Treatise
Lane & Calkins Mediation Practice Guide








 
Former Chief Justice Warren Burger observed that the American judicial system “is too costly, too lengthy, too destructive, too inefficient for a civilized people.” With this premise in mind the authors have developed a mediation process which is designed to eliminate the adversarial setting found in the courtroom. It emphasizes support rather than confrontation, understanding rather than distrust, and peace rather than victory.

What distinguishes this work from other books on mediation is, first, it sets out in detail the caucus format of mediation so that the reader will have a clear understanding of the process involved. Second, it rejects the “devil’s advocate” approach to problem solving which can be highly confrontational, and adopts the “peacemaker” approach, which eliminates the adversarial character of the courtroom. Third, it discusses the qualities of the peacemaker and the techniques available to him to bring the parties to resolution. Fourth, it emphasizes the need to establish peace and healing as much as resolution.

The treatise is a radical departure from most works on mediation, which emphasize conference mediation rather than caucus mediation. Separate chapters, in addition to outlining the process, discuss the roles of the mediator, attorney and the insurance adjuster. One chapter is devoted to closing techniques, another to handling the difficult situations, and another on creative settlements.

This work is the basic textbook for the mediation training classes.


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