Mediation, a Necessary Element in Family Dispute Resolution?

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Author :
Publisher : Peter Lang Gmbh, Internationaler Verlag Der Wissenschaften
ISBN 13 :
Total Pages : 222 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Mediation, a Necessary Element in Family Dispute Resolution? by : Heike Stintzing

Download or read book Mediation, a Necessary Element in Family Dispute Resolution? written by Heike Stintzing and published by Peter Lang Gmbh, Internationaler Verlag Der Wissenschaften. This book was released on 1994 with total page 222 pages. Available in PDF, EPUB and Kindle. Book excerpt: Mediation as a method of alternative dispute resolution is gaining increased attention in a growing number of legal areas. In Australian law family counselling was developed to deal with issues related to family disputes. It is brought in prior to court settlement of disputes and thus integrated into the system of conflict resolution. The characteristics and use of alternative dispute resolution call into question the role of the court as the sole forum for institutionalised conflict resolution. For this reason the transferability of the concept of mediation into the German legal system needs to be examined. In particular, it needs to be measured against the yardstick of the German Constitution, which by granting basic substantive and procedural rights, sets out the demands a modern state of law makes on a method of conflict resolution.

Mediation in Family Disputes

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Author :
Publisher : Ashgate Publishing, Ltd.
ISBN 13 : 1409491331
Total Pages : 293 pages
Book Rating : 4.4/5 (94 download)

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Book Synopsis Mediation in Family Disputes by : Marian Roberts

Download or read book Mediation in Family Disputes written by Marian Roberts and published by Ashgate Publishing, Ltd.. This book was released on 2008-08-01 with total page 293 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the authoritative textbook on family mediation. As well as mediators, this work will be indispensable for practitioners and scholars across a wide range of fields, including social work and law. It draws on a wide cross-disciplinary theoretical literature and on the author's extensive and continuing practice experience. It encompasses developments in policy, research and practice in the UK and beyond. Roberts presents mediation as an aid to joint decision-making in the context of a range of family disputes, notably those involving children. Mediation is seen as a process of intervention distinct from legal, social work and therapeutic practice, drawing on a distinctive body of knowledge across disciplinary fields including anthropology, psychology and negotiation theory. Incorporating empirical evidence, the book emphasizes the value of mediation in mitigating the harmful effects of family breakdown and conflict. First published in 1988 as a pioneering work, this third edition has been fully updated to incorporate legal and policy developments in the UK and in Europe, new sociological and philosophical perspectives on respect, justice and conflict, and international research and practice innovations.

Family Mediation

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Author :
Publisher : Family Law Publications
ISBN 13 : 9781846612749
Total Pages : 0 pages
Book Rating : 4.6/5 (127 download)

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Book Synopsis Family Mediation by : Lisa Parkinson

Download or read book Family Mediation written by Lisa Parkinson and published by Family Law Publications. This book was released on 2011 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Mediation provides an alternative to litigation in the courts to resolve family disputes and/or make arrangements about children, finances, and other personal matters after separation or divorce. It is intended to reduce the time, cost, and stress involved by helping families reach long-lasting agreements in the best interests of all involved. The UK government is increasingly supportive of this form of dispute resolution and matrimonial lawyers need to be aware of how they can integrate mediation with their existing legal skills. Now in its second edition, this is an authoritative and practical guide which clearly explains the mediation process, taking the reader through each stage, explaining how to interact with other professionals, and providing invaluable advice on the role of the mediator in particular situations.

Mediation in Family Disputes

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Author :
Publisher : Routledge
ISBN 13 : 1351153102
Total Pages : 267 pages
Book Rating : 4.3/5 (511 download)

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Book Synopsis Mediation in Family Disputes by : Marian Roberts

Download or read book Mediation in Family Disputes written by Marian Roberts and published by Routledge. This book was released on 2017-11-28 with total page 267 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the authoritative textbook on family mediation. As well as mediators, this work will be indispensable for practitioners and scholars across a wide range of fields, including social work and law. It draws on a wide cross-disciplinary theoretical literature and on the author's extensive and continuing practice experience. It encompasses developments in policy, research and practice in the UK and beyond. Roberts presents mediation as an aid to joint decision-making in the context of a range of family disputes, notably those involving children. Mediation is seen as a process of intervention distinct from legal, social work and therapeutic practice, drawing on a distinctive body of knowledge across disciplinary fields including anthropology, psychology and negotiation theory. Incorporating empirical evidence, the book emphasizes the value of mediation in mitigating the harmful effects of family breakdown and conflict. First published in 1988 as a pioneering work, this third edition has been fully updated to incorporate legal and policy developments in the UK and in Europe, new sociological and philosophical perspectives on respect, justice and conflict, and international research and practice innovations.

