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Advising and Representing Clients at Mediation 2nd Edition

Advising and Representing Clients at Mediation 2nd Edition

Author: Stephen Walker; David Smith
Publisher: Wildy, Simmonds and Hill Publishing
ISBN: 9780854902774

Previous Edition ISBN: 9780854901210
Published In: November 2019
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

HKD 637.00

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Contents

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Advising and Representing Clients at Mediation is an invaluable guide for lawyers, surveyors and other professionals. It will assist at every stage of the mediation process from persuading the other party to mediate and preparing for and taking part in the mediation itself to advising clients on what to expect and how to conduct themselves at a mediation.

The book also offers extensive checklists and precedents, practical advice from experienced mediators, and a clear explanation of the law as it currently stands.

The book is fully updated with all the changes in the mediation sector including new relevant case law, the new approaches created by the Jackson reforms and the Jackson ADR Handbook, and the latest thinking on ADR processes and procedures.

“Every now and then a book is published for legal representatives that goes beyond a mere analysis of the law and technical guidance, and makes the reader stop and think. This is one such publication. I wish I had read this book before I first represented clients as a solicitor at mediations. Now, as a commercial mediator, plenty in the book resonates with my own experiences. It is packed with real-life tips and examples. It will help a representative get the very best out of the mediation process for their client.”

The Law Society Gazette review of the previous edition

OVERVIEW

1.1 Introduction

1.2 Who are the representatives?

1.3 What is the representative’s role?

WHEN AND HOW TO USE MEDIATION

2.1 Introduction

2.2 Alternative dispute resolution

2.3 How is mediation different?

2.4 Does mediation really work?

2.5 What the client can expect from mediation

2.6 What are the advantages for the clients?

2.7 Uses of mediation

2.8 Other ways of using mediation

2.9 Timing of the mediation

2.10 Conclusion

PERSUASION AND COMPULSION

3.1 Introduction

3.2 Mediation theory

3.3 Mediation practice

3.4 Halsey and refusal of mediation

3.5 Responding to a Halsey letter to say no

3.6 Contractual obligations to mediate

3.7 Can I leave a mediation?

3.8 Conclusion

CONFIDENTIALITY AND LIABILITY

4.1 Introduction

4.2 Without prejudice rule

4.3 Getting past the without prejudice rule

4.4 Is there mediation privilege?

4.5 Mediation confidentiality agreements

4.6 Settlement agreements

4.7 Protection of the mediator

4.8 Proceeds of Crime Act 2002

4.9 EU mediation and the Directive

4.10 Liability of the mediator

4.11 Professional adviser liability

4.12 Conclusion

MEDIATOR SELECTION

5.1 Introduction

5.2 Where to look for a mediator

5.3 Essential questions to ask about a mediator

5.4 Mediator qualifications

5.5 Complaints and conduct

5.6 Mediation style and method

5.7 Mediator fees

5.8 Who do I choose?

5.9 Arguing about the mediator

5.10 Mediation agreement

5.11 Venue selection

5.12 Conclusion

PHYSICAL PREPARATION – POSITION PAPERS AND BUNDLES

6.1 Introduction

6.2 Is a position paper essential?

6.3 Do you need a mediation bundle?

6.4 Less is more

6.5 Conclusion

MENTAL PREPARATION I – PRE-MEDIATION ANALYSIS AND MEDIATION STRATEGY

7.1 Introduction

7.2 Rebalancing

7.3 Purpose and preparation

7.4 Do lawyers really want to settle?

7.5 What mediation expects from the client

7.6 Four topics that must be considered

7.7 Mediation strategy – know your settlement

7.8 BATNAs and WATNAs

7.9 Pre-mediation analysis

7.10 Know your client

7.11 Know yourself – cognitive biases, heuristics and flaws

7.12 Conclusion

MENTAL PREPARATION II – NEGOTIATION TACTICS

8.1 Introduction

8.2 Negotiation – practice v theory

8.3 Three things that always crop up – money, deal breakers and the unexpected

8.4 Negotiation tactics

8.5 Offers and the party’s role

8.6 Finding the deal zone

8.7 Conclusion

MEDIATION DAY

9.1 Introduction

9.2 Mediation stages and timetable

10.

MEDIATION REPRESENTATION

10.1 Introduction

10.2 Can clients represent themselves?

10.3 Who should represent the client?

10.4 Does a representative need to be legally qualified?

10.5 Key requirements of a representative

10.6 Three roles of a representative

10.7 Making peace is a co-operative process

10.8 Three-stage process

10.9 Conclusion

11.

AT THE END

11.1 Introduction

11.2 Settlement agreements

11.3 Drafting the agreement

11.4 What happens if the parties cannot agree?

11.5 Costs

11.6 After settlement

11.7 Conclusion

12.

CONCLUSION – NEW TRENDS OLD PROBLEMS

12.2 Emerging trends

12.3 New approaches

12.4 Old problems

12.5 Key takeaways from this book

APPENDICES

Mediation – Frequently Asked Questions

Mediation Preparation Guidance Notes

Preparing the Position Statement

Confidential Checklist

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