Recommended Summer Reading
For those looking to get their fix of "dispute resolution" reading, I recommend two books, each offering something different:
Enchantment: The Art of Changing Hearts, Minds, and Actions, is the most recent offering by Guy Kawasaki, the former chief evangelist of Apple. Lately, he's kept himself busy writing (including Enchantment, he has ten books to his credit) and establishing vehicles that support the creative use of technology (according to his "Official" Bio taken from his website, he is the co-founder of Alltop.com, an “online magazine rack” of popular topics on the web, and a founding partner at Garage Technology Ventures).
I should be clear, Enchantment is not a book about dispute resolution. In fact, it's probably best classified as a business book, aimed at the busy business owner interested in making a meaningful and lasting connection with the customer. But, while the book isn't about negotiation strategy or conflict resolution techniques, the discussion points contained within it provide a wealth of insight into the psychology of persuasion, influence, and marketing in the business world - all invaluable tools at the negotiating table.
Enchantment is a refreshing, quick read. You can almost read the table of contents alone and come away with meaningful insights because that section of the book is set out like a bulleted checklist. However, when you delve further into each section you find little nuggets - anecdotes, references to other books and blogs, studies and expert opinions - that keep you thinking.
I especially liked the chapter on “How to Overcome Resistance”. We are all challenged to find effective ways of selling what we do and distinguishing ourselves from the pack, and Guy Kawasaki offers some excellent suggestions including demonstrating to your customer how what you do works and drawing on concrete personal examples to personalize what you do.
It's a great book and everyone who deals with people in one way or another (who doesn't?) should read it.
One final note: these days many authors create a slick website to promote their books. Guy Kawasaki did something quite a bit different with Enchantment. He created a Facebook Fan Page as the Enchantment website. When you visit, you’ll see an entire interactive community posting enchanting pictures, offering insights and sharing examples of enchanting experiences. It’s an inspiring illustration of everything Guy Kawasaki preaches. Very cool, clever and accessible!
Mediating Justice: Legal Dispute Negotiations, 2nd Edition is the antithesis to Enchantment. Authored by The Honourable George W. Adams, Q.C., one of Canada's most experienced professional mediators and a former Ontario Superior Court judge, Mediating Justice is a comprehensive and thorough theory-based book squarely focused on the field of ADR and, in particular, the resolution of legal disputes. It leads the reader through the emergence of ADR in Canada, the process of negotiation (including identifying barriers to negotiations and developing tools to overcoming them), the process of mediation, the role of mediators, alternatives to mediation and dispute resolution design.
Having not read the 1st edition, I am not in a position to say how this 2nd edition builds on the first version. However, in the Preface to the 2nd edition George Adams states that the new version "keeps the book connected with the most recent interdisciplinary literature on dispute resolution", updates the reader on the "role of emotions in conflict resolution as well as the topics of ethics, culture and online technology", provides "more visuals, practical tips and more practice routines to help integrate theory and practice" , and highlights recent developments in "mediator confidentiality" and the evolution and positioning of new models of mediation."
Running as a thread through the book, the central theme is the power of authentic "talk" and "listening" in the resolution of our most difficult disputes.
Mediating Justice is not a light read. It is not a book filled with anecdotes and experiential advice. However, it is a wonderful academic and practical resource written by someone with a deep passion, caring and thoughtfulness for the field of conflict resolution. It will appeal to people who seek a foundational framework in ADR in Canada, whether your interest is negotiation, mediation or other forms of ADR.
I recently picked it up as a resource while I was developing and teaching an advanced negotiation skills and practice course for the University of Toronto. I found the chapter on negotiation to be rich on theory and the chapter on barriers to negotiating agreements to offer excellent insight into emotional and cognitive barriers to agreement. There are three chapters dedicated to mediation - one on the mediation process, another on the activities of mediators and a third on the institutionalization of mediation (e.g. standards, accountability, confidentiality and privilege, settlement approval). These three chapters are a must read for lawyers who appear as counsel at mediations.
If I can offer one criticism, I find there are not enough real-life examples in the book. This is a shame because with George Adams' background and experience, I am certain there is so much more he could share that would help bring to life and drive home the principles discussed in the book and, in turn, enhance the learning offered through it.
