitration Act, the application of Gilmer to discrimination other than that based on age, etc. It then proceeds to examine to major settings in which claims which might be subject to compulsory arbitration arise, the EEOC in a chapter strongly supportive of that agency's view of the arbitration process, and the securities industry in a chapter that accepts unquestioningly most of the criticisms of the process implemented there. Having laid this foundation, Bales goes on to examine the employment dispute resolution process developed and implemented by Brown and Root. He accepts, unquestioningly Brown and Roots publicity as to the success and fairness of its program and repeats the standard description of the program's operation.
Based on this analysis, Bales goes on to describe the factors that he considers essential to the creation of a fair (and enforceable) arbitration system. In large part these standards parallel those in the employment disputes protocol executed by many of the leaders and leading organizations in the field, but they also goes well beyond the protocol in many respects. The analysis here is well done, and explores a wide range of possibilities. It again relies too heavily on a purely legal analysis and ignores the realities of the employees situation, but, given that, it focuses on most legal questions that are likely to arise.
The overall problem with this book, and indeed with most analyses of the problems dealt with here is that, written by lawyers who have been trained to believe in litigation, they ignore the defects in that process as a means of resolving disputes, and assume that having the right to sue reflects some likelihood of being able to engage successfully in that endeavor. Bales, more than most writers in the area, begins to address some of these questions, mentioning in passing but not elaborating on the problems of judicial bias in employment cases, but then ignoring that issue when he turns to the possible bias of arbitrators. Worrying about the quality of arbitrators, he assumes the qualification of the judiciary to make decisions in this area and accepts uncritically the view that the appellate process provides a usable means for the correction of those errors that do arise in the trial courts, while failing to note the transaction costs that make litigation usually unavailable as a source of relief for most claimants and eliminate the likelihood of anything resembling adequate compensation except for the occasional and apparently random claimant who "wins the jackpot".
But, overall, these criticisms are unfair, for, at worst, Bales is merely accepting "common wisdom" as true and reflecting the inherent biases of the legal profession. This is an exceptionally well written book, and it provides an excellent statement of the commonly accepted wisdom as to the state of the law and practice of arbitration in the employment domain.
Fitzell, Susan Gingras, Free the Children:
Conflict Education for Strong, Peaceful Minds, New Society
Publishers, PO Box 3064, Stony Creek, CT 06405 (202pp $39.95(c)
$14.95(p) 1997) ISBN: 0865713618, 086571360X
Review by James B. Boskey, first published in "Alternative Literature: Books in Review," The Alternative Newsletter, ed. James B. Boskey, Seton Hall Law School, Newark, New Jersey, March 1998.
Susan Fitzell is an excellent story teller with a strong message about the raising of psychologically and morally healthy children. Drawing on a wealth of wisdom about the processes of child development and effective educational techniques, she uses a model she calls conflict education to promote the interests of children in becoming effective citizens in a world that they can help to reshape.
By conflict education, Ms. Fitzell means a good deal more than is usually included under this and similar headings. She is talking about not only providing children with the skills to manage their conflicts, but assisting them in internalizing the fundamental principles needed for the operation of a just society which grants each member respect and the opportunity to maximize his or her capacities.
The book begins with a brief overview of the basic approach that Ms. Fitzell is recommending, focusing on five components: modeling- demonstrating appropriate conduct, relationship - developing good connections between individuals, conditioning - developing the right approaches as instinctive, empowerment - strengthening decision making and the taking of responsibility, and Skills - ways to implement the above lessons. Most of the rest of the book looks at how these components can be incorporated into a child's life, both by parents and teachers, at different ages, with separate chapters dedicated to preschool/kindergarten, lower elementary, upper elementary, junior high, and adolescent children. Each section is supported with carefully selected bibliographic information for additional reading and models of appropriate activities and approaches for that age group.
As mentioned at the beginning, Ms. Fitzell's greatest strength is as a story teller. Her examples, ranging from brief to several pages, are marvelous teaching tools, explaining her approach more clearly and directly than any classical didactic presentation could. My only negative about this book is it is too brief. The introductory section could have been greatly expanded, and each of the individual chapters would fully justify a book of its own. If you are raising a child or working with someone else's children, this is a book not to miss.
