The Art of Impasse-Breaking in Mediation - by David A David a Hoffman (Paperback)

Book Synopsis

David Hoffman's The Art of Impasse-Breaking in Mediation provides hands-on guidance for lawyers and mediators seeking to overcome roadblocks to settlement - a comprehensive manual that describes more than 50 tools that mediators use and why they work. As Harvard Lecturer on Law and past chair of the ABA Section of Dispute Resolution, Hoffman draws on more than thirty years of mediating family, business, employment cases and twenty years of teaching mediation in this invaluable guide.

Beginning with tools for preventing impasse, this manual offers guidance on both the do's and the don'ts of closing deals in mediation, with insights drawn from social psychology, game theory, and the Internal Family Systems model. Lawyers, mediators, and other dispute resolvers will find particular value in the numerous vignettes and case studies drawn from Hoffman's experience as a mediator, as well as checklists, forms, and practice tips. The book concludes with suggestions for bringing mediation cases not just to closure but to transformative resolutions that are fair, efficient, stable, and wise.

Review Quotes

An essential guide for every mediator's shelf, The Art of Impasse-Breaking in Mediation provides well-explained tools for getting through the impasse when it does occur, as well as strategies that may prevent the impasse or make it more manageable. Packed with practical tools, keen insights, and thoughtful reflections on the pitfalls and possibilities inherent in complex negotiations, this book is destined to become the trusted companion for anyone seeking to break through deadlock and foster sustainable agreements. Whether you are a seasoned professional or just beginning your practice, prepare to be inspired, enlightened, and empowered.- Professor Homer C. La Rue, Howard University School of Law; Board Chair, Ray Corollary Initiative, Inc.; Past-President, National Academy of Arbitrators; Past-Chair, ABA Section of Dispute Resolution

Even the most experienced mediators will want to review David Hoffman's creative and comprehensive list of ideas before declaring impasse. New mediators will find sound and practical guidance for each stage of mediation from one of the nation's most admired mediators.- Nancy H. Rogers, Professor of Law and Moritz Chair in Alternative Dispute Resolution Emeritus, The Ohio State University Moritz College of Law; co-author of How Mediation Works and Dispute Resolution: Negotiation, Mediation, Arbitration, and Other Processes

Teachers of mediation are tempted to treat impasse as an occasional, unwelcome visitor to the process. But in truth it is at its core: Most parties seek out mediators precisely because they are caught in an impasse or expect to fall into one. David Hoffman grasps this central truth, and probes more deeply than anyone into why impasses occur and how a mediator can respond to them. For novices, The Art of Impasse-Breaking in Mediation offers crucial defenses against failure as they develop their practice. For experts, it provides a wide variety of options, with techniques that may have been forgotten and others never considered. David Hoffman's advice is especially useful because he gives it so clearly and concisely, grounding it in psychology, behavioral science, and bargaining theory.-Dwight Golann, Research Professor of Law, Suffolk University Law School and UC-San Francisco; author of Mediating Legal Disputes and Sharing a Mediator's Powers

The best mediation book I have ever read or used as a textbook to train professionals, and here's why: Hoffman's expansive and clear thinking is deeply researched yet easy to read. It presents tools for preventing and breaking impasse and also provides guidance on how to strategically select and deploy the right tool at the right moment. Practicing lawyers and mediators should have this book within reach at all times!- Forrest S. Mosten, Principal Trainer, Mosten Mediation Training Academy; Author of The Complete Guide to Mediation and Mediation Career Guide