Mediation Representation PDF Download

Author: Harold I. Abramson
Publisher: Ntl Inst for Trial Advocacy
ISBN: 9781556818219
Category : Language Arts & Disciplines
Languages : en
Pages : 476

View

Book Description

Author: John W. Cooley
Publisher: National Inst for Trial Advocacy
ISBN: 9781556817809
Category : Mediation
Languages : en
Pages : 442

View

Book Description
"One of the very few books that actually approaches mediation from the viewpoint of the attorney/advocate rather than that of the neutral or the party."--James B. addresses the ethical considerations of mediation, & the difference between good tactics & unethical conduct. The appendix contains checklists covering issues such as mediator selection & postmediation advocacy. It also contains sample mediation agreements, forms, & organizations offering alternative dispute With mediation becoming a predominant way to resolve lawsuits, learn how to get the best results for your client in this setting. Cooley, an experienced judge, trial attorney, mediator, & arbitrator, leads you step-by-step through the stages of mediation. You will learn: How mediation works What cases are suited for mediation How to select a mediator How to prepare for mediation Tactics to use during the mediation hearing What you can do if an agreement is not reached The CPR Institute for Dispute Resolution named Mediation Advocacy a finalist in the outstanding book category of its 1996 Awards for Excellence in ADR.

Author: Dwight Golann
Publisher: American Bar Association
ISBN: 9781627222808
Category : Law
Languages : en
Pages : 0

View

Book Description
"This book will help you bargain more effectively in mediation. Dwight Golann's award-winning book, Mediating Legal Disputes, explained how commercial mediators settle cases. In Sharing a Mediator's Powers, he explains how advocates can harness these techniques to maximize their effectiveness in bargaining. Using examples from actual mediations, Golann offers specific suggestions about how to use mediators, and the process, to best effect. You will learn how to: get key players to the table, obtain access to evidence not provided in discovery, arrange a mediation format that matches your strategy, focus discussion on issues that help your case, probe the other side's state of mind, support cooperative, creative or competitive bargaining strategies, manage how a mediator evaluates a legal case, influence when and how impasse-breaking tactics are applied. The theme of this book? Don't approach the mediation process passively. Instead, use it in an active way to achieve your bargaining goals. Included with this book is a DVD that brings advocacy concepts alive. 24 excerpts show how to apply key techniques in the context of a commercial case"--Unedited summary from book.

Author: Allan Edward Barsky
Publisher: Oxford University Press
ISBN: 0199361185
Category : Law
Languages : en
Pages : 625

View

Book Description
Module I: foundations of conflict resolution, peace, and restorative justice -- The mindful practitioner -- The theoretical bases of conflict resolution -- Restorative justice -- Module II: negotiation -- Power-based negotiation -- Rights-based negotiation -- Interest-based negotiation -- Module III: mediation -- Transformative mediation -- Family mediation and a therapeutic approach -- Module IV: additional methods of conflict resolution -- Group facilitation -- Advocacy.

Author: Stephen Walker
Publisher: Bloomsbury Publishing
ISBN: 1526507951
Category : Law
Languages : en
Pages : 465

View

Book Description
Are you getting the best out of mediation? Written by an active practising mediator, Mediation Advocacy: Representing and Advising Clients in Mediation takes you inside the mediation process, from the initial consideration of mediation to settlement and beyond. Drawing on current practical experience and the latest behaviour research in clear readable language it deals with the legal, financial, psychological and practical dimensions of mediation. A 'how to do it' guide for anyone attending mediations as representatives, clients, experts or mediators, the fully revised, restructured and updated Second Edition includes: - New chapters on: -- Cross cultural issues – what to say and do and what not to say and do. With examples that you can use -- Online Mediation – explains the differences when mediating by phone or via a video link. Tips and tricks to help you get started -- Developing your practice as a mediation advocate: people are making money as specialists. Learn how to do it - Increased emphasis on how to conduct a negotiation in mediations - Expanded chapters on mind traps and the effect of cognitive biases on decision-making - New material on how to speak and present at mediations. Includes exercises to put you in the right mental and physical state on the day - Improved visuals and flow charts - Worked examples of risk analysis - Updated scripts for advocates and clients to use in joint sessions - Dedicated sections on self-advocacy – for those who are going to mediation without their lawyer

Author: Andrew Goodman (LL. B.)
Publisher: Xpl Pub.
ISBN: 9781858113654
Category : Dispute resolution (Law)
Languages : en
Pages : 0

View

Book Description
"Mediation is not a soft option for the advocate. If you are unprepared, if you do not know what to expect, if you do not know what you are doing, your client will be at a considerable disadvantage and you will come unstuck. This book is aimed at lawyers and other professional advocates who represent clients in mediation. It is written not only for ""first-timers"" needing to learn about the basics of mediation very quickly, particularly as to what they should expect and how they should prepare. More seasoned advocates wishing to specialise in mediation advocacy and who want to develop the particular skills that it requires will also find it invaluable. ""The advocacy skills necessary in a mediation are quite different from those required for the (usually civilised) battle that takes place in a courtroom. That is why Mediation Advocacy is such a valuable book. It gives a great deal of very useful advice as to how to prepare for and conduct a mediation from beginning to end. It is an

