Marian Roberts, Developing the Craft of Mediation:

Reflections on Theory and Practice (London: Jessica

Kingsley Publishers, 2007)

Ghislaine M. Lanteigne*

In Developing the Craft of Mediation, Marian Roberts proposes that mediation

is akin to a craft with its focus on learning from experience and from others
working in the field to develop and master knowledge and skills. In the mas-
tering of a craft “[t]here is an explicit assumption that the more one under-
stands how to do something well, the more one cares about it. That requires
commitment, self-discipline and self-criticism in the pursuit of quality”. As a
practicing mediator as well as a university visiting lecturer with a background
in law and social work, Roberts adopts the craftsmanship approach in order
to bring the reader to reflect on what it means to be a mediator through the
often unheard voices of those practicing in the field. For this task, sixteen “ac-
complished mediation practitioner[s]” were interviewed individually and it is
their insights and analysis that make the bulk of the book. What is presented is
the reflective experience of masters within the professional circle of mediators.
Those chosen dig into their history and experience to reveal their motivation
and background, their views on the practice of mediation, and issues arising
from it. Roberts complements this already rich spectrum of ideas with her own
brief analysis and summaries referring also in her presentation to other authors.
A rich tapestry of insights and studies about the craft of mediation informs the
text.
Literature on Alternative Dispute Resolution [ADR] abounds, emanating in
large part from the United States but also, for instance, from the United Kingdom
and Canada. To a large extent, literature about ADR focuses on the process, skills,
and strategies for mediation, as well as on the issues arising from it. Texts are writ-
ten as analyses or critiques of mediation, or as prescriptive pedagogical material for
newcomers or students in the field. Few texts have been written from the perspec-

* Ghislaine M. Lanteigne has a background in Law, Sociology, and Linguistics and is now associated
with Gauthier & Associates, Toronto
 Marian Roberts, Developing the Craft of Mediation: Reflections on Theory and Practice (London:
Jessica Kingsley Publishers, 2007).
 Ibid. at 229.
 Ibid. at 19.
 In terms of a compendium of excerpts of articles on ADR, see e.g. from the United States: Carrie J.
Menkel-Meadow et al, Dispute Resolution: Beyond the Adversarial Model (New York: Aspen, 2004);
Carrie J. Menkel-Meadow, Lela P. Love, & Andrea K. Schneider, Mediation: Practice, Policy, and
Ethics (New York: Aspen, 2006); from the United Kingdom: Simon Roberts & Michael Palmer,
Dispute Processes: ADR and the Primary Forms of Decision-Making, 2nd ed. (Cambridge: Cambridge
University Press, 2005); from Canada: Julie Macfarlane, ed., Dispute Resolution: Readings and Case
Studies, 2nd ed. (Toronto: Emond Montgomery, 2003).
 Ibid.
 In Canada, apart from Macfarlane, supra note 4, for works dealing with pedagogical aspects
of mediation and analyses of issues related to it, see e.g. George W. Adams, Mediating Justice:
Legal Dispute Negotiations (Toronto: CCH Canadian, 2003); Desmond Ellis & Dawn Anderson,
Conflict Resolution: An Introductory Text (Toronto: Emond Montgomery, 2005); Robert M.
Nelson, Nelson on ADR (Scarborough: Thomson Carswell, 2003).
(2008) 26 Windsor Y.B. Access Just. 399

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 400 Windsor Yearbook of Access to Justice 2008

tive of the mediators themselves in a collegial and conversational genre.

