Cameron, Camille --- "Mediation, Skills and Techniques by Laurence Boulle" [2002] AltLawJl 91; (2002) 27(5) Alternative Law Journal 252

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• Mediation, Skills and Techniques

Reviews

Mediation, Skills and Techniques

_{by Laurence Boulle; Butterworths, 2001; 331 pp; $55.00.}

This excellent addition to the Butterworths Skills series is a practical guide to essential mediator skills. The book may disappoint anyone who is looking for a discussion of some of the broader theoretical and philosophical issues raised by mediation, such as mandatory and court-ordered mediation, user satisfaction and the quality of mediation outcomes, but the author expressly excludes those issues from the scope of the book. It is intended to be and is a practical skills book for mediators and aspiring mediators, and it fulfills that role well. The book proceeds on the reasonable assumption that mediation skills can be learned, and does an excellent job of contributing to that learning process. While the author considers to some extent the situational skills required in specific categories of mediations, the focus is on the universal skills common across disciplines.

There is plenty of practical advice in the book which will be of particular interest to students and novice media­ tors. In Chapter 5, for example. each stage of the mediation process is identified and explained. The sample opening statement, case illustrations and tables enhance the explanations of the mediation process in this chapter. The analysis of the process of developing and using a list of issues and an agenda is thorough and practical and should be helpful to all mediators interested in improving their skills.

The book is useful not only for its advice about how to mediate, but also for the advice about bad mediation practice. The cautionary comments in Chapter 11 regarding the most common mistakes made by mediators should be of interest to novice and experienced mediators. For example, the admonition that mediators must avoid allowing their interest in a settlement drive the conduct of the mediation is an important reminder as the use of mediation increases and as more and more mediation is by court order.

One of the most attractive and useful features of the book is that it acknowledges the fundamental fact that mediation is facilitated negotiation. Basic negotiation principles and practices are identified and analysed in the context of how they affect and are affected by the mediation process. The author reminds us in Chapter 7 that mediators who have a thorough under­ standing of negotiation theory and practice are well placed to make appropriate interventions in the mediation process, for example, by educating and informing the parties about the advantages and disadvantages of different types of opening offers. Similarly, in chapter 4 the author recognises the importance of conflict theory in the context of mediation and explains how an understanding of conflict theory enables the mediator to make timely and constructive interventions during the mediation process.

The exercises at the end of each chapter highlight and reinforce the most important points in each chapter, and should appeal to those involved in mediation and negotiation teaching and training. They are designed to encourage lateral thinking about the mediation process and to draw on students' personal experiences to assist them in understanding the mediation process. The brief summaries at the end of each chapter of the main points covered in the chapter increase the user-friendly and accessible tone of this book.

Mediation Skills and Techniques is a thoughtful, analytical and accessible addition to the literature on mediation skills. The author has applied his considerable practical and teaching skills to produce an excellent book that should appeal to students, teachers and practitioners. While experienced mediators might find that it is too basic for their purposes, perhaps they would be well advised to reconsider this view. All practitioners can benefit from a periodic reconsideration of the first principles on which their practice is based, and this book presents the first principles of mediation in a comprehensive and accessible manner.

CAMILLE CAMERON

Camille Cameron teaches civil procedure and dispute management at the University of Melbourne.