Carnegie Commission on Preventing Deadly Conflict,
Preventing Deadly Conflict, Carnegie Commission on Preventing
Deadly Conflict, 1779 Massachusetts Ave. NW, Suite 715, Washington,
DC 20036-2103 (303pp free 1997) Also at http://www. ccpdc.org
Review by James B. Boskey, first published in "Alternative Literature: Books in Review," The Alternative Newsletter, ed. James B. Boskey, Seton Hall Law School, Newark, New Jersey, March 1998.
I would have totally missed the publication of this report if it had not been the subject of a "Bookend" column by Judith Miller in the New York Times Book Review section for February 18. In that column, Miller expresses regret that the Carnegie Corporation and the Commission have failed to give this report the attention that its subject deserves, but also expresses concern that it is less original and creative in developing solutions than some of the earlier reports of Commissions sponsored by Carnegie. It appears she is right on both counts.
Coming up on deadline, I have not had the opportunity to do justice to a report of this length, so I offer the following comments with a strong caveat that they are drawn largely from a reading of the executive summary rather than the full report of the Commission. I have glanced at areas of the full report that are of particular interest, but do not consider this to be adequate for full comment.
The Executive Summary of the final report of the Commission runs 29 pages, the full report 242pp without the index. The basic propositions which it presents are: 1. deadly conflict is not inevitable, 2. the need to prevent deadly conflict is increasingly urgent, and 3. preventing deadly conflict is possible. With this as a starting point the report looks at two areas of violence prevention. Operational prevention looks at strategies that are useful in the face of crisis: watching for early warning signs and intervening at the first sign of potential for deadly violence erupting, and the use of preventative diplomacy, economic measures - including both sanctions and inducements, and forceful measures - such as peacekeeping, to control the situation. More basically, structural prevention looks to strategies that address the root causes of such violence: on the negative side security controls and on the positive increasing the physical and social well being of those where such violence is likely.
The report continues with a look at the respective responsibilities of states and their leaders and the United Nations and other super-national entities in dealing with deadly violence. It calls for the development of a culture of prevention to discourage further situations where such violence may occur. Overall, the conclusions seem legitimate, but, as Miller noted in the Bookend cited earlier, somewhat passive and unoriginal. It may be that we do not yet have real solutions for these problems, but I would humbly suggest that we have seen more creative solutions posed in the dispute resolution community (Particular Kudos in this respect to Paul Wahrhaftig, but also to much of the academic research and the pragmatic Mennonite work in these areas.) Nonetheless, the Carnegie Corporation has the potential to be a five hundred pound Gorilla for Peace, and it is encouraging that it seems to be sitting on the conflict resolution side of the table.
Audio-Visual Recordings and Other Media
Haynes, John, Haynes on Haynes: An Annotated
Michael and Debbie order from John M. Haynes, 146 Bayview
Avenue, Northport NY 11768-1509 516-757-4548, Europeans wanting the
PAL version should order from HMTI, Cambridge House, Teddington,
Mddx. TW11 8HH, England (1 Hour $100 or £60 1997).
Review by James B. Boskey, first published in "Alternative Literature: Books in Review," The Alternative Newsletter, ed. James B. Boskey, Seton Hall Law School, Newark, New Jersey, March 1998.
Haynes on Haynes: An Annotated Michael and Debbie is a new tape by John Haynes presenting some of his most recent insights on the divorce mediation process. John, whose earlier work basically defined the role of the divorce mediator, is a non-academic deep thinker, whose acute insights into process are presented without the formal accouterments of the academic that detract or, at least, distract from their content. In this tape he is addressing two fundamental insights about the divorce mediation process by annotating, orally, a tape of a mediation session. The entire tape runs about an hour.
The tape opens with about 15 minutes of introduction from John on his first topic, mediation as storytelling. As John point out from his easy chair, each of the parties comes to mediation with a two part story, the first part being their version of the events of the marriage, which is designed to demonstrate how good they are, and the second their complaints about the spouse, designed to show how bad he or she is. Both parties come to the mediation anticipating that the mediate will validate their view and seeking the reinforcement and sense of justification that that would provide. They also each bring to the process their own definition of the problem, a definition which, invariably, requires change on the part of the spouse and little or none on their own. The role of the mediator is to take these two variant stories and assist the parties in weaving them into a mutual and neutral narrative on which they will be able to base a solution to the difficulties that they face. The skills used in accomplishing this are mutualizing the issues - making the discussion of each parallel for the parties, normalizing - demonstrating that the problems presented are usual and solvable, not outre and unresolvable, maintaining the parties focus on the future - which, unlike the past, can be changed, helping the clients to focus on what they want, not what they want to avoid, and summarizing in such a way as to keep the clients focused on the useful parts of their stories rather than the irrelevant or distracting ones. This opening essay is as good an analysis of the mediator's function as any in the literature.
