Self-Determination in Mediation: The Art and Science of Mirrors and Lights

Mediators have long debated whether "evaluative mediation" should be called mediation. Simon and West's book advances the conversation beyond the question of evaluation to include subtler ways in which mediators may undermine or support self-determination. They explore the mediators decision-making process, including how they assess the situation, generate explanations for the parties' attitudes, behaviors, and ways of communicating, and choose an approach intended to encourage party self-determination. They also emphasize the importance of learning from and through experience.

Format: Hardback
Length: 198 pages
Publication date: 01 September 2022
Publisher: Rowman & Littlefield

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 mediators 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 demonstrate how evaluative mediation can be used to support party self-determination by fostering a collaborative and constructive environment, promoting mutual understanding, and assisting parties in reaching mutually acceptable solutions. They also highlight the importance of ethical considerations in evaluative mediation, such as maintaining confidentiality, avoiding bias, and ensuring fairness and impartiality.

In conclusion, Simon and West's book is a valuable contribution to the field of mediation, offering a fresh perspective on the decision-making process of mediators and the ways in which they can support party self-determination. By examining the mediators' thought process and the techniques they use, the authors provide valuable insights for practitioners and scholars alike. The book is a must-read for anyone interested in enhancing their skills and knowledge in mediation.

Weight: 490g
Dimension: 236 x 161 x 19 (mm)
ISBN-13: 9781538153857