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Book
Mediation Representation : Advocating as a Problem Solver
Wolters Kluwer Law & Business
  • Harold I. Abramson, Touro Law Center
Document Type
Book
Publication Date
1-1-2013
Abstract
This book, first published in 2004 and recipient of the CPR International Book Award, offers a comprehensive approach to teaching and learning mediation representation, beginning with the initial client interview and extending through post-session representation. The book is designed to serve as a treatise for practitioners and a textbook for professors. It also comes with an expanded teacher’s manual for each chapter. The text highlights critical choices for advocates in mediation and covers: • advising clients about the mediation option and negotiating an agreement to mediate, • preparing cases and clients for the mediation session, • negotiating in a mediation process with the assistance of a mediator, • presenting opening statements and representing clients in joint sessions and caucuses, • overcoming impasses, including learning how to use decision-tree analysis and dealing with emotions, • uncovering creative solutions and resolving money disputes, and • generating movement as the mediation progresses and bringing closure. The third edition has several enhancements, including forty video-based questions that have been integrated throughout the book. Each video clip provides a visual aid for demonstrating particular mediator and advocacy techniques and practices. Also New to the Third Edition • Questions and problems for each chapter in the text (no longer in teacher’s manual). • Substantial new text and exercises on representing clients in disputes primarily involving money. • Expanded section on how to navigate mediation-related ethical and legal issues. • Coverage of psychological influences on the bargaining process. Organization in Detail Introduction: The Foundation Chapter 1: Negotiating in Mediation Chapter 2: Familiarizing Yourself with Mediation Chapter 3: Counseling Your Client About Mediation Chapter 4: Negotiating an Agreement to Mediate Chapter 5: Preparing Your Case for Mediation Chapter 6: Preparing Your Client for Mediation Chapter 7: Appearing in the Mediation: Pre-Mediation Conference, Mediation Session, and Post-Session Chapter 8: Breaking Impasses with Alternatives to Mediation (ATM)
Citation Information
Wolters Kluwer Law & Business