The tape then continues with the first mediation session between a doctor/dentist couple over the parenting arrangements for their two children. This is a high conflict couple, the husband having left the home but wanting to continue to spend as much time as possible with the children and the wife wanting him to return and attempting to control all aspects of his life and using the children as a weapon to accomplish this. With his usual skill, Haynes guides them through many of the land mines that they place and begins the process of teaching them to negotiate effectively on their own behalf. The session is annotated in two ways, first with subtitles pointing up ideas discussed in the introduction and later in the "breaks", and second with Haynes describing in the breaks both what he sees as occurring and what his reasoning is in following the approach that he does. While the viewer may not agree at every point with his approach, it is well thought through and will force the viewer to internally defend carefully his or her areas of disagreement.
Overall, this is one of the best training tapes available on divorce mediation. Haynes clearly and correctly implies, although he does not specifically state it, that divorce mediation is not the same as other forms of mediation practice. A community mediator or policy mediator viewing this tape will rapidly come to understand why this is the case..
Simmons Funeral Home: A Mediation, Stitt, Feld,
Handy & Houston, 112 Adelaide St. East, Toronto, ON M5C 1K9,
Canada (80 minutes Can$149 1997)
Review by James B. Boskey, first published in "Alternative Literature: Books in Review," The Alternative Newsletter, ed. James B. Boskey, Seton Hall Law School, Newark, New Jersey, March 1998.
Simmons Funeral Home: A Mediation is a videotape enactment of a mediation involving a family business mediated by Allan Stitt of Stitt, Feld, Handy & Houston in Toronto, one of the most experienced mediators and mediation trainers in Canada. The mediation involves the decision to sell the family business, a funeral home. One party, the brother, wishes to sell the business or to have his interest bought out by his sister, who, in her turn does not want the business sold, but is not prepared to purchase his interest. The film starts well, with a nicely scripted incident between brother and sister unconnected to the mediation process that demonstrates the difficulties that they are having with each other. The mediation itself also begins well with Allan Stitt providing an abbreviated but solid opening statement, focusing on the traditional issues of not interrupting each other, no personal attacks, and the use of caucuses. Unfortunately, at this point the filmed process begins to go awry. The mediator's approach to the parties is unbalanced, clearly, albeit unintentionally, favoring one side (the sister's) in providing a hearing of the issues. Being a scripted case, it is not surprising that it turns out that there is advantage in such favoritism, but this is hardly an appropriate representation of the mediation process. The problems continue as the parties move into caucus and the mediator provides the usual assurance that he will not reveal information provided in confidence. Without a violation of this principle, as if by miracle, the moment that a confidence is imparted to him, the other side asks the question that would require revelation of the confidence to answer. The mediator does not answer, but his obvious confusion and rapid departure from the caucus room, with a specific invitation to that party to ask the question directly, borders on a breach. He then demonstrates that by telling one party of transaction costs, he can get that party to make a patently foolish settlement offer which the other party rejects out of hand, and, in a transformationalist epiphany, demands that he reveal his deep, dirty secret. He immediately does and in a communication breakthrough follows through with a comprehensive self-analysis, throwing himself on his sister's psychological as well as financial mercy. To complete the transformation, the sister replies that loves him, will care for him forever, and will never take advantage of the weaknesses hie has revealed. They then, figuratively, walk off into the sunset together. The real world should only be so easy. I am sorry, but to my mind this is not the image of mediation that we should be seeking to promote.
Business Advantage Inc., 4900 University Ave.,
West Des Moines, IA 50266-6769. 800-305-9004. offers:
The Three Rules of Win-Win Negotiating (30min.
$129.95)
Team Conflict: Handling Rigidity in Teams (23min.
$129.95)
Review by James B. Boskey, first published in "Alternative Literature: Books in Review," The Alternative Newsletter, ed. James B. Boskey, Seton Hall Law School, Newark, New Jersey, March 1998.
