The IPMO had the great pleasure of interviewing renowned mediation trainer & author Tony Whatling for International Mediation Awareness Week. A link to the interview on YouTube is available here. 

IPMO members have also reviewed 2 of Tony's books for practicing mediators. 

• Mediation and Dispute Resolution, Contemporary Issues and Developments, AND
• Mediation Skills & Strategies - A Practical Guide. 

Mediation and Dispute Resolution, Contemporary Issues and Developments, Tony Whatling (2021), Jessica Kingsley Publishers London, ISBN 978 178775115 6

This is not the first book on mediation written and published by Tony Whatling. Following a career in social work, Whatling engaged in an extremely successful career in mediation and mediation training, an area in which he continues to excel. In 2012 he published "Mediation Skills & Strategies – A practical guide". Writing as a lawyer, I can acknowledge that as a nonlawyer, Whatling is able to give an excellent and objective overview of mediation and the role of various professionals entering into the world of mediation practice, (lawyers in particular) and more particularly the adjustment challenges faced by them. 

Whatling references John Haynes, a renowned US ADR practitioner who, in Whatling's words "cautioned that, when the going gets tough for us as novice mediators, what we tend to do is slip into the more familiar activities of our previous professional role". Lawyers for example, Whatling says "may start giving some legal information, or, worse still, some legal advice".  Whatling repeatedly warns against mediators defaulting to their primary profession and training in the course of providing mediation services and as a lawyer who learned the hard way, that when entering into the world of mediation that lawyers need to learn how to lobotomise their lawyer brain, and only utilise their mediator brain, I wholeheartedly agree.

The theoretical issues explored by Whatling in his 2012 publication are expanded on in this work in a very practical way. While his first book focused on the more theoretical issues such as the development of mediation theory, skills and strategies, this latest work focuses on more practical issues such as the process of becoming a mediator, mediator supervision, bias, self-awareness (gender and cultural awareness and sensitivity), how people think (as I tend to express it "What makes people tick and what makes people thick?"). Whatling identifies biases that any good mediator should be conscious of and the need for intellectual humility. In an era in Ireland when we are becoming more multicultural, this book is valuable for what has to say on the subject alone.

He goes on to examine and explain the role of emotion, the potential for the use of apologies in reconciliation, explores process options for practitioners, mediation of high conflict disputes, and the extent to which mediators incorporate mediation into resolving conflicts in their personal lives. Whatling emphasises the skill of "active listening" explaining exactly what this means and why it is so important in order to identify the deeper feelings which motivate people, which are not always easily discernible, and which underlies conflict. The importance of being able to understand and analyse body language, constituting 83% of all communication, is also explored.

Many of the topics explored are illustrated by very practical case examples, drawn from his experiences. For example, in relation to lessons learned in training Whatling states that he "tended to be more impressed with those who also provided evidence of what they regarded as their failures, especially when commenting on what they had learned from such unsatisfactory outcomes. As a trainer, assessor and PPC, a question I would frequently ask the trainee was what were the most important things they learned from the worst cases they had." Unless lawyers are willing to learn from such mistakes, they run the risk of becoming "poorly trained, or untrained mediators".

Whatling simply but brilliantly addresses such problems and the issues which concern mediators in practice. Each chapter then proceeds to deliver a short masterclass. At less than the cost of a meal for two, it presents a cornucopia, with food for thought for months on end.

The book looks deceptively short at only slightly over 200 pages, but each chapter is a treasure trove in itself. Even reading the book for this review took me quite some time, as every chapter is extremely thought-provoking, prompting self-analysis and reflective assessment/analysis of one's practice as a mediator. Right up to date, it even includes a chapter on "The Coronavirus Pandemic and its Potential Effects of the Behaviour of People in Dispute."

My initial reaction while reading this book was that this is a book for mediators who are on the road for some time, which they could use as a toolset to reassess, rebuild, consolidate and improve their mediation practice, but on reflection, it became clear to me that potential converts to the one true church of mediation could do well to study this book, with care and that there is much to be learned from it.

Definitely a good Christmas present/stocking filler for the mediator (or potential mediator) in your life.

 

Bill Holohan SC

Solicitor & Senior Counsel.

Member Law Society of Ireland ADR Committee

Member Civil & Commercial Committee of the Irish Professional Mediators' Organisation.

 

Review of Mediation Skills & Strategies - A Practical Guide, Tony Whatling (2012), Jessica Kingsley Publishers London, ISBN 978- 1849052993

I have been a practicing mediator for about 14 years with hundreds of settlements concluded and many students trained / supervised. My colleagues & I have recommended this book to trainee commercial and family mediators since we first became aware of it in 2013. Indeed, this book and Christopher Moore's The Mediation Process are the books I feel are essential for any practicing mediator to have read. Books about the practice of mediation or legal aspects of mediation in different jurisdictions are also useful, but these 2 books help you understand the theoretical context for mediation and its implementation in a way that few others achieve.

Many mediation books are consumed with theoretical frameworks for understanding conflict, some rehashes of the ideas of Spillman, C Wright Mills, Friedrich Glasl, Christopher Moore and others. The author may have their own twists or insights which can prove helpful for the budding mediator. I have found over the years that trainee mediators find such content intriguing but often lack the language to put these skills into action. They know roughly the types of questions they should be asking, or that they should be reframing an assertion by a disputant, but they are uncertain as to how to do any of that. It is also more challenging to deliver such interjections in the heat of an emotionally-charged mediation. Some prior practice and contemplation is necessary. 

That's where Tony Whatling's great book comes in. It is highly readable, to the point, and provides examples of interventions mediators can make in realistic conflict scenarios. The book is distinguished by clarity of thought & language, which helps trainee mediators think about resolution strategies, formulate questions and responses.

As part of reflective practice, I would often recommend fledgling mediators analyse their own interactions with clients versus Whatling's suggestions to understand what they might have done better. It's a technique that has worked for many trainees in the past and a testament to the value of this modestly sized but value-filled book. 

Whatling's book also gives experienced mediators fresh ideas when they may feel drained or stymied by their efforts to resolve a conflict. The book impresses by its grounding in extensive real-world practice experience, and a commitment to advancing mediation training.  Whatling introduces the oft-overlooked topics of cultural and gender sensitive mediation, and also managing high conflict disputes, their emotional context, and dealing with negative strategies such as dirty tricks & stroke play. So much covered in one accessible book.

This is a book I re-read and refer to regularly, and it has helped my colleagues and I greatly over the years. Thank you Tony!

 

Shane Dempsey

Partner, ARC Mediation

Treasurer of the Irish Professional Mediators’ Organisation CLG