Alternative Dispute Resolution,
Books
Apr. 27, 2013
Insights emanate from chronicles of mediation
Finding a talented mediator is good fortune. Finding a talented author is good fortune, too. Finding both in the same person is a treat, and Jan Schau's new book, "View from the Middle of the Road," is such a treat.
Joe W. Hilberman
ADR Services, Inc.Jan Frankel Schau
Neutral, ADR Services, Inc.
1900 Ave of the Stars Ste 250
Los Angeles 90067
Email: jfschau@adrservices.org
Loyola Law School; Los Angeles CA
Finding a talented mediator is truly good fortune. Finding a talented author is good fortune as well. Finding them both in the same person is a treat, and Jan Schau's new book, "View from the Middle of the Road," is just such a treat.
Full disclosure - Schau is a friend and colleague. It is that good fortune that provided me the opportunity to read an early copy of Jan's new work.
The book chronicles 12 mediations which Schau conducted, introducing us to the parties, their counsel and the conflict presented in an amusing and insightful way, protecting the confidentiality of the participants while painting a picture of their concerns, goals and personalities so that we can appreciate the difficulty presented to the mediator in attempting to bring resolution to the conflict.
Each case is organized in four parts: preparation for the mediation, the process, the strategy employed, and the results.
To her credit, Schau includes not only those cases which are successfully resolved, but those which fail as well. The reasons for the failures are as helpful and instructive as those successes. Consistent throughout is a sense of "self reflection," allowing Schau to grow and increase her effectiveness in assisting her clients to resolve the conflicts presented.
Included in the narrative is a discussion of the "tools of the trade" utilized in effective mediation, allowing the reader to reflect and perhaps adopt new and useful skills of conflict resolution.
As with any "first person" book, the work is suffused with "I," but it is not in a self-aggrandizing manner, but simply a necessity of the story-telling.
Not simply a collection of experiences, the book presents many effective tools and techniques, such as managing client expectations, controlling the process, the use of a mediator's proposal, and the value of follow-up in the event the negotiations are not immediately successful.
This is a sophisticated but very readable "how to," or more accurately, "how I do it," book. The insights into the process would be of great interest not only to the attorneys, but would provide valuable insights to all the participants, including the litigants and their representatives.
The book provides valuable observations and suggestions for any practitioner interested in increasing the probability of successful resolution of disputes through mediation.
"View from the Middle of the Road: A Mediator's Perspective on Life, Conflict and Human Interaction," by Jan Frankel Schau. AuthorHouse, 2013. Available at www.viewfromthemiddleoftheroad.com/.
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