Author: Stephen Walker
Publisher: Bloomsbury Publishing
ISBN: 1526507943
Category : Law
Languages : en
Pages : 509

View

Book Description
Are you getting the best out of mediation? Written by an active practising mediator, Mediation Advocacy: Representing and Advising Clients in Mediation takes you inside the mediation process, from the initial consideration of mediation to settlement and beyond. Drawing on current practical experience and the latest behaviour research in clear readable language it deals with the legal, financial, psychological and practical dimensions of mediation. A 'how to do it' guide for anyone attending mediations as representatives, clients, experts or mediators, the fully revised, restructured and updated Second Edition includes: - New chapters on: -- Cross cultural issues – what to say and do and what not to say and do. With examples that you can use -- Online Mediation – explains the differences when mediating by phone or via a video link. Tips and tricks to help you get started -- Developing your practice as a mediation advocate: people are making money as specialists. Learn how to do it - Increased emphasis on how to conduct a negotiation in mediations - Expanded chapters on mind traps and the effect of cognitive biases on decision-making - New material on how to speak and present at mediations. Includes exercises to put you in the right mental and physical state on the day - Improved visuals and flow charts - Worked examples of risk analysis - Updated scripts for advocates and clients to use in joint sessions - Dedicated sections on self-advocacy – for those who are going to mediation without their lawyer

Author: Spencer Punnett
Publisher: American Bar Association
ISBN: 9781614387572
Category : Law
Languages : en
Pages : 0

View

Book Description
This comprehensive, 600-page book helps both experienced counsel and rookies advance their clients cause more effectively at every stage of the mediation process. A few more examples: . Creating a plan for movement in offers and counteroffers. Spotting the chance to arbitrage a deal point . Using zingers to create positional vulnerabilities for your opponent . Mediation prep and its potential for cementing client relationships . How miscommunication through numbers can cause lost opportunities . Perils of the fatigue factor . Breaking impasse the pros and pitfalls of mediators techniques Every chapter also includes a variety of "sidebars" standalone pieces ranging from instructive anecdotes to direct me-to-you advice on specific mediation topics. Some examples: Johnathan C. Bolton s Bad First Time . . . Why Jay Cohen Reads Tom s Mediation Brief First . . . What Maralee Eriksen Learned From Watching 40 Mediated Settlement Conferences . . . How Parties Can (Mis)communicate Through Numbers . . . and many more."

Author: Mark D. Bennett
Publisher: Aspen Publishing
ISBN: 1632814102
Category : Law
Languages : en
Pages : 316

View

Book Description
This workbook is designed for basic mediation training. Authors Scott Hughes, Mark Bennett, and Michele Hermann take NITA's performance-based training for trial lawyers and adapt it to training for mediators. The authors have used these materials extensively in their mediation training classes at law schools and in programs open to the public. The Art of Mediation, Second Edition, sets the mediation process in context, provides basic definitions, contrasts mediation with other forms of dispute resolution, describes varieties of mediation, and lays out roles and functions of the mediators. The book contains forms that illustrate sample agreements to mediate and final mediation agreements, plus a section containing hypothetical situations for performance training. Reviews "I have used the first edition of The Art of Mediation in my classes for almost a decade and I definitely intend to use the Second Edition in the future. Students like the book because it is so practical and easy to read. I like it because it presents a variety of perspectives so that students learn that there is no one right or easy way to mediate." — John Lande, Associate Professor and Director, LL.M. Program in Dispute Resolution, University of Missouri-Columbia School of Law Columbia

Author: Andrew Goodman
Publisher: Mediation Publishing
ISBN: 9781858116082
Category : Business & Economics
Languages : en
Pages : 0

View

Book Description
Updated with Churchill, the Singapore Convention 2019, the impact of Brexit and the pandemic and other important developments in mind, this fourth edition of Andrew Goodman's original work on mediation advocacy remains essential reading. Practitioners already representing parties at mediation will want their updated bible. For those seeking to add value to their existing practice, the book will be invaluable. With forewords by the Rt Hon Lord Dyson and Irena Vanenkova, former executive director of the International Mediation Institute, and with appendices covering standard form mediation agreements, the SCMA Mediation Advocacy Standards and Competencies and the IMI's own practical tools for mediator selection and case management, this work is both an authoritative guide and a practical skills manual for newcomers to this area and experienced advocates alike. As the sector has developed, so this ground-breaking work has been expanded to cover recent authorities and new ideas and to take in the assistance practitioners can obtain from such organisations as SCMA and IMI who have endorsed the work.