Buku Mediation: Essential Legal Skills Series

• Judul Buku: Mediation: Essential Legal Skills Series
• Penulis: Michael Noone
• Penerbit: London: Cavendish Publishing Limited, 1998
• Cetakan: Reprint 1998
• Bahasa: Inggris
• ISBN: 1859412025

Sinopsis Buku Mediation: Essential Legal Skills Series

Mediation is about disputing parties appointing a skilled third party – the mediator – to assist them in finding a mutually acceptable solution to their differences.

Mediation is now recognised as a viable and much cheaper alternative to adjudication for achieving a lasting resolution of all kinds of inter-personal, commercial, industrial and community disputes.

On the eve of the 21st century, mediation must be viewed as part of the normal expectation of dispute management and resolution processes available to clients, and one which, in many instances, will provide better protection of a client’s interests than going to trial. Thus, a good understanding of the skills necessary for successful mediation is now essential for all lawyers.

In the past five years, courses on mediation have burgeoned in the law faculties and in continuing legal education. Most of these are training courses, with the wholly practical intent of passing on a particular model of mediation and a number of techniques to go with it.

This text seeks to go further than simply providing a comprehensive introduction to the skills and techniques employed by professional mediators today. It also seeks an understanding of how and why mediation works. In order to relate theory to practice, it is vital to have an appreciation of the philosophical ideas informing those individuals and agencies involved in the contemporary world-wide mediation movement.

This text is organised into three parts

In Part 1: Definitions and Dynamics of Mediation

Chapter 1 explains the idea of mediation, how mediation works and why it works. Different styles of mediation and examples of how mediation can work in tandem with other methods of dispute resolution are described and explained. In Chapter 2 the participants’ various roles are examined. Chapter 3 describes and explains the basic mediation process which is used throughout the Western world today.

In Part 2: Strategies, Tactics and Skills for Mediation

In Chapters 4, 5, 6 and 7, the skills and techniques employed by mediators before and during the various stages of the mediation process are explained, illustrated and regularly reviewed by reference to specific case studies.

Throughout, this text takes the view that the learning of skills is much more than drilling or repetition until some mechanical level of competence in practising the particular skill is achieved. With a complex activity like mediation, it is obvious that the mediator must constantly use her or his perceptions of an evolving situation to make appropriate behavioural responses which bring the participants closer to the desired end of the settlement of their dispute.

Mediation involves continuous choices: actions and reactions and the felicitous employment of many skills and strategies. Successful mediators must not only develop an extensive range of specialist skills but also be prepared to continue to work on applying these to new situations.

Part 3: Review and Testing of Mediation Skills

Provides the reader with an opportunity for such essential practice and self evaluation. It is not possible to name the numerous people who have contributed to the author’s understanding of the mediation skills, tactics and strategies described in this text.

Apart from his personal experiences of mediation in Australia, the author gained many insights from meeting mediators and observing mediations during study tours of Canada and the United States in 1991 and South Africa in 1995 and from participating in training courses with CDR Associates in Boulder, Colorado and with the New South Wales Law Society and Australian Commercial Disputes Centre.

The case studies and simulations draw generally upon the personal experience of the author but none of the parties or events mentioned in them concern real persons or relate to actual disputes.

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