New Books

Books reviewed in this article:
Avenhaus, Rudolph, Victor A. Kremenyuk, and Gunnar Sjöstedt , editors. Containing the Atom: International Negotiations on Nuclear Security and Safety .
Blackshaw, Ian S . Mediating Sports Disputes: National and International Perspectives .
Blaker, Michael, Paul Giarra, and Ezra Vogel . Case Studies in Japanese Negotiating Behavior .
Gilboa, Eytan , editor. Media and Conflict: Framing Issues, Making Policy, Shaping Opinions .
Irving, Howard H. and Michael Benjamin . Therapeutic Family Mediation: Helping Families Resolve Conflict .
Kriesberg, Louis . Constructive Conflicts: From Escalation to Resolution .
LeBaron, Michelle . Bridging Troubled Waters: Conflict Resolution from the Heart .
Raiffa, Howard, with John Richardson and David Metcalfe . Negotiation Analysis: The Science and Art of Collaborative Decision Making .
Smyser, W.R. How Germans Negotiate .
Voorhees, James . Dialogue Sustained: The Multilevel Peace Process and the Dartmouth Conference .     

Einsteinian practice and Newtonian discourse: An ethical crisis in mediation

Book reviews in this article:
John Haynes and Christine Haynes , Mediating Divorce: Casebook of Strategies for Successful Family Negotiations .
Kenneth Kressel and Dean Pruitt , Mediation Research; The Process and Effectiveness of Third Party Intervention .
Nancy Rogers and Craig McEwen , Mediation: Law, Policy, Practice .     

Book Review

Book reviews in this article:
Louis Kriesberg, Terrell A. Northrup, and Stuart J. Thorson (editors). Intractable Conflicts and Their Transformation .
Janice Gross Stein (editor). Getting to the Table: The Processes of International Prenegotiation .
Frances Maumer-Markhof (editor). Processes of International Negotiations     

Making the best of a difficult situation: Divorce processes and family mediation

Book reviewed in this article:
Kenneth Kressel , The Process of Divorce
John M. Haynes , Divorce Mediation
John Allen Lemmon , Family Mediation Practice     

New books

Books reviewed in this article:
Blackburn, J. Walton and Willa Marie Bruce (editors). Mediating Environmental Conflicts: Theory and Practice .
Friedman, Clara H . Between Management and Labor: Oral Histories of Arbitration .
Kramer, Roderick M. and David M. Messick (editors). Negotiation As A Social Process .
Raab, Jonathan . Using Consensus to Improve Utility Regulation .
Schwab, Susan C . Trade-Offs: Negotiating the Omnibus Trade and Competitiveness Act .
Spector, Bertram I., Gunnar Sjöstedt, and I. William Zartman (editors). Negotiating International Regimes: Lessons Learned from the United Nations Conference on Environment and Development (UNCED).
Summy, Ralph and Michael E. Salla (editors). Why the Cold War Ended: A Range of Interpretations .
Wever, Kirsten S . Negotiating Competitiveness: Employment Relations and Organizational Innovation in Germany and the United States .     

Sport Mediation: Mediating High‐Performance Sports Disputes

Conflicts in high‐performance sports (HPS) are typically tense and emotionally charged experiences for the athletes, coaches, and sports organizations involved. Such disputes raise intriguing challenges for the mediators handling them. These disputes typically involve multiple parties who often have intensely competitive personalities negotiating a volatile mix of high‐stakes win/lose issues. Mediators typically confront numerous process challenges and must operate within the rigid policy parameters of the various governing organizations involved. Mediation can successfully manage and resolve these challenging disputes, often in creative ways that repair and preserve the parties’ relationships. To be successful in this environment, however, mediators must adapt to and confront the unique dynamics of sports disputes described here. In this article, I examine multiple case studies of mediations conducted through the Sport Dispute Resolution Centre of Canada (SDRCC) with the goal of identifying successful mediation strategies for HPS disputes. The centre, which has made mediation mandatory for almost all cases, had an overall settlement rate over a twelve‐year period of 46 percent, with rates as high as 94 percent for mediations voluntarily requested by the parties. Mediation has been used only sparingly elsewhere in the world for resolving HPS disputes to date, although, I argue, it is a successful tool that should be increasingly used both nationally and internationally. In recognition of mediation's potential role, the Court of Arbitration for Sport introduced updated mediation rules in 2016 and is moving to increase the use of mediation in international sports disputes.     

