Global Arbitration, Mediation, Negotiation & Dispute Resolution

Written by an active practising mediator, Mediation Advocacy: Representing and Advising Clients in Mediation takes you inside the mediation process, from the initial consideration of mediation to settlement and beyond. Drawing on current practical experience and the latest behaviour research in clear readable language it deals with the legal, financial, psychological and practical dimensions of mediation.

A 'how to do it' guide for anyone attending mediations as representatives, clients, experts or mediators, the fully revised, restructured and updated Second Edition includes:

- New chapters on:
-- Cross cultural issues – what to say and do and what not to say and do. With examples that you can use
-- Online Mediation – explains the differences when mediating by phone or via a video link. Tips and tricks to help you get started
-- Developing your practice as a mediation advocate: people are making money as specialists. Learn how to do it
- Increased emphasis on how to conduct a negotiation in mediations
- Expanded chapters on mind traps and the effect of cognitive biases on decision-making
- New material on how to speak and present at mediations. Includes exercises to put you in the right mental and physical state on the day
- Improved visuals and flow charts
- Worked examples of risk analysis
- Updated scripts for advocates and clients to use in joint sessions

This book provides lawyers with advice about selecting a mediator, preparing clients for mediation, and coaching the clients through the negotiation process to a settlement. It offers wise perspectives, examples from cases, and bullet-point practice tips.

This book teach you how to work with difficult litigants and overcome the hidden barriers that frustrate settlements. You will learn to:

Mediate effectively between parties who refuse to talk with each other;
Deal with insulting first offers, backward steps, and other adversarial tactics;
Influence how parties assess their legal case;
Add value and respond to hidden emotional obstacles;
Apply specialized tactics to overcome impasses
65 linked video excerpts featuring leading mediators will take your understanding beyond the printed page, showing how to apply these techniques in actual cases.

Beyond the Courtroom provides a compilation of articles and chapters by a dispute resolution scholar who has made remarkable contributions over his thirty-year career. Professor Abramson has focused his research and practice on parties trying to resolve their own disputes. This book includes publications that have contributed to launching the then new field of mediation representation with special attention on how attorneys, as gate keepers to mediation, can effectively represent clients. The book also includes his original publications that have contributed to the emerging field of intercultural and international mediation and the already robust and mature field of negotiations.

This title provides a comprehensive, yet concise examination of the primary aspects of mediation practice. In doing so, the book considers the legal, philosophical, policy and practical issues surrounding mediation use. Matters include issues such as levels of participation in mediation, enforceability of mediated agreements, regulation of practice including ethical issues, and a survey of the specialized applications of mediation. The extent and limits of confidentiality are examined along with consideration of the Uniform Mediation Act. Each chapter also contains an extensive bibliography and listing of the leading cases in each subject area.

A Short & Happy Guide to Mediation is for lawyers who want better results from mediation, clients curious about an upcoming mediation, mediators who want to become more effective, and students who want to explore dispute resolution as a career. What disputes should be mediated? Who gets to be the mediator and how do you choose the right one? How can preparation for a mediation lead to a more successful result? What are some things about the practice of mediation these days that we can improve? A Short & Happy Guide to Mediation addresses these and many other intriguing questions. We learned a lot about mediation during the pandemic. Virtual mediations became necessary and to the surprise of many (including this author) they often worked. What did we learn? How can you take advantage of this transition in future disputes? Answers to these and other questions are in this Second Edition

Provides a clear and reliable statement of the law and concepts central to ADR (arbitration, negotiation, mediation, and other processes). Its thorough coverage of arbitration law renders this challenging and rapidly-changing body of statutes and case law accessible to the student or lawyer. The chapters on negotiation and mediation treat the subjects from the perspectives of theory, practice, and legal doctrine.

This workbook is designed for basic mediation training. Authors Scott Hughes, Mark Bennett, and Michele Hermann take NITA's performance-based training for trial lawyers and adapt it to training for mediators. The authors have used these materials extensively in their mediation training classes at law schools and in programs open to the public.
The Art of Mediation, Second Edition, sets the mediation process in context, provides basic definitions, contrasts mediation with other forms of dispute resolution, describes varieties of mediation, and lays out roles and functions of the mediators. The book contains forms that illustrate sample agreements to mediate and final mediation agreements, plus a section containing hypothetical situations for performance training.