Light on Peacemaking

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Author :
Publisher : Business Expert Press
ISBN 13 : 1631573128
Total Pages : 210 pages
Book Rating : 4.6/5 (315 download)

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Book Synopsis Light on Peacemaking by : Thomas DiGrazia

Download or read book Light on Peacemaking written by Thomas DiGrazia and published by Business Expert Press. This book was released on 2015-10-08 with total page 210 pages. Available in PDF, EPUB and Kindle. Book excerpt: Many books have been written about the practice of peacemaking, and few, if any, contribute to the non-violent, spiritual side of this ancient science, discipline, practice and art form. This book speaks to that lack and explores the spiritual, non-violent element in peacemaking as it applies to appropriate dispute resolution and mediating family law disputes. This book is intended for the professional peacemaker, mediator, lawyer, law student, conciliator, and dispute neutral. People wishing to improve their own communication skills and strengthen their primary relationships will profit greatly from this book. Those in the family law field, will find much benefit from the peacemaking processes, family counseling psychology, Eastern philosophy and Yoga, collected wisdom, experience and practice pointers presented in Light on Peacemaking.

Family Mediation

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Author :
Publisher :
ISBN 13 : 9781632809490
Total Pages : 0 pages
Book Rating : 4.8/5 (94 download)

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Book Synopsis Family Mediation by : Jane C. Murphy

Download or read book Family Mediation written by Jane C. Murphy and published by . This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The new edition of Family Mediation: Theory and Practice incorporates the many new developments in the field since its original publication in 2009. This edition includes a new chapter, 'Unrepresented Parties and Mediation', exploring the impact of the vast number of pro se litigants on the family mediation process. Another new chapter, 'Beyond Mediation: Collaborative Practice and Other Forms of ADR in Family Law', reflects the expanding options for family dispute resolution since our first edition. The new edition also includes an updated and expanded statutory appendix featuring representative changes in court based mediation rules and statutes, including new approaches to courts' treatment of domestic violence cases in family mediation as well as new rules on confidentiality and mediator qualifications and training. The remaining chapters are wholly revised and updated, including additional materials on mediating financial issues, domestic violence and mediation, mediator neutrality, and power differentials. The teacher's manual includes new seminar plans, exam questions and role plays.

Family Mediation

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Author :
Publisher : SAGE Publications
ISBN 13 : 1452247064
Total Pages : 487 pages
Book Rating : 4.4/5 (522 download)

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Book Synopsis Family Mediation by : Howard H. Irving

