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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.
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