The three rules videotape is a good concise presentation of some of the fundamentals of win-win negotiation. Ed Brodow, the author of Negotiate with Confidence has a solid comfortable style which translates well to videotape and is nicely supplemented by several short acted scenarios which accurately illustrate the points he is making. The "three rules" are simply: 1. Change your behavior from adversarial to cooperative, 2. Develop trust by listening, and 3. Explore options for mutual satisfaction. Nothing radical here, nor in the remainder of the tape, but the principles are clearly presented and their implications well illustrated in an enjoyable and relaxing form. The second half of the tape presents Brodow addressing several questions similar to those posed by William Ury in Getting Past No. Again his answers are clear, to the point, and sensible. Overall, a useful introduction to win-win processes for professional training.
"Team Conflict", while attractively presented, is of less interest to a dispute resolution audience. It focuses on the ideas of Will Schutz who identifies team disfunction as resting primarily in the individual rigidity of team members and alleviates this by making them aware of the underlying causes of their inflexibility. The tape begins and ends with an interview of Mr. Schutz, surrounding a demonstration of an ineffective team and coaching by Mr. Schutz of the team members in some of the ways in which they can improve the team's functioning.
Times-Mirror Training Group, 170 West Election Rd.,
Suite 200, Draper, UT 84020-9949, 888-799-0048, Fax: 800-799-7228,
offers a multimedia training program on cd-rom entitled Moving
from Conflict to Collaboration. The cost is $150/person, and a
trial package is available (1997)
Review by James B. Boskey, first published in "Alternative Literature: Books in Review," The Alternative Newsletter, ed. James B. Boskey, Seton Hall Law School, Newark, New Jersey, March 1998.
My initial thought was that I was going to seriously dislike this product. After all, thought I, what advantages does a cd rom offer in conflict training. Well, I must admit that I was wrong. The Zenger Miller firm which developed this program for Times-Mirror has a winning approach, and while there are clear limitations to the use of the cd rom, it is very valuable in its proper place. The program offers an introduction to collaborative thinking in the workplace, focusing on conflict only as it inhibits collaboration. It is divided into four units, designed to be followed through initially in sequence, but open to later being addressed as needed.
The first unit is a series of questions that are used to develop a picture of the users outlook on conflict. My outlook was analyzed, quite accurately, as seeing conflict as a negative, and I was offered reasonable advice that did not reject my view, but was designed to open my eyes to other ways of looking at it. The unit took about 10 minutes and, like all the units, was fun. Help was readily available to elaborate and assist in areas where any questions came to mind.
With the second unit, about 20 minutes to complete, the sophistication of the program became more apparent. Offering a close up on challenging behavior, it examined five personality types/ways of responding to conflict. For each type one button click yielded a list describing the characteristics and a second button offered a short video demonstrating the kind of response that that kind of person would give. These were amusing, but went right to the point and were clear and helpful in understanding conflict response. After reviewing the types, a couple of brief exercises presented oral statements and asked the user to classify which type was being heard. Again, an enjoyable and educational process.
The third and fourth units, each taking about 45 minutes, move more to the heart of the collaborative process. The third unit proposes a five step approach to dealing with communication breakdown (somewhat questionably described as conflict). The five steps: establish mutual involvement, seek to understand the other person's point of view, present your perspective on the problem and its impact, decide on an appropriate plan of action, express your appreciation for the other person's efforts, is reasonable. It is illustrated in the third module by a set of three video/slide stories with the viewer encouraged to assist one party in following the program. The final unit uses the same approach in a more complicated script and providing more difficult selections for the trainee.
Overall the program is fun to use and highly educational, the quality of both the pictures and the sound are excellent, and the stories are well scripted, attracting the real interest of the trainee. While the orientation of the program is not towards issues that are central to the alternative dispute resolution movement, it is an excellent training device in a related area.
Common Currency: How to Compete in an Increasingly
Competitive World: A Game, HRD Quarterly, 2002 King of Prussia
Blvd. #100, King of Prussia, PA 19406-2756. 800-633-4533. Fax:
800-633-3683. Email: www.hrdq.com. (Package $195 1996)
Review by James B. Boskey, first published in "Alternative Literature: Books in Review," The Alternative Newsletter, ed. James B. Boskey, Seton Hall Law School, Newark, New Jersey, March 1998.
