Representing Clients in Mediation A Guide to Optimal Results Based on Insights from Counsel, Mediators, and Program Administrators

Author: Spencer Punnett
Publisher: American Bar Association
ISBN: 9781614387572
Published In: January 2013
Format: Paperback , 600 pages
Jurisdiction: U.S. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Representing Clients in Mediation is designed for lawyers who need to help their clients mediate legal disputes that typically involve a claim for damages. Two uniquely useful features:

It is research based, offering insights and advice culled from interviews with litigators in private practice, inside counsel, mediators, mediation program administrators, and law professors specializing in the field. You will hear their voices throughout these pages, talking about what works and what doesn't. They are joined by the voices of dozens of other mediation players who have written or publicly spoken on the topic, whose advice is also incorporated in the text. You get the benefit of multiple perspectives on the best way to handle various aspects of mediation advocacy.

It provides step-by-step advice covering the entire mediation process in sequence from beginning to end. There are many variations in how mediation of legal disputes is carried out in different jurisdictions, forums, and practice areas. Even so, there are wide areas of agreement among experienced mediation players - including those whose perspectives are reflected in these pages - as to how to get the best results. If you follow the 12 steps outlined in this insightful book, you can feel confident that you have cost-effectively done all you can to ensure the best possible outcome for your client.

Another helpful feature of this book is that every chapter 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.

Comprehensive and detailed - yet plain spoken and extremely readable - Representing Clients in Mediation is what law professor John Lande calls "the best approximation of reality of good civil mediation practice in the United States these days."