Marian Roberts’s book aims at filling this gap. The mediators interviewed
have all made substantial contributions as practitioners, teachers or writers.
They work mostly in the United Kingdom with a few working in other Euro-
pean countries; some from the UK have also gained experience in various coun-
tries including the United States. They represent a mixture of ages and genders
and are from various backgrounds. Their original training has been in law, social
sciences (social work, social psychology, psychology, criminology), and political
sciences. They represent various fields of mediation: family, business, commun-
ity, environment, and international. Their views are of interest to anybody prac-
ticing, studying or having an interest in mediation.
The book is divided into three parts covering eight chapters. The first part,
entitled “The Mediator”, introduces what motivated those interviewed to
work as mediators followed by what they identify as the necessary personal
qualities for the work, and finally their attitude to conflict. In the second part,
“Mediation”, the discussion focuses on the nature, purpose and principles as
well as the theory and practice of mediation. In the third part, “The Task”,
experiences of practice and particular problems are explored. Finally, in the
conclusion, Roberts raises the question of similarities between the processes in-
volved in mediation and craftsmanship, as well as the contribution of media-
tion to society as a whole. A number of themes and sub-themes covered in this
book under “Mediation” and “The Task” can also be found in the literature on
mediation. However, what make this book stand out are living words drawn
from personal involvement by a group of well-seasoned practitioners in the
field.
To start with, Roberts invites the reader to get to know these mediators by
having each one introduce his or her background as well as the personal qual-
ities they find essential to their work. As subsequent themes of the book are
introduced, each mediator, by then a known figure, comes to the fore and, in an
informal conversation with an invisible but knowledgeable interviewer, presents
his or her views on the topic being discussed. Themes and as well as reflec-
tions by the practitioners are interconnected by Roberts with the result that the
reader is brought into the aliveness of the dynamics of mediation. This work
has something unique as compared to the presentation of analytical, critical or
prescriptive texts; it has the spark of verbatim input by mediators reflecting on
the experience of their craft.
In order to introduce the main themes discussed, Roberts offers a core and
introductory definition of what constitutes the mediator’s task:

The mediator is distinguished as a disinterested, non-aligned

third person, facilitating communication exchanges between

 See especially Deborah M. Kolb et al, When Talk Works: Profiles of Mediators (San Francisco:
Jossey-Bass, 1997) where interview-based profiles of twelve well-established North American
mediators were presented in a sequent fashion.
 Supra note 1 at 9 - 15.
 See e.g. supra notes 4 and 6.

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 Vol. 26(2) Book Review: Craft of Mediation 401

the parties that lead towards their own consensual joint deci-
sion-making. The mediator has neither a stake in nor any
authority to impose an outcome on those parties.10

Roberts is nevertheless aware that that there are debates within the profession
“as to what mediation can or should achieve”.11 The practitioners interviewed do
not identify themselves with a particular school of thought about the purpose
of mediation but rather present a “spectrum of possible purposes from the more
idealistic to the more pragmatic depending, predominantly, on the particular
context of practice”.12
As the practitioners present their views on the purpose of mediation, what is
emphasized is how problem solving and learning both for the parties and the
mediators permeate the process. For consensual settlement to happen, medi-
ators need to favour a forum where parties exchange information and negotiate.
Cooperative problem solving is at the heart of this process. From this collab-
orative experience, it is hoped that parties will learn to be better negotiators in
the future. Some mediators identify a higher general purpose whereby people
could, following mediation, learn to manage their conflicts in a more construct-
ive way.13 The learning outcome of mediation is also seen as a unique way to deal
with disputes, unavailable in litigation.14
When asked about how theory informs their practice, the mediators acknow-
ledge drawing mostly from the social sciences.15 However, the importance of
“a continuing process of clarification and self-conscious understanding of prac-
tice”16 is underlined. The possibility of exchanges with peers and feedback from
clients enables a valuable environment for learning.17 Roberts also introduces the
core principles of mediation: respect for the parties, impartiality, voluntariness of
participation, as well as party control and mediator authority.18 The mediators
acknowledge that, in the midst of practice, these principles inform the assort-
ment of interventions they choose.19 There are therefore constant and pressing
decisions to be made by the mediator. The intensive demands on the mediator

10 Supra note 1 at 69.

11 Ibid. at 70.
12 Ibid. Roberts refers to the debate, originating in the United States, which identifies a dichotomy
of purposes for mediation: problem solving [see e.g. Roger Fisher & William Fisher, Getting to
Yes: Negotiating Agreement without Giving In (New York: Penguin, 1981)] and transformative
[see Robert A. Baruch Bush & Joseph P. Folger, The Promise of Mediation: Responding to Conflict
Through Empowerment and Recognition (San Francisco: Jossey-Bass, 1994); The Promise of
Mediation: The Transformative Approach to Conflict, rev. ed. (San Francisco: Jossey-Bass, 2004)].
Roberts is critical of the transformative approach at 134.
13 Supra note 1 at 79.
14 Ibid. at 87- 88, 91.
15 Ibid. at 117.
16 Ibid. at 112.
17 Ibid. at 127.
18 Ibid. at 94 -108.
19 Ibid. at 94. See e.g. Julie Macfarlane, “Mediating Ethically: The Limits of Codes of Conduct and
the Potential of a Reflective Practice Model” (2002) 40 Osgoode Hall L. J. 49 at 59 where the
author indicates that choices of specific interventions by the mediator during mediation reflect a
given ethical framework.

