Title Details

ROBERT A. BARUCH BUSH is the Rains Distinguished Professor of Alternative Dispute Resolution Law at the Hofstra University School of Law, Hempstead, New York. He has written extensively on mediation and alternative dispute resolution scholarship from the Center for Public Resources. JOSEPH P. FOLGER is professor of communication and the associate dean for research and graduate study at the School of Communications and Theater, Temple University. He is coauthor (with M. S. Poole and R. K. Stutman) of the award-winning book Working Through Conflict: Strategies for Relationships, Groups and Organizations (2nd ed., 1993).

Introduction: The Future of Mediation: What's at Stake and Why It Matters.

MEDIATION AT THE CROSSROADS.

1. The Mediation Movement: Four Diverging Views.

2. Losing Sight of the Goal of Transformation: The Focus on Satisfaction and Settlement.

3. Solving Problems: The Limits of Current Mediation Practice.

THE TRANSFORMATIVE APPROACH TO MEDIATION.

4. Changing People, Not Just Situations: A Transformative View of Conflict and Mediation.

5. Rethinking the Process: A Case Example of How Mediation Might Work.

6. Capturing Opportunities for Empowerment and Recognition: A Case Analysis of Transformative Mediation in Practice.

PRACTICING THE TRANSFORMATIVE APPROACH.

7. Identifying Patterns for Practice: The Process of Transformative Mediation.

8. Avoiding Pitfalls in Transformative Mediation: The Connection Between Purpose and Practice.

A LARGER CONTEXT FOR MEDIATION.

9. Underlying Values: Why Transformation Matters.

10. Implementing the Transformation Approach: Inroads and Obstacles.

"A revolutionary book!" (B. Stephen Toben, program officer, The Hewlett Foundation)

"No practicing mediator, policy maker, court administrator or ADR program director can continue to perform his or her work without a careful reading of this remarkable book." (Joseph B. Stulberg, professor, Wayne State University, and past vice president, SPIDR)

"Simply excellent, and very much needed! There are virtually no theoretical or philosophical treatments of mediation in the field at this time that are so clearly articulated." (Margaret S. Herrman, professor, University of Georgia, and founder, National Conference on Peacemaking and Conflict Resolution)

"This will be a provocative book within the mediation community and is sure to stimulate considerable debate and discussion. I learned a great deal from it and I now think differently about mediation and about how to describe it to others." (Craig A. McEwen, professor, Bowdoin College, and coauthor, Mediation: Law, Policy, Practice.)