Download or read book Family Mediation written by Howard H. Irving and published by SAGE Publications. This book was released on 1995-07-19 with total page 487 pages. Available in PDF, EPUB and Kindle. Book excerpt: Preface by Hugh McIsaac Family mediation has quickly become a significant means of legal dispute resolution, recognized in most North American jurisdictions as a relief to already overburdened judicial systems. Using an innovative practical approach, the authors of Family Mediation incorporate the pivotal principles of family therapy into this new context--the judicial realm of family mediation. The practice model--therapeutic family mediation--thoroughly treats history, specific issues, and practice in an ecosystemic approach and responds to feminist critique of mediation. In addition, the authors offer important perspectives on mediating with multicultural populations and the role of the mediator in child custody disputes and child protection cases. Through examination of family mediation research as well as helpful case history vignettes, the authors of this volume take action to fill significant gaps between family therapy and mediation. Family Mediation provides a new take on family mediation that will benefit not only professionals and researchers in family studies, social work, clinical psychology, and sociology but also professional and volunteer mediators, conciliation court personnel, and family law specialists. "Family Mediation is an excellent blend of scholarship and practice, and it is the best of the books I have read on family mediation. First, it is clear and well written. Second, it provides an in-depth, current review of the divorce literature. The literature on divorce is large, uneven, and difficult to interpret. The authors have done a service to the profession by skillfully reviewing and integrating this literature." --Stephen J. Bahr, Brigham Young University "This book is one of the most comprehensive and well-researched texts on mediation to date. The authors have compiled an immense array of information regarding the history of family mediation, the practice and knowledge base, a review of literature regarding divorce, the principles of mediation, gender and cultural issues, elements in a child custody dispute, sharing parenting, cultural issues, and the use of mediation in dependency, and they include an excellent summary of research conducted. . . . Of particular value is the enormous scope of the review of literature and the work of others, not only in Canada but also the United States, Australia, and Great Britain, underscoring the international nature of this transformation. What Howard H. Irving and Michael Benjamin have done is chart a major shift in the handling of conflict and they have done it very well." --Family and Conciliation Courts Review "Howard H. Irving and Michael Benjamin have surveyed and summarized an immense amount of material within the covers of this volume, presenting it in a clear, readable style. It is one of the rare texts on mediation that does justice to the complexity of families generally and families in North America particularly--to their diversity of culture, to the scope of feminist thought and gender differences, and to the ranges of social class. Their attention to divergent forms of mediation and differences in practice across jurisdictions is broadly sighted. An excellent choice for a text in mediation." --Mary A. Duryee, Family Court Services, Alameda County, Oakland, CA "Howard H. Irving and Michael Benjamin grapple with what is the most difficult event that confronts almost half of all modern families--divorce. Historically, the developmental issues and problems surrounding divorce have been solved in the courts. But modern-day courts are overwhelmed by an avalanche of divorce cases, more than a million a year, and are unable to meet the needs of separating parties. Family Mediation offers a fundamentally different approach from the conventional legal system. The empirical research and clinical experience Irving and Benjamin bring to bear on this subject have resulted in the seminal work in this area. This delightful and thoughtful book is a must for the modern mediation practitioner who works with families and children." --Duncan Lindsey, Professor, UCLA, and Editor-in-Chief, Children and Youth Services Review "This book is unique in providing a complete overview of relevant subject areas for family mediation under one cover. Its writing is timely because it dispels some of the myths in the rapidly expanding field of family mediation. . . . Family Mediation is a comprehensive text that follows the development of family mediation through the present and concludes with the predictors of future directions. It is perhaps the most thorough critical review of the literature pertaining to family mediation and develops an inclusive practical model of practice for practitioners. The book is readable . . . responsible, and of interest to family mediators and the family law lawyers who work closely with them. It may become a must as a background for the novice family mediator about to embark on a course of training." --Laurel Pearson, McWhinney, Metcalfe, and Associates, Toronto, Canada

Mediation for Estate Planners

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Author :
Publisher :
ISBN 13 : 9781634255486
Total Pages : pages
Book Rating : 4.2/5 (554 download)

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Book Synopsis Mediation for Estate Planners by : Susan N. Gary

Download or read book Mediation for Estate Planners written by Susan N. Gary and published by . This book was released on 2016 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: An important new resource for attorneys to assist clients in resolving - and avoiding - disputes in an estate planning practiceEstate planners and elder law practitioners are increasingly aware of the availability of mediation as a tool for resolving family disputes. Probate courts around the country are increasingly interested in encouraging parties to try mediation before resorting to litigation. But by the time a dispute reaches the probate court, damage to family relationships may have already occurred.Mediation for Estate Planners: Managing Family Conflict provides the basic tools to understand and employ mediation within an estate planning practice and appreciate the usefulness of these alternative dispute resolution processes. Written by a team of experienced attorneys and mediators, this book can assist lawyers in recommending mediation to clients, either at the planning stage or soon after a dispute surfaces, so that families may be able to resolve disagreements before entrenched positions are established.The issues discussed in this book range from drafting mediation clauses for estate planning documents to using mediation to resolve probate and trust disputes; from bringing in a consultant with mediation training to addressing family business succession to assisting families dealing with guardianship and conservatorship issues; and from using mediation in hospital settings when families face difficult end of life decisions to using mediation to work through disputes between trustees and beneficiaries; and more.Topics are organized in these sections for ease of use and reference:Understanding the essential elements of mediationPractical perspectivesSpecific applications in the estate planning and administration contextMediator as consultant: family business succession planningArbitrationResources for practice, including a Tool Kit, bibliography, and more

The Handbook of Family Dispute Resolution

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Author :
Publisher : John Wiley & Sons
ISBN 13 : 0470635509
Total Pages : 502 pages
Book Rating : 4.4/5 (76 download)

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Book Synopsis The Handbook of Family Dispute Resolution by : Alison Taylor