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 402 Windsor Yearbook of Access to Justice 2008

are summarised by Roberts as she writes: “[t]he mediator is expected, therefore,

to maintain a calm, disinterested, rational and creative presence in the midst of
the parties’ stress and distress”.20 Hence, the importance of debriefing, whether
alone or with other colleagues, after the complex and dense unfolding of media-
tion. Exchanges within the guild of peers act both as a source of learning and a
way of dealing with the inherent stress of the profession.
One crucial and ever constant problem of practice that is presented by Rob-
erts and addressed by the practitioners is that of power distribution among the
actors to mediation (parties and mediator). How is the arena to be shared among
them? Power distribution is ever present as each party to the mediation passes
from a self-focused standpoint to a collaborative endeavour with the other party
or parties.21 As for the mediator, his or her maintaining an intermediate position
between the parties is vital to achieving a consensual settlement. Trust among
these actors (parties and mediator) will help the continuous exchange amongst
them. Trust, however, has to be earned.22 In terms of the core principles men-
tioned above, respect by the mediator for the parties and impartiality on his or
her part towards them will help in the establishment of trust. Ways of expressing
respect for the parties include a non-judgemental stance, empathy, even-handed-
ness, and patience.23 As for impartiality, Roberts distinguishes it from neutral-
ity by indicating that “mediators are not necessarily neutral, inevitably having
their own values, views, feelings, prejudices and interests”.24 This is echoed by
mediators interviewed. However, impartial treatment of parties by the mediator
is a necessary principle of mediation as its realisation can ensure a fair process.
The comments by mediators on this topic reveal their considering this as an at-
tribute and skill but also a duty.25 Elements mentioned to enable impartiality to
be achieved are a balanced respect for parties, not siding with one side and the
realisation that there is not one truth but different perceptions of reality.26
The particularity and autonomy of the profession is also addressed.27 In this
respect, the practitioners interviewed recognize that, although they draw from
their other professional background, whether in law, social sciences or political
science, being a mediator requires putting on a new hat. While communication
or negotiation skills may have also been necessary in their previous or other pro-
fession, the particular dynamics of mediation are recognized. The requirement
to be in one professional role at a time is underlined.
This book covers a wide range of themes and sub-themes that arise in the
discussion on the theory and practice of mediation. These are clearly organised

20 Supra note 1 at 183.

21 See e.g. Genevieve A. Chornenki, “Exchanging ‘Power Over’ for ‘Power With’”, in Julie
Macfarlane, ed., Rethinking Disputes (Toronto: Emond Montgomery, 1997) at 164 - 165. Ellis &
Anderson, supra note 6, in c. 4, report on a number of theories and studies on the distribution of
power between parties to mediation.
22 Supra note 1 at 175.
23 Ibid. at 96-97.
24 Ibid. at 98.
25 Ibid. at 97-101.
26 Ibid. at 97-100.
27 Ibid. at 80-86.

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 Vol. 26(2) Book Review: Craft of Mediation 403

and presented in the first and second parts of the book. However in the third
part, entitled “The Task”, the organization of sub-themes is harder to decipher.
It becomes all the more striking in this part, which has a rather long list of sub-
themes, that a clearer organisation and presentation of these in all parts of the
book (use of numbers, for example, to identify sub-themes) would have made
the text somewhat more user friendly.
Roberts’s book is nonetheless comprehensive and an excellent contribution in
demystifying the role of the mediator acting behind the veil of confidentiality
that surrounds mediation. Respectful of this aspect, the chosen mediators enable
the reader to reflect on the dynamics and complex demands of this role. In the
larger context of legal pluralism, this book contributes to defining not only the
role of the mediator as an agent of change in dispute resolution between parties
but also as an agent of change in the expanding sphere of dispute resolution
mechanisms. This book also adds to defining the profession at a point of time
when it is still seeking to anchor its place in modern society.
Roberts, truthful to her background, has chosen a genre that enables the
reader to also become active in the quest for means of solving disputes between
people. What I like about this book is its drawing the reader into the reflective
process already engaged in by the mediators. It is also possible to put this work
down and come back to it feeling that, as a reader, you are re-witnessing well
organised informal talks by masters you are coming to know better and are curi-
ous about. The environment is well set for learning.
Developing the Craft of Mediation is an invitation to meet mediators who,
through experience and reflection have matured in “this ancient and univer-
sal craft”,28 and can articulate what is “effective practice”.29 Marian Roberts has
aptly channelled their presentations by providing the topics and the venue. The
reading is worth the commitment.

28 Ibid. at 228.
29 Ibid. at 208.

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