Book Review: How Mediation Works: Theory, Research, and Practice by Stephen B. Goldberg, Jeanne M. Brett, Beatrice Blohorn‐Brenneur, With Nancy H. Rogers

• Author: Amy G. Applegate
• Published date: 01 July 2018
• Date: 01 July 2018
• DOI: http://doi.org/10.1111/fcre.12368

THE BOOK SHELF

BOOK REVIEW: HOW MEDIATION WORKS: THEORY, RESEARCH,

AND PRACTICE BY STEPHEN B. GOLDBERG, JEANNE M. BRETT,

BEATRICE BLOHORN-BRENNEUR, WITH NANCY H. ROGERS

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Amy G. Applegate

This is a book review of How Mediation Works: Theory, Research, and Practice by Stephen B. Goldberg, Jeanne M. Brett,

Beatrice Blohorn-Brenneur, with Nancy H. Rogers. How Mediation Works is intended for a wide range of audiences: practic-

ing mediators; aspiring mediators; those who may refer cases to mediation; participants in mediation, including parties and

attorneys; managers who facilitate disputes; and those interested in mediation without a specific plan to engage in the practice

(who the authors call “mediation learners”). The book is a well-written, thoughtful, easy-to-read, organized, and concise over-

view of mediation practice. The book is divided into six chapters: (1) conflicts, disputes, and their resolution; (2) dispute res-

olution processes; (3) the roles of the mediator and the disputing parties at each step of the mediation process; (4) dealing

with difficulties; (5) mediation and the law; and (6) suggestions for aspiring mediators. Though not an authority for family

law mediation, the book provides many insightful observations and suggestions that would be instructive and helpful to any

mediator or individual with an interest in mediation.

Key Points for the Family Court Community:

•This is a book review of a newaddition to the mediation literature.

•The book is a “short and sweet”overview of mediation practice and issues for experienced and new mediators and

those without mediation experience.

Keywords: Alternative Dispute Resolution; Book Review;Dispute Resolution; Interest-Based Negotiation; Mediation; Medi-

ation Privilege; Mediator Confidentiality; and Mediator Ethics.

As I started reading How Mediation Works, I was reminded of the old Aesop’s Fable, The Man,

the Boy, and the Donkey. That is the story about the man and his son who, while traveling to the

market, responded to criticisms of passersby and followed varying suggestions about how to travel

with their donkey. In the end, while carrying the donkey (rather than either of them riding on the

donkey), the donkey fell off a bridge and drowned. An old man following the man and his son then

tells them, “That will teach you. Please all, and you will please none.”

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How Mediation Works is a book intended for a wide range of audiences: practicing mediators;

aspiring mediators; those who may refer cases to mediation; participants in mediation, including

parties and attorneys; managers who facilitate disputes; and who the authors call “mediation

learners,”those interested in mediation without a specific plan to engage in the practice. At the out-

set, I was skeptical that the authors could make a serious contribution to the alternative dispute res-

olution (ADR) field by undertaking such an ambitious scope of readership. My skepticism proved

to be unfounded. Indeed, How Mediation Works is a well-written, thoughtful, well-organized, and

concise overview of mediation practice for many audiences. Frequently, the information provided

would be helpful to professionals and mediation participants alike. The book is easy to read and

accessible to both professionals and laypersons. That said, the book is not and does not purport to

Correspondence: aga@indiana.edu

FAMILY COURT REVIEW, Vol. 56 No. 3, July 2018 506–512

© 2018 Association of Family and Conciliation Courts