Book review

Book reviews in this article:
The Many Ways of Mediation: The Transformation of Traditions, Ideologies, Paradigms, and Practices Carrie Menkel-Meadow .     

New models of negotiation,dispute resolution,and joint problem solving

The revolutionary changes sweeping the workplace, union-management relationships, and the world economy have contributed to a sharply redefined role for the Federal Mediation and Conciliation Service (FMCS), the primary provider of mediation services to labor and management in the United States. In this article's three main sections, the authors trace the history and provide background information about FMCS; consider the changing role of mediation, driven by societal forces of change from the late 1970s to the present; and speculate on the agency's future and the expected expansion in the use of mediation. John Calhoun Wells has served as Director of the Federal Mediation and Conciliation Service since November, 1993, when he was appointed to that position by President Bill Clinton.Wilma B. Liebman is Deputy Director of the Federal Mediation and Conciliation Service.     

奥巴马执政后的中美贸易摩擦评析

奥巴马执政以来，美国对华频频发起规模较大的贸易救济调查，并首次启用了特保措施，从而引发中关之间的贸易摩擦。当前美国对华贸易保护主义的加强，是美国国内贸易政治多方博弈的结果，其中工会利益集团是保护主义最积极的推动者。因此，要缓解中关之间因贸易摩擦而形成的困局，应该关注美国国内贸易政治的因素，重视工会利益集团的影响。     

Negotiation,politics, and management

Book reviews in this article:
Samuel B. Bacharach and Edward J. Lawler , Power and Politics in Organizations: The Social Psychology of Conflict, Coalitions, and Bargaining .
Max H. Bazerman and Roy J. Lewicki , eds., Negotiating in Organizations .
Jeffrey Pfeffer , Power in Organizations .     

Alternative dispute resolution: An international approach

Book reviews in this article:
Hein Kdtz and Reynald Ottenhof , eds., Les Conciliateurs, La Conciliation .
Jerold Auerbach , Justice Without Law .
Michard L. Abel , ed., The Politics of Informal Justice, Volume 2: Comparative Studies .     

Toward a negotiated order

Book reviews in this article:
Barbara Gray . Collaborating: Finding Common Ground for Multiparty Problems.
Louise Nieuwmeijer . Negotiation: Methodology and Training.
Linda R. Singer . Settling Disputes: Conflict Resolution in Business, Families, and the Legal System.     

The Face-to-Face Mediation Program: A Massachusetts success story

Summary An effort that began as an experimental alternative to small claims court for consumer cases has fostered the application of alternative dispute resolution to many other conflicts in Massachusetts. The Attorney General's Face-to-Face Mediation Program, unique in the country, has proven to be an effective local resource to citizens of the state for resolving consumer disputes. The influence of the program has been felt outside the Attorney General's office as well as within.In the two years since this report was written, the Attorney General's Face-to-Face Mediation Program has shown a steady increase both in referrals and in quality of service. Today, all but one of the seven remaining mediation programs is running at or near capacity. In 1988, 84 percent of the approximately 700 cases that were mediated reached agreement, and 96 percent of those agreements were upheld. Suzanne Goulet Orenstein, who is Senior Associate, Program on Environmental Dispute Resolution with The Conservation Foundation, Washington, D.C., formerly was Chief, Local Consumer Groups and Dispute Resolution Activities with the Office of the Massachusetts Attorney General.Kathleen Grant is Coordinator of the Face-to-Face Mediation Program, Public Protection Bureau, The Massachusetts Attorney General's Office, 131 Tremont St., Boston, Mass. 02111.     