Download or read book The Handbook of Family Dispute Resolution written by Alison Taylor and published by John Wiley & Sons. This book was released on 2010-04-19 with total page 502 pages. Available in PDF, EPUB and Kindle. Book excerpt: No matter your profession (attorney, clinician, family therapist) or skill level (seasoned professional or novice), The Handbook of Family Dispute Resolution is an invaluable resource that outlines the most effective mediation approaches, techniques, and skills. The Handbook of Family Dispute Resolution is a practical and comprehensive guide that includes * A review of professional ethics and standards * Help for attorneys who are not trained in the skills needed for working with families * Information about cultural issues that affect families during mediation * Highlights of key legal and negotiation skills * Guidelines for understanding complex family dynamics and conflicts * A screening tool for evaluating domestic violence * A matrix for starting discussions of parenting plans based on children's needs * An examination of specialized practices for family mediation * Direction for assessing one's professional approach to family mediation

Nordic Mediation Research

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Publisher : Springer
ISBN 13 : 3319730193
Total Pages : 268 pages
Book Rating : 4.3/5 (197 download)

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Book Synopsis Nordic Mediation Research by : Anna Nylund

Download or read book Nordic Mediation Research written by Anna Nylund and published by Springer. This book was released on 2018-04-03 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt: This open access book presents twelve unique studies on mediation from researchers in Denmark, Finland, Norway and Sweden, respectively. Each study highlights important aspects of mediation, including the role of children in family mediation, the evolution and ambivalent application of restorative justice in the Nordic countries, the confusion of roles in court-connected mediation, and the challenges in dispute systems. Over the past 20-30 years, mediation has gained in popularity in many countries around the world and is often heralded as a suitable and cost-effective mode of conflict resolution. However, as the studies in this volumes show, mediation also has a number of potential drawbacks. Parties’ self-determination may be jeopardized, affected third parties are involved in an inadequate way, and the legal regulations may be flawed. The publication can inspire research, help professionals and policymakers in the field and be used as a textbook.

Mediation for Estate Planners

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Author :
Publisher : American Bar Association
ISBN 13 : 9781634255479
Total Pages : 0 pages
Book Rating : 4.2/5 (554 download)

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Book Synopsis Mediation for Estate Planners by : Susan N. Gary

Download or read book Mediation for Estate Planners written by Susan N. Gary and published by American Bar Association. This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is an important resource for attorneys and related professionals to help their clients in resolving - and avoiding - disputes that occur in the estate planning process. Written by a team of experienced attorneys and mediators, Mediation for Estate Planners provides the fundamental knowledge and basic tools employ mediation within an estate planning practice. It provides practice-proven guidance on recommending mediation to clients, either at the planning stage or soon after a dispute surfaces, so that families may be able to resolve disagreements before entrenched positions are established. The book considers all relevant issues involving the use of mediation in an estate planning practice, including drafting mediation clauses for estate planning documents; using mediation to resolve probate and trust disputes; addressing family business succession; guardianship and conservatorship issues; using mediation in hospital settings when families face difficult end of life decisions; working through disputes between trustees and beneficiaries; and more.

Mediation in Family Disputes

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Author :
Publisher : Gower Publishing Company, Limited
ISBN 13 :
Total Pages : 150 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Mediation in Family Disputes by : Marian Roberts

Download or read book Mediation in Family Disputes written by Marian Roberts and published by Gower Publishing Company, Limited. This book was released on 1988 with total page 150 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Resolving Family Conflicts

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Publisher : Routledge
ISBN 13 : 1351903829
Total Pages : 1146 pages
Book Rating : 4.3/5 (519 download)

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Book Synopsis Resolving Family Conflicts by : Jane Murphy

Download or read book Resolving Family Conflicts written by Jane Murphy and published by Routledge. This book was released on 2017-03-02 with total page 1146 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the past two decades, virtually all areas of family law have undergone major doctrinal and theoretical changes - from the definition of marriage, to the financial and parenting consequences of divorce, to the legal construction of parenthood. An equally important set of changes has transformed the resolution of family disputes. This 'paradigm shift' in family conflict resolution has reshaped the practice of family law and has fundamentally altered the way in which disputing families interact with the legal system. Moreover, the changes have important implications for the way that family law is understood and taught. This volume examines the contours of this paradigm shift in family conflict resolution and explores its implications for family law scholarship and practice. The interdisciplinary compilation includes contributions from lawyers, legal academics, social scientists and mental health professionals. As the articles in the volume demonstrate, the transformation in family conflict resolution holds considerable promise for disputing families, but it also raises a number of challenges. These challenges include concerns about the institutional competence of courts, the surrender of fact-finding and decision-making to individuals without legal training, the loss of autonomy and privacy for family members subject to continuing court oversight and the disjunction between problem-solving justice and authoritative legal norms. By exploring both the promise of the new paradigm and its potential pitfalls, this volume engages family law scholars and offers insights to judges, practitioners and policy makers responsible for serving families in conflict.

