THE BOOKSHELF

E. Ronald Hurlbert, PhD.

MEDIATION: A Comprehensive Guide to Resolving Conflicts Without Litigation

Jay Folberg & Alison Taylor, San Francisco: Jossey-Bass Publishers, 1984
Mediation is an alternative to violence, self-help, or litigation that differs from the processes of counseling,
negotiation, and arbitration. It can be
defined as the process by which the
participants, together with the assistance of a neutral person or persons,
systematically isolate disputed issues
in order to develop options, consider
alternatives and reach a consensual
settlement that will accommodate
their needs. Mediation is a process
that emphasizes the participants own
responsibility for making decisions
that affect their lives. It is therefore a
self-empowering process. p. 8

ity of the client to rely on their normal level of

insight into the solution of problems. This reduces their ability to objectively look for alternative forms of coping behaviors that are productive and successful.
The authors have also provided an excellent outline of the various stages of mediation,
providing the reader with a clear description of
the interaction of the mediator and the client.
The chapter on Counseling Concepts for
Developing Mediation Skillsstresses the need
for a common vocabulary in the field of
mediation-a common understanding about
the dynamics of change and the processes of
human growth basic to all people. Areas such as
motivation, the ABC matrix (affect, behavior,
cognition), blocks to communication, empathy,
as well as the dynamics of stress, anger, anxiety,
grief and loss are major areas stressed by the
authors, as background information necessary
for successful mediation.
Folberg and Taylor have not lost sight of the
basic rule of thumb, i.e., that the focus of mediation is the resolution of conflict between human
beings, consequently, the complexity of the
dynamics of the human ego must be taken into
consideration by the mediator because in the
last analysis the motivation of the client to settle
is in direct proportion to the operational, intact
levels of ego integrity.
The authors provide the reader with a
theoretically sound and very practical chapter on
methods for enhancing communication and a
detailed outline for the application of communication theory within the mediation process.
Their volume illustrates the application of
mediation in various settings: family and divorce
mediation as well as in the resolution of neighborhood disputes, educational disputes, housing, police and crisis mediation, environmental
disputes and minority relations.
Aware that the field of mediation is in its

In the past year, books on mediation have

appeared on the market in growing numbers.
However,to date, none of the volumes have
attained the perspective captured by Folberg
and Taylor. The authors, representing the fields
of Law and Behavioral Science, provide an
overview as well as a detailed discussion of
mediation and the issues inherent in the process
from both the legal and psychological perspectives that is very comprehensive and practical.
The analysis of the stuff of mediationCONFLICT is excellent in its treatment of the
theory of conflict by Morton Deutch which divides conflict into manifest (overt) and underlying (implicit) conflict, delineating its relationship
to the presenting problem as well as the hidden
agendas operative in mediation sessions.
Stress is placed on the need for the mediator to
separate out these issues and identify them
clearly for the disputants. This line of thinking
and practice parallels the task of the clinician in
separating the overt presenting problem of the
client, from less conscious motivators. Unconscious motivation obscured by the exaggerated
use of the defense mechanisms curtails the abilI

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infancy in defining an organized body of knowledge, a code of ethics and consumer protection
regulations, the authors have provided an excellent analysis of what is needed in the areas of
education and training for mediators as well as
an excellent and thought provoking section on
ethical, professional and legal issues as they
pertain to the lawyer-mediator as well as the
mental health mediator and teams of comediators from each of these disciplines. They
also lead the discussion to the ultimate need for
dealing with the issues of licensure and certifi-

cation for the rapidly growing field of mediation.

The comprehensive and in-depth treatment
of the topic of mediation that is presented by
Folberg and Taylor is, without doubt, the most
excellent text that this reviewer has had the
privilege to read. I recommend this volume unreservedly as the best, most important work for
all private and public practitioners. For those of
us who are afso involved in the field of higher
education dealing with the topic of mediation, I
would also suggest that this work is eminently
suited to be used as a graduate level text.

