Book Review : Making mediation work for you – a practical handbook

Making mediation work for you (LAG 2012)Making mediation work for you – a practical handbook

Kate Aubrey-Johnson with Helen Curtis (LAG, 2012)

As someone who has recently trained as a family mediator I was keen to review this handbook. It contains a wealth of useful explanatory material about mediation in general, and about the way that mediation operates in particular areas such as community mediation, family mediation and workplace mediation.

The material is well presented and easy to understand, and the FAQs from established practitioners were helpful. I thought it odd though that several of the case studies set out a scenario and then explained that mediation had helped the parties to agree an outcome, without setting out what that outcome was. The sections on family mediation were well set out and clear and so apparently were the other subject specific sections.

For most readers though, I thought that in fact the coverage was likely to be a bit too rangy – I found myself skipping chunks of the book which were either teaching me to suck eggs, or covering areas which were not useful to my practice, notwithstanding an interest in other types of mediation. Whilst much of the material is apparently aimed at non-mediators, a large portion of the material appears to be aimed at mediators themselves or the legal advisors of the parties to mediation, for whom the more basic sections on what is mediation and why mediate are (one might hope) rather less necessary. So, to my mind, this is a book from which different people will pick and choose the chapters that interest or inform them, although few will benefit from every chapter.

However, as an introduction to the principles and benefits of mediation I would say this book would be invaluable, particularly for those who are likely to encounter one or more types of mediation tangentially in their everyday work – I thought for example that a copy should be on the bookshelf of every District Judge and every CAFCASS Office, every Local Authority legal department and every legal outfit be it chambers or solicitors firm. There is much that is poorly understood about mediation and this book really does help to clarify the boundaries and limitations of mediation as well as its potential strengths and flexibility.

I think that this is a useful reference text to call upon as needed, but not one which is best suited to a cover to cover read.

At only £40.00 (£28.50 on Amazon) I think this book is well worth the money.

Upside Down on Mediation

The serendipity of twitter led me recently to a blog post entitled “Family Law: Mediation and Alternative Dispute Resolution – The Role of a Barrister“. Being a family barrister and mediator this seemed like something of a “must read”. It is written by a barrister from Brisbane, Australia where there are many similarities with our own legal system and indeed our family system. But apparently some pretty big differences between our approaches to mediation and our understanding of its benefits.

Ross Bowler, the author of the blogpost, in essence appears to suggest that a client directed away from litigation is a client who has been done a disservice, who has somehow forfeited an entitlement, who will be getting a bum deal. His post uses quite absolute terminology which, coming from a lawyer, one must assume to be deliberate:

Any attempt to compromise family law litigation prior to that complete preparation being undertaken, including a comprehensive advice from and conference with the barrister, must:
•    Necessarily deny the client the opportunity to be fully informed about their matter; and
•    Colour any compromise accordingly. [Bold my emphasis]

No ifs and buts there then.

So before we advise our clients that maybe they might want to think about ways of avoiding a court based bun fight we have to get them fully prepped and trial ready, and lighten their pockets before they do something daft like donate their “entitlement” to the other side? Uh….huh… Continue Reading…

Mediation Marathon

I’ve just spent the first of six days training to be a family mediator. It’s been daunting but exciting, interesting but exhausting. Tomorrow the role play begins. It must be done. Eyes on the prize an’ all that. However, whilst not overbrimming with enthusiasm for role play, nor for losing my precious weekend to such masochism, I am enthusiastic about the skills I am learning, and to put them to use both in the context of mediation and in my court based work.