Family Mediation

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Author :
Publisher : Jossey-Bass
ISBN 13 : 9780787903121
Total Pages : 196 pages
Book Rating : 4.9/5 (31 download)

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Book Synopsis Family Mediation by : Robert Coulson

Download or read book Family Mediation written by Robert Coulson and published by Jossey-Bass. This book was released on 1996-10-15 with total page 196 pages. Available in PDF, EPUB and Kindle. Book excerpt: Details the rapidly growing field of dispute resolution This nuts-and-bolts guide offers a blueprint for developing the skills you need to master the often complex and emotionally charged process of family mediation. In a lively and entertaining style, Robert Coulson, former president of the American Arbitration Association and an internationally recognized expert in dispute resolution, presents exactly what training, marketing, and experience are needed to compete successfully in this rapidly growing field. The family mediation process is revealed, from the first step of persuading parties to mediate through the last details of nailing down a settlement. Current information is provided on many legal issues, including: * marriage and divorce * child support * alimony * custody * visitation

Family Dispute Resolution

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Author :
Publisher : Oxford University Press
ISBN 13 : 0197545904
Total Pages : 633 pages
Book Rating : 4.1/5 (975 download)

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Book Synopsis Family Dispute Resolution by : Peter Salem

Download or read book Family Dispute Resolution written by Peter Salem and published by Oxford University Press. This book was released on 2023-12 with total page 633 pages. Available in PDF, EPUB and Kindle. Book excerpt: Family Dispute Resolution brings together some of the field's leading practitioners, researchers, teachers, and policymakers to share their expertise and experience. This overview of family dispute resolution processes and practices is designed to help professionals who assist separating and divorcing parents make decisions about the future of their families. It is essential reading for legal and mental health professionals in the field and law and graduate students who intend to work with separating and divorcing families.

Renegotiating Family Relationships

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Author :
Publisher : Guilford Press
ISBN 13 : 1609189817
Total Pages : 257 pages
Book Rating : 4.6/5 (91 download)

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Book Synopsis Renegotiating Family Relationships by : Robert E. Emery

Download or read book Renegotiating Family Relationships written by Robert E. Emery and published by Guilford Press. This book was released on 2012-01-01 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: Long recognized as the authoritative guide for clinicians working with divorcing families, this book presents crucial concepts, strategies, and intervention techniques. Robert E. Emery describes how to help parents navigate the emotional and legal hurdles of this painful family transition while protecting their children's well-being. The book is grounded in cutting-edge research on family relationships, parenting, and children's adjustment, including Emery's groundbreaking longitudinal study of the impact of divorce mediation versus litigation. It provides a detailed treatment manual for mediating custody and other disputes, developing collaborative parenting plans, and fostering positive postdivorce family relationships. New to This Edition *Reflects the latest psychological research, as well as divorce and custody law. *Chapters on understanding and addressing divorcing partners' anger and grief. *Treatment manual chapters have been extensively revised. *Incorporates the author's 12-year follow-up study.

Bringing Peace Into the Room

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Author :
Publisher : John Wiley & Sons
ISBN 13 : 0787968501
Total Pages : 325 pages
Book Rating : 4.7/5 (879 download)

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Book Synopsis Bringing Peace Into the Room by : Daniel Bowling

Download or read book Bringing Peace Into the Room written by Daniel Bowling and published by John Wiley & Sons. This book was released on 2003-09-30 with total page 325 pages. Available in PDF, EPUB and Kindle. Book excerpt: Bringing Peace Into the Room examines the personal qualities that make a mediator effective. The eminent authors of this volume go beyond traditional descriptions of academic training, theoretical orientation, and refinement of technique to confront issues related to personal temperament and the crucial psychological, intellectual and spiritual qualities of the mediation professional— qualities that are often the most potent elements of successful mediation. In this comprehensive resource, Daniel Bowling and David Hoffman bring together a stellar panel of practitioners, academics, teachers, and trainers in the field— Michele LeBaron, Kenneth Cloke, Robert Benjamin, Don Saposnek, Sara Cobb, Peter Adler, Jonathan Reitman, Lois Gold, Marvin Johnson, and others— ¾who share their personal experiences as mediators. Each contributor demonstrates that at the very heart of conflict resolution is the subtle interaction between the parties and the mediator's personal and authentic style.