FAMILY STUDIES REVIEW YEARBOOK (v01.2)

David H. Olson & Brent C. Miller (Eds.), Beverly Hills: Sage Publications, 1984

This anthology, contrary to the Romans

division of Gaul, consists of seven parts with
sub-chapters,all of which have been contributed
by major family theorists, researchers and practitioners. The developments in theory and research since 1970 are clearly presented and
evidence the growing theoretical and professional expansion of the state of the art and discipline of Family Therapy.
For counselors in daily contact with nuclear,
emergent, blended and extended families, this
volume provides a perspective of the field that is
sometimes difficult to maintain on the day-to-day
level of the therapist engaged in a practice or
agency setting. Parts 3,5 and 6 are of particular
note for counselors who are involved in the Conciliation Court setting. Part 3 (Parent-Child Relationships) is excellent in its treatments of childrens early experiences in the family; mother/
father infant interaction; the effects on the
parent-child relationships with the advent of a
second child and the effect of this birth on the
relationship of the parent to the firstborn; family
problem solving related to the high-risk child and
contemporary socialization. Part 5 covers the
areas of Divorce and Child Custody. Major areas
of concern that the authors deal with are: the

continuing coparental relationship between divorced spouses; grandparents perceptions of

the family as altered by the divorcing process;
interparental conflict and discord and its effects
on children; as well as female-headed
families-clinical implications for children and
the effects of divorce on fathers. Also included in
this section is an excellent article by John
Haynes, A Conceptual Model of the Process of
Family Mediation: Implicationsfor Training. This
overview and conceptualization is of particular
note to those of us who are involved in the training of mediators within our own court systems.
Finally the authors conclude with Part 7 on
Marital Therapy and Enrichment and an excellent presentation of more advanced applications
of family therapy in the contemporary clinical
arena.
It is difficult to assess the quality of an anthology, because, by its very nature, it is a compilation of articles by various authors rather than
the consistent effort of one author developing a
chosen theme. However, the editors of this volume are to be congratulated for providing us with
an excellent update from well-known authors
from the fields of Psychology, Family Therapy,
Social Work, Anthropology and Social Policy.

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BRIEF THERAPY WITH SINGLE-PARENT FAMILIES

Anita Morawetz, MSW & Gillian Walker, MSW, New York: Brunner/Mazel, Publishers, 1984

Prior to this work, the current literature on

this clinical topic was sparse. The authors provide a theoretical and practical framework for
short-term, strategic treatment of the singleparent family, which, according to national
statistics, is a rapidly growing phenomenon in
contemporary society.
Morawetz and Walker dispel the myth of the
single-parent family and detail a step by step
treatment process that is bolstered by case
studies that illustrate and exemplify the
therapeutic strategies proposed.
The authors deal with the issues of desertion, marriage, divorce and the finality of death.
Correlatively, they discuss the problems and
pressures encountered by clients who suddenly

have the status of single-parent thrust on

them, as well as those who have reached this
status over time via separation and divorce. The
ever-present issue of the childs loyalty ties to
the absent parent, the family of origin, and, in
some cases, a commonly shared cultural heritage are also addressed.
The interface of the single-parent family
with society at-large; prejudice; assumptions
that educators may make about children from
single-parent householdsare also dealt with in a
frank and concise manner which reflects practical experience in clinical practice.
This work is well-written, practical and
summarizes the issue succinctly while avoiding
a dry, theoretical discussion in the abstract.

DIVORCE WITHOUT VICTIMS

Stuart Berger, MD, Boston: Houghton Mifflin Co., 1983

Dr. Berger, a psychiatrist, has penned a

guide for parents that, based on his experience
as a clinician, provides parents with both the
insights and the tools they need to help their
children deal with the difficult emotional problems caused by the trauma of divorce.
Writing in an easy, readable style, Dr.
Berger explains the ways in which parents unconsciously victimize their children as a result of
being caught in the strife of the spousal role. He
deals with practical problems such as the parent
who leans on the opposite sex child verbally
characterized as the man or woman in the
family as a result of the absence of the spouse.
Although this is an easy trap for a parent to fall
into, the author clearly and compassionately
explains the inherent dangers to the child in such
a surrogate role. In equally empathic style, he
discusses the ways that children can mask and
hide their true emotions from their parents and

the basic dynamics as to why children feel the

necessity to do this.
Aware that the divorcing process often has
the attendant emotions of separation and loss,
Dr. Berger also deals with the clinical issues of
grief and depression. He clearly and concisely
delineates the differences between these
often-confused emotions. The authors work
concludes with a discussion of the post-divorce
phase which focuses attention on remarriage
and the complexity of blendedfamily system and
stepparenting.
This work is a valuable resource for the
mediator as well as a good recommended text
for clients who, because of the uncomplicated
and fluid style of the book, can read it at their
leisure and easily absorb its contents in the
non-threatening, calm atmosphere of their own
home.

