Sharing a mediator's powers
Subtitle: effective advocacy in settlement
By: Dwight Golann
Contributors: American Bar Association. Section of Dispute Resolution
Publisher: American Bar Association, Section of Dispute Resolution; American Bar Association
Published: 2013
Place of publication: Chicago, Illinois
Language: eng
Number of pages: 205
ISBN-13: 9781627222808
Subjects: Mediation; Practice of law
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.
Notes: Includes bibliographical references and index.
Table of contents: title: Two examples; title: A commercial mediator's strategy; title: Shape the field; title: Focus discussion and exchange information; title: Address emotional and other hidden issues; title: Influence the bargaining; title: Implement a cooperative or interest-based approach; title: Use, or respond to, competitive tactics; title: Narrow disagreements over legal issues; title: Break impasse; title: Initiate the process; title: Educate the mediator and the parties; title: Advocate in the process; title: Develop an advocacy plan.