Rothman, John D., A Lawyer’s Practical Guide To Mediation, John D. Rothman, Oklahoma Mediation/Arbitration Service, 2021 S. Lewis Ave., Suite 301, Tulsa, Oklahoma 74104 [l52pp $39.95 (discount for quantity purchase) 1995].
The following is a book review printed in the March, 1995 issue of The Alternative Newsletter, the Newsletter of the Section on Alternative Dispute Resolution of the Association of American Law Schools:
John D. Rothman is owner and Legal Director of Oklahoma Mediation/Arbitration Service, a for-profit dispute resolution provider with offices in Oklahoma, Arkansas, and Kansas. In this book he seeks to offer assistance to the attorney who is representing his or her client in mediation. He begins the work with a disavowal that it will serve as a mediation training manual for those who wish to learn to mediate or an academic work for those seeking to develop an understanding of mediation or dispute resolution theory or for those concerned with the public policy implications of mediation. He also excludes from his coverage divorce mediation.
Given these assumptions and the intended audience of practicing dispute resolving, as opposed to transactional lawyers, Mr. Rothman provides an excellent introduction to the mediation process. His presentation is balanced, taking note of both court-annexed and private provider mediation and accurately pointing out the advantages and disadvantages that may, but do not necessarily attach to each. Reference is made, where appropriate, to specific statutes and rules governing mediation in a variety of jurisdictions, but full attention is paid to the effect of a lack of such provisions on the process as well.
The writing and discussion is direct and clear. Mr. Rothman has a viewpoint on most issues, e.g. his preference for including attorneys in the mediation process, but his views are well thought out, clearly presented, and, most importantly, he offers a fair and reasoned analysis of alternative views and approaches as well. His advice is practical, whether it relates to selection of a mediator, process design issues, or the respective roles of parties, attorneys and mediators. He addresses those ethical issues in mediation which impact on the representing attorney without worrying the reader with information that is really relevant only to the neutral.
The description of the mediation process that he offers is a straightforward, but accurate, one. He divides the mediation process, after the pre-mediation planning stage, into three segments: the information phase, the negotiation phase, and concluding mediation proceedings. While this topology is probably too simplistic for the practicing mediator, it defines precisely the information needed by counsel and allows the author to clarify approaches that counsel might otherwise misunderstand.
Overall, this is a book that can be highly recommended for any attorney involved in providing representation in mediation except for one who is already very experienced in the area. Its brevity, clarity, and accuracy make it a valuable contribution.
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The Alternative Newsletter
The Newsletter of the Section on Alternative Dispute Resolution of The Association of American Law Schools
Editor: James B. Boskey March 1995
Seton Hall Law School
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