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MEDIATING CHILD CUSTODY DISPUTES

Donald T Saposnek, PhD, San Francisco: Jossey-Bass Publishers, 1983

The trauma of the divorce experience is in

part due to the need to make life-shaping decisions when one is least prepared to do so.
Among the barriers to making rational decisions
concerning the needs of parents and children
alike are the grieving process, the painful process of disconnection, loss of roles and self exteem, economic pressures, guilt, confusion,
anxiety-and anger. Traditionally, divorcing
families have had only one way of resolving conflicts and reaching decisions- the adversary
process, a process that clearly is not in the familys best interest. One of the weaknesses of the
adversary approach in family law is that its focus
is on a client when, infact, the primary concern
should be about the family as a whole. Bound by
the laws Canons of Ethics, divorce attorneys
are advocates for their respectiveclients and not
for the entire family. To further aggrevate an already aggrevated situation, society itself gives
divorcing parents a self-defeating message, institutionalized by the law, that divorcing parents
should be enemies, hate each other and not
cooperate or trust one another.
Offering divorcing families a constructive
alternative to reaching agreement, divorce
mediation made its appearance about 1973, in
court settings, as well as the private sector. Divorce mediation goals, theory and practice are
the antithesis of the adversary approach emphasizing self-determination, cooperation, trust,
respect and sensitivity to the interrelated needs
of all family members. Additionally, divorce
mediation gives an entirely different message
and permission to divorcing parents; it is O K . to
cooperate, you do not have to hate each other, in
time you will learn to respect each other, conflicts can be resolved without destructive confrontations, you are parents forever and your
family is forever.
Since 1973, there has been published an
increasing number of articles and books on divorce mediation. In his book, Mediating Child
Custody Disputes, Donald T. Saposnek has
made an important contribution to the developing field of divorce mediation. This book is out-

standing, not only for its well thought out contents but for its jargon-free presentation. Using a
family systems approach, Dr. Saposnek has
made an important contribution to the conceptualization of divorce mediation dealing with
custodylvisitation disputes. His work will be of
interest to judges, attorneys, court counselors,
divorce mediators at all levels of experience and
all members of the helping professionals who
are in contact with divorcing and divorced
families.
Saposnek is a clinical child psychologist, a
co-founder of the Family Mediation Service in
Santa Cruz, California. His book is based on his
extensive experience, since 1978, in mediating
custody disputes. Not only is his book familycentered but it is also interprofessionally
oriented. He focuses not only on the familys
needs but also on the divorce medators needs
and challenges in providing a fair and effective
service. He is very sensitive to the mediators
moral dilemmas, stating Mediation work involves the mediator in numerous moral dilemmas that present even higher challenges than
the process of the work itselfI
One of the strengths of this book is that the
author raises numerous questions that demand
answers before divorce mediation can define
itself as a distinct profession.
In addition to all of its commendable attributes, this book is practical and can be of help to
all divorce mediators. Saposnek explains how to
manage each step in the mediation process. He
demonstrates ways of cooperating with attorneys, negotiating custody terms, reducing tensions and handling the final mediation agreement. He presents case studies, excerpts from
dialogues, sample forms and agreements, the
texts of laws relating to mediation and other
useful resources for mediation. Extremely enlightening is his discussion of nine strategies
that children use in their attempts to cope with
their parents divorce; the thirty-one specific
strategies that spouses use before, during and
sometimes even after mediation. He discusses
the three phases of mediation, the elements that

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contribute to the success or failure of mediation,

the special issues that arise in mediation. He
identifies tactics that the mediator can use to
overcome negative strategies and the seem-

ingly insurmountable problems that arise.

On a scale of one to ten, this book is a nine.

Reviewed by Meyer Elkin

THE CHILDRENS DIVORCE CENTER READING GUIDE

Marcia L. Lebowitz

CDC Press, Woodridge, Connecticut, 1984

readers. The books range from humorous to

scholarly with many different kinds for different
reading levels and interests.
The Childrens Divorce Center Reading
Guide is an easy to use comprehensive resource for parents and professionals concerned
about divorce.
For information about purchasing The
Reading Guide, contact Marcia L. Lebowitz,
Executive Director, Childrens Divorce Center,
264 Amity Road, Woodbridge, Conn. 06525.

The Childrens Divorce Center Reading

Guide lists and describes over 200 divorcerelated books for children, parents, and professionals, and provides information about the use
of these books.
The Reading Guide includes books on divorce and remarriage, single parenting and
stepparenting, legal and financial matters, custody and mediation. There are general information books for all age children, story books for
young children, and fiction books for older

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