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)