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Techniques of mediation.

Techniques of Mediation.

By Walter A. Maggiolo. New York, Oceana Publications, Inc., 1985. 458 pp. $45.

Walter A. Maggiolo is an acknowledged authority on conflict resolution and his book is the distillation of the experiences and techniques he used in cases spanning more than 33 years as a full-time professional mediator.

Arthur J. Goldberg, former Supreme Court Justice and Secretary of Labor, remarks in the foreword, "His book is an important text for an age which has come to recognize that conflict resolution by mediation is preferable to imposed solutions. It is must reading.'

The author, building on his earlier book, Techniques in Labor Disputes, demonstrates the value of mediation in many areas. The major emphasis in Techniques of Mediation is on the practical rather than theoretical side. The book is a very successful attempt to assist mediators by describing and discussing techniques used in reaching constructive compromises.

All 32 chapters contained in this volume are written in a direct, succinct style with the practitioner always in mind. For example, chapter II is an excellent discussion of the differences between mediation and arbitration and conciliation and factfinding, as well as a description of how arbitration works, including the selection of arbitrators.

Chapter VII offers an insider's view on the history, activities, and recent changes in the Federal Mediation and Conciliation Service.

In the chapter, "Anatomy of a Mediator,' the author lists 16 qualities required of a mediator. Two of these qualities struck a responsive chord--the patience of Job and the hide of a rhinoceros.

A major contribution that this book offers to the rapidly growing field of mediation is its specific treatment of topics, for example, intervention, creating doubt in the parties' minds, proposing alternate solutions, confidentiality, caucus, and aids used in reaching an agreement.

Jerome T. Barrett authorized chapters on preventive mediation and ethical considerations in mediation. Barrett provides an insider's view of the Federal Mediation and Conciliation Service and an excellent review of dispute resolution in the public sector, a subject which has become critically important because of the dramatic growth of unionization among government employees.

One of the most informative chapters is the nonlabor relations use of mediation, ranging from the homeowners' warranty program to age discrimination in employment.

The appendix contains a wealth of material, including all of the major statutes, arbitration rules and regulations, and codes of professional ethics of the major mediation organizations in the United States.

The book is a treasure house of information and practical techniques on the uses of mediation and is written in a highly readable style.

Goldberg is right. This is must reading for anyone interested in mediation.
COPYRIGHT 1986 U.S. Bureau of Labor Statistics
No portion of this article can be reproduced without the express written permission from the copyright holder.
Copyright 1986 Gale, Cengage Learning. All rights reserved.

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Author:Martin, John J.
Publication:Monthly Labor Review
Article Type:Bibliography
Date:Oct 1, 1986
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