Background information focuses on how the adversary approach used in American and Canadian courts handles conflict, pointing out the law's limitations in dealing with interpersonal conflict. The report shows how mediation differs from arbitration and adjudication and indicates in what types of situations mediation is preferable. The mediator's functions are discussed (i.e., instilling motivation, regulating interaction between parties, aiding communication, and monitoring), as are ways of exerting control over the mediation process. Specific guidelines for conducting a mediation emphasize practical skills in identifying issues, negotiating, building an agreement, and reviewing the process. Effective communication techniques are especially important here. Chapter reference notes and appendixes presenting sample agreements, 13 references, and a discussion of legal issues related to pretrial mediation in Canada are included.