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Mediation On-Line

A Newsletter from ADR Resources
Volume 4, No. 5.
From: (Ethesis)


Stephen R. Marsh Picture


I am reading two books that I will be reviewing next month.  The first, _Game, Set, Match:  Winning the Negotiation Game_, by Henry S. Kramer does recognize that if you take excessive advantage it can cause problems, but the heart of the book is where he says "you may find it difficult to look someone in the eye ..." where he explains the necessity of telling lies.  The other book, which I've been carrying with me everywhere I go, is _Conflict Resolution_ by Daniel Dana.  I expect to recommend it next month, when I have a fuller review.

Note that beginning March 2001 mediation will be manditory in Peru.

The Recommended Book of the Month:

Equity by H. Peyton Young An analysis of public policy concerns, including the allocation of scarce resources, how and why social ills are distributed, with many, many practical examples and discussions.  While not perfect, it analyzes every major theory of social justice and how they fail to address what really happens.

Interesting new Mediation & ADR web sites

Educational Programs:

The City of New York has a Workplace Conflict Management Training Program Series June 18-21, 2001 at the John Jay College of Criminal Justice, City University of New York, 899 Tenth Avenue (between 58 & 59th Streets), 6th Floor, New York City. This facility is wheelchair accessible. To register or for more information, call 212-237-8692, or e-mail Coordinator Judith Cohen at, visit

Suzette Haden Elgin will be doing a seminar on workplace communication for the School of Nursing at Texas Tech (in Lubbock, Texas) on May 19, 2001.  Recommended.

9th ANNUAL INTERNATIONAL CONFERENCE ON CONFLICT RESOLUTION "Sharing Tools for Personal/Global Harmony" in St. Petersberg, Russia, contact or visit for more information.

2001-A Mediation Odyssey, A 2 day conference presented by The Massachusetts Association of Mediation Programs & Practitioners.  Check for more information.

News and Book Reviews/Books/Periodicals

I'm still thinking about that book on unbundled legal services, though I did assign it as reading to a German Arbiter (Attorney) who is interning with me.

I am trying to get a copy of the issue of The Colorado ADR Forum Committee newsletter that included a copy of my essay, Ethics and the Role of a Mediator.  

Which brings me to a point I've been asked about -- how likely am I to sue anyone over unauthorized use of material. Frankly, I've yet to do it and don't have any immediate plans.  The two things most likely to cause me to sue someone would be wholesale cloning or using the material and then not giving me a copy of the use when I request it (I've a vitae to keep up, after all).  I may be a litigator in my day job, but I have yet to sue anyone on my own account (including the deaths of two of my daughters caused by medical malpractice).  But, like anyone who teaches and publishes, being able to include various and sundry publications is important to me.

Oh, and yes, I am the same Stephen R. Marsh that achieved a +40 million dollar copyright violation final judgment (after appeal and remand) for a client in Texas.  But if you "borrow" my work without remembering to ask, all I really want is a copy and a citation.

Current Issues

For what it is worth, on 1/22/01 National Public Radio talked with Wayne Slater about the Bush people's core strategy for getting what they want done _done_. The strategy works very well, has a multitude of uses, and will repay your careful examination.  The following is Dr. Suzette Haden Elgin's summarization of the process:

Step One

Change the vocabulary. [Don't say "vouchers," say "scholarships."]

Step Two

Compare the item to something already familiar. [Compare vouchers (now called scholarships) to Pell Grants.]

Step Three

Take whatever you can get, in terms of response and reaction, and declare victory.

Step Four

Give credit to both political parties for the victory achieved.

Submissions to

As always, I am interested in any submissions or articles anyone would like to have posted on the web -- and I am glad to be able to point them out in this newsletter.  I prefer to post material as you have written it, with no editorial changes by myself.

With my best regards, I remain,

Sincerely yours,

Stephen Marsh
Additional material is included in the on-line version.
If you are curious where the term/name Ethesis comes
from, visit

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If for some reason you wish to be removed from my periodical mailings please let me know. If I'm sending anyone extra copies or sending it to anyone who shouldn't be getting it, please let me know. This e-mail mailing list is supposed to be limited only people who would be interested and who have subscribed.  Thanks for your patience and help.

Post Script (the "extra" material for the on-line version).

If, in polls and surveys, you ask people, "Should X be forbidden?", about 50% may say "yes, it should be forbidden." But if you ask, "Should X be allowed?", using exactly the same X, you can anticipate that about 75% will say no, it shouldn't be allowed. For a discussion, see _The Forbid/Allow Asymmetry: On the cognitive mechanisms underlying wording effects in surveys_, by Bregje Holleman.

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