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Mediators have long debated whether "evaluative mediation," the
kind commonly practiced by retired judges and others who frequently
mediate in the context of litigation, should be called mediation.
The crux of that debate concerns whether evaluations by the
mediator undermine party self-determination. Simon and West's book
is intended to advance the conversation beyond the question of
evaluation to include subtler ways in which mediators may undermine
or support self-determination. Self-determination is a principle
that distinguishes mediation from other forms of dispute resolution
and is a topic taught in most introductory mediator training
courses. Discussions generally focus on the experience of
participants and the techniques employed to nurture and safe-guard
self-determination. Much of the writings that touch on
self-determination talk about the techniques and strategies
mediators use in order to support party self-determination.
Uniquely, Tara West and Dan Simon follow a different path. They too
are interested in the methods used by mediators, but what
distinguishes their book is their examination of the mediator's
decision-making process. In a step-by-step exploration, they show
first how mediators assess the situation, then generate a possible
explanation for the parties' attitudes, behaviors and ways of
communicating, and finally choose an approach intended to encourage
party self-determination. As part of examining the mediators
thought process, the authors also describe how, in generating an
explanation, mediators purposefully examine their own reactions to
the parties as well as their own beliefs and theories. In this,
they show how beliefs influence action-a key aspect of reflective
practice. In the practice examples they explore throughout the
book, the authors also emphasize the importance of and methods for
learning from and through experience.
Mediators have long debated whether "evaluative mediation," the
kind commonly practiced by retired judges and others who frequently
mediate in the context of litigation, should be called mediation.
The crux of that debate concerns whether evaluations by the
mediator undermine party self-determination. Simon and West's book
is intended to advance the conversation beyond the question of
evaluation to include subtler ways in which mediators may undermine
or support self-determination. Self-determination is a principle
that distinguishes mediation from other forms of dispute resolution
and is a topic taught in most introductory mediator training
courses. Discussions generally focus on the experience of
participants and the techniques employed to nurture and safe-guard
self-determination. Much of the writings that touch on
self-determination talk about the techniques and strategies
mediators use in order to support party self-determination.
Uniquely, Tara West and Dan Simon follow a different path. They too
are interested in the methods used by mediators, but what
distinguishes their book is their examination of the mediator's
decision-making process. In a step-by-step exploration, they show
first how mediators assess the situation, then generate a possible
explanation for the parties' attitudes, behaviors and ways of
communicating, and finally choose an approach intended to encourage
party self-determination. As part of examining the mediators
thought process, the authors also describe how, in generating an
explanation, mediators purposefully examine their own reactions to
the parties as well as their own beliefs and theories. In this,
they show how beliefs influence action-a key aspect of reflective
practice. In the practice examples they explore throughout the
book, the authors also emphasize the importance of and methods for
learning from and through experience.
The criminal justice process is unavoidably human. Police
detectives, witnesses, suspects, and victims shape the course of
investigations, while prosecutors, defense attorneys, jurors, and
judges affect the outcome of adjudication. In this sweeping review
of psychological research, Dan Simon shows how flawed
investigations can produce erroneous evidence and why well-meaning
juries send innocent people to prison and set the guilty free.
The investigator s task is genuinely difficult and prone to
bias. This often leads investigators to draw faulty conclusions,
assess suspects truthfulness incorrectly, and conduct coercive
interrogations that can lead to false confessions. Eyewitnesses
identification of perpetrators and detailed recollections of
criminal events rely on cognitive processes that are often mistaken
and can easily be skewed by the investigative procedures used. In
the courtroom, jurors and judges are ill-equipped to assess the
accuracy of testimony, especially in the face of the heavy-handed
rhetoric and strong emotions that crimes arouse.
Simon offers an array of feasible ways to improve the accuracy
of criminal investigations and trials. While the limitations of
human cognition will always be an obstacle, these reforms can
enhance the criminal justice system s ability to decide correctly
whom to release and whom to punish."
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