Mediation Representation - Advocating as a Problem Solver in any Country or Culture

Harold I. Abramson, Touro Law Center

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Abstract

Learn the "Mediation Representation Triangle" to negotiate as a problem-solver, enlist mediator assistance, and develop a mediation representation plan that meets your client's interests, overcomes impediments, and shares information judiciously.

In the Second Edition of his award-winning book, Hal Abramson expands his lucid and nuanced framework for effective problem-solving advocacy in mediation, answering questions like how to select the right mediator, how to prepare your case and client for mediation, and what to do as the mediation unfolds.

Abramson begins by examining: How to be an effective negotiator in mediation, Mediation stages, Opening statements, joint sessions and caucuses, Various mediator approaches and techniques, Advising clients about the mediation option, Negotiating an agreement to mediate, Preparing cases and clients for the mediation session, Appearing in pre-mediation conferences, mediation sessions, and post-sessions, Alternative processes for resolving issues not settled in mediation.

This Second Edition introduces new material on resolving moneyed disputes, dealing with emotions, sharing information, interviewing mediators and their references, choosing between joint sessions and caucuses, generating movement, proactively enlisting the mediator, searching for creative solutions, and navigating legal issues when drafting agreements. It also includes new approaches to assessing and preparing opening statements and refines the critical techniques for bridging any final gap.

The Second Edition further provides a culturally neutral framework that is integrated throughout the book to help you represent clients in mediations between parties from different countries or with different cultural upbringings. It prepares you to identify culturally shaped interests and overcome culturally-shaped impediments.