Common Currency is a new game offered by HRDQ to teach the value of cooperative-competition in teams in a negotiation and problem solving setting. The game demonstrates a situation where the goal of winning by outscoring the other competitors can only be accomplished through a team effort and by cooperating with other teams to exchange information and goods. The basic scenario is one in which teams representing several countries must collect items whose values are both intrinsic and increased by being held in specific combinations. Information about these values and the values of combinations are distributed amongst the teams rather than being held by all of them. Through the exchange of items and information, the teams increase their scores. The game will be enjoyable to the players, and, with appropriate debriefing - techniques for which are provided, will be an effective means of communicating the lessons planned. The game which is played by 6 or 8 teams of 2-6 players requires 1.5-3 hours for completion including debriefing. It costs $195. It would be an excellent addition to the curriculum of a basic teams management course or program.
New Journals in Conflict Resolution
Journal of Collective Negotiations in the Public
Sector, Baywood Publishing Co., 26 Austin Ave., Amityville, NY
11701.
Review by James B. Boskey, first published in "Alternative Literature: Books in Review," The Alternative Newsletter, ed. James B. Boskey, Seton Hall Law School, Newark, New Jersey, March 1998.
In the last issue I noted the existence of this journal but indicated that I had not seen it. With the courtesy of Baywood press and Harry Kershen, the editor, I have now established an exchange so I will be reporting on it regularly. My unfamiliarity with the journal is not due to its being new. The current volume is #26, and the list of authors includes many familiar names. Each issue about 5-10 articles on labor issues in the public sector, all of which will be of interest to readers who are active in that area. I will be including listings of those of more general interests in the articles section of this newsletter. The articles range from the practical to the theoretical and , while short by law review standards, are well documented and elaborated without being unnecessarily wordy.
European Journal of International Relations,
Sage Publications UK, 6 Bonhill St., London EC2A 4PU, England.
Review by James B. Boskey, first published in "Alternative Literature: Books in Review," The Alternative Newsletter, ed. James B. Boskey, Seton Hall Law School, Newark, New Jersey, March 1998.
An interesting journal, with a range of interesting articles, but not really enough in the ADR area for me to include it. Those with an interest in the international relations area might well consider writing for a sample copy as the material is strong and well edited.
International Arbitration Law Review, Sweet
& Maxwell, 100 Avenue Road, London NW3 3PF, England.
Review by James B. Boskey, first published in "Alternative Literature: Books in Review," The Alternative Newsletter, ed. James B. Boskey, Seton Hall Law School, Newark, New Jersey, March 1998.
The first, teaser, issue v1#1 dated December 1997 has just arrived, and, what promised to be a useful contribution to the literature, seems to be living up to its promise. Printed in A4 size, somewhat of an inconvenience for those on this side of the pond, on high quality paper and well bound, its contents, combining the academic and the practical offer substantial value. The first issue offers an opinion piece by Yves Fortier on the future of international arbitration and articles on deferred enforcement under the New York Convention, Interim Protection under the new English Arbitration Act, a look at arbitration in Hong Kong in transition, and a guide to dealing with indisputable claims as well as several case comments. The articles are pragmatic in outlook but with appropriate academic appurtenances. In addition to these materials, a news section of 28 pages covers recent legislative and case developments in the area, a diary covers conferences and events, and Professor Zykin offers a nine page guide to conducting commercial arbitrations in the CIS. Lots of good stuff, albeit not cheap at £160 (UK and Europe) and £170 (elsewhere).
Contemporary Justice Review, edited by Dennis
Sullivan and several associate editors
Review by James B. Boskey, first published in "Alternative Literature: Books in Review," The Alternative Newsletter, ed. James B. Boskey, Seton Hall Law School, Newark, New Jersey, March 1998.
Contemporary Justice Review gives special attention to cutting-edge articles on peacemaking criminology, restorative justice theory and practice, alternative responses to harm (e.g., prison abolition), community
empowerment and crime prevention, nation-state/corporate violence and structural alternatives, conflict resolution and peaceful methods of problem-solving, and environmental justice. CJR will reflect a variety of formats, publishing not only scholarly articles, but personal essays, narrative histories on crime and punishment, roundtable discussions and exchanges, movie reviews that examine a filmmaker's contribution to understanding violence and justice, and book reviews that emphasize a work's contribution to justice studies. Contact International Publishers Distributor, PO Box 32160, Newark, NJ 07101. (800) 545-8398. Fax: (215) 750-6343. Please remember to state Contemporary Justice Review, journal code 264 and reference CJR with your full postal address.
Many thanks to mediate.com for this archive.
The Alternative Newsletter, Copyright © 1998 James B. Boskey. All rights reserved.
Return to Conflict Resolution and Peacebuilding: A Selected Bibliography
Return to Peacemakers Trust