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Things we have found useful

There are many excellent resources for mediators and it's difficult to know where to begin. However, we have identified some "must-haves" and here they are

Book: The New Lawyer

First, a book that is a complete page-turner is The New Lawyer: How Settlement Is Transforming the Practice of Law. It's almost apocryphal that the availability of mediation and other forms of alternative dispute resolution worldwide are largely controlled by lawyers' bars and other legal organizations, and that the default recourse available to most disputants is rights-based advocacy through the courts.

Professor Julie MacFarlane describes in detail the shortcomings of this approach, and presents a new context in which lawyers can use their hard-earned skills for interest-based resolution of their cases. Professor MacFarlane tells me that her latest research with self-represented litigants "chillingly reflects the warnings...that are the sub-text in the book". Also worth noting that a copy of this book was issued to every lawyer in Poland! If you only buy one book, this is it.

Video: Legal Negotiator Pro

Next, we need to put the above into practice. The sad fact is that although mediation involves cooperative negotiation, most of us have had little to no training in the art of negotiating. Mediation training is focussed heavily on the art of listening, communication, caucus vs joint sessions, and so forth - all vital stuff, but at some point the parties need to learn the art of concession versus demand, timing, give and take. Absolutely the best training course for lawyers and the rest of us is Doug Noll's "Negotiation Mastery for the Legal Pro" - nine hours of videos with a comprehensive workbook, worksheets, and more. If you've never heard of Robert Axelrod, or game theory, you need to RUN and get this course. If you're in California you get 9 hours of MCLE's so this is money you would have to spend anyway. I personally value the course because as a mediator, I can now offer services to lawyers as a negotiation consultant. Just saying! And finally, if you purchase the course through the Mediator Registry we will give you a free lifetime upgrade on the Registry which comes with its own set of benefits.

e-Book: Mediation & Resource Guide
Mediation: A Training & Resource Guide for the Mediator

This book can be said to be a “fresh new outlook” on the mediation scene. Filled with information desired by the “novice” and the “experienced” mediator as a must-have for their mediation toolkit. A daily dose of reading material is suggested in order to maintain an orderly and systematic approach to the material provided in this book.

Great reading material for today’s mediator. Mediation, A Training & Resource Guide for the Mediator, takes on a new approach by educating the “novice,” and the “seasoned,” mediator to the field of mediation; this book is filled with articles, and more on the subject of conflict resolution and mediation. As a bonus for readers, this book contains the Martin Luther King Dispute Resolutions’ Mediation Training Manual.

Note: Some of the reading material pertains to California, USA, specifically the soon-to-be-closed LASC ADR program. However, the book is an invaluable resource even if this particular information becomes extraneous. There is a link to the paperback version of the book below.

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