How to prevent nuclear war

Book reviews in this article:
William L. Ury , Beyond the Hotline: How Crisis Control Can Prevent Nuclear War .
Graham T Allison, Albert Carnesale , and Joseph S. Nye Jr. , eds., Hawks, Doves and Owls: An Agenda for Avoiding Nuclear War .
Barry Blechman , ed., Preventing Nuclear War: A Realistic Approach .     

Practitioners' theories of international negotiation

Book reviewed in this article:
William J. Jorden , Panama Canal Odyssey
Jeffrey Davidow , A Peace in Southern Africa: The Lancaster House Conference on Rhodesia, 1979
James K. Sebenius , Negotiating the Law of the Sea     

The Reporter''s Dilemma: News Gathering as Negotiation

Bush and Folger (1994) in The Promise of Mediation articulated distinctions between Individualist and Relational ideology, and linked them to specific theoretical orientations to mediation practice, problem-solving and transformative, respectively. Yet, a question persists as to whether these distinctions produce any material differences in practice. This question is approached here through an examination of a single construct in the mediation literature, empathy. The author proposes that the Individualist and Relational ideological frameworks have material implications for the concept and the practice of fostering empathy between the parties to a mediation: The problem-solving framework fosters a social interaction which can be understood as transactional empathy while the transformative framework fosters an interaction described as relational empathy.     

Understanding mediation's role in preventive diplomacy

The ever-increasing number of international conflicts, their complexity, intractability, and their costs, demands that the world focus more attention on preventive diplomacy. Mediation is a key component of preventive diplomacy. This article analyzes data on international conflict management from 1945 to 1990, and examines the factors that contributed to the success or failure of mediation.     

A matter of balance: the European Union as a mediator in Yemen

The mediation efforts of the European Union (EU) Delegation in Yemen started with the uprising in 2011 which led to the conclusion of the National Dialogue Conference in 2014. This article examines the EU's understanding of mediation vis-à-vis its practice. The case of Yemen lends itself to trace EU mediation capabilities from the implementation of the “Concept on Strengthening Mediation and Dialogue Capacities” to a more systematic approach because the Mediation Support Team (MST) of the European External Action Service took office in 2011. Building on an analytical framework of mediation as a tool of EU foreign policy, this article demonstrates how EU mediation presents itself along a political and a technical dimension. The collaboration of the MST and the EU Delegation personnel in Yemen fostered an increase in mediation awareness. However, it could not develop its full potential as the UN Special Advisor sidelined the EU and other members of the Group of Ten Ambassadors through his proactive approach. Despite those difficulties of standing up to established actors in the field, this study argues that EU mediation is about balancing its political and technical dimension. For now, the political seems to outweigh the craft of mediation in the case of Yemen.     

日本证券系风险投资公司与母公司利益冲突研究

从属型风险投资公司的法人治理结构使日本风险投资呈高比例本体投资、后期化投资取向以及放任型投资治理等特征。日本证券公司建立风险投资公司 ,通过策略性投资争取IPO市场潜在发行企业。利益冲突可在相当程度上解释 ,为何承销商从属型风险投资机构投资的IPO发行折价水平较高     

Seeing Theory in Practice: An Analysis of Empathy in Mediation

cush and Folger (1994) in The Promise of Mediation acticulated distinctions between Individualist and Relational ideology, and linked them to specific theoretical orientations to mediation practice, problem-solving and transformative, respectively. Yet, a question persists as to whether these distinctions produce any material differences in practice. This question is approached here through an examination of a single construct in the mediation literature, empathy. The author proposes that the Individualist and Relational ideological frameworks have material implications for the concept and the practice of fostering empathy between the parties to a mediation: The problem-solving framework fosters a social interaction which can be understood as transactional empathy while the transformative framework fosters an interaction described as relational empathy.