Getting to Yes offers a proven, step-by-step strategy for coming to mutually acceptable agreements in every sort of conflict. Thoroughly updated and revised, it offers readers a straight- forward, universally applicable method for negotiating personal and professional disputes without getting angry-or getting taken.

This mediation how-to manual brings together the collective wisdom of two of the field's most renowned founders, John Michael Haynes and Larry Sun Fong. The book not only covers a range of mediation cases, but also uniquely provides feedback from the clients as they reflect on the sessions and report on what worked best for them.

Beginning with a review of the theoretical underpinnings of the Haynes model of mediation, the book then presents six case studies with each demonstrating one or more of the organizing principles of mediation. The sessions examined reflect the different mediation areas currently being practiced-business, employment, neighborhood, adoption, education, and family.

The book goes beyond simply reporting what mediators experience as it shares the insights and motivations of Fong and Haynes. This well-rounded approach includes the exploration of the clients' thoughts, helping readers to incorporate successful organizing principles into their own mediation practices.

The modern emergence of mediation represents the new and evolving application of an ancient and universal approach to settling quarrels. Mediation is now an established method of dispute resolution across a wide range of professional, workplace and social situations including the family, community, commercial, organisational, employment, environmental and international arenas. It is increasingly being applied to new legal, care and health sectors such as child abduction, child protection, housing and medical negligence.

This book draws uniquely on the concrete knowledge and practice experience of leading mediators, working in a variety of fields, to inform contemporary debates and challenges. These practitioners reflect on the excitement, complexity, difficulty and satisfaction of their work as well as on the differences and commonalities within and across diverse fields of mediation practice. The book explores individual qualities and approaches, styles and models of practice, institutional frameworks and personal ideologies.

Developing the Craft of Mediation is an essential aid for any mediator, and for other professionals wanting to enhance their understanding of the theory and practice of mediation.

This book is intended for readers interested in mediation, negotiation, and other methods of conflict resolution. The use of mediation is widespread, but research into its impact is still in its infancy. If mediation is a way of resolving conflicts of our time, then mediators have a responsibility: on a small scale, in resolving acute conflicts, and on a large scale, in shaping and establishing a new form of social dialogue. They should know what they are doing. They should know which interventions to use and when, and what effect they have. With its research results, this book helps to strengthen the relevant field of mediation through scientific findings and to derive recommendations for action for mediators from the results.

This book is a translation of the original German 1st edition Mediatoren in der Hauptrolle – Mediation verstehen und aktiv steuern by Andrea Hartmann-Piraudeau, published by Springer FachmedienWiesbaden GmbH, part of Springer Nature in 2020. The translation was done with the help of artificial intelligence (machine translation by the service DeepL.com). A subsequent human revision was done primarily in terms of content, so that the book will read stylistically differently from a conventional translation. Springer Nature works continuously to further the development of tools for the production of books and on the related technologies to support the authors.

Considered from a children’s rights perspective, this book provides a critical socio-legal account of child-inclusive mediation (CIM) practice. It draws on interviews with relationship professionals, mediators, parents and children to consider the risks and benefits of CIM.

Most mediators are working with models - consciously or unconsciously – such as Glasl’s model on Escalation, the ZOPA and the Drama Triangle, to name the best known. This book brings together almost 60 models which can be used in mediation. It includes an overview on how to apply these in practice and what its use is in a mediation. The aim of the book is to assist mediators in doing their job more effectively and thus raise the level of mediation.

Models for Mediation is a welcome contribution to the development of the field.

The full-color book is folded and bound per the Japanese binding method and comes with a poster of the leading mediation model. In short: a special edition and a must-have for every mediator!

Digital mediation is here to stay, but how do mediators, advisers and clients achieve the same results from digital mediations as they do from face to face mediations?
Do new skills and mindsets need to be learnt? Can you build rapport online? Can you read emotions? How do you market online? How do you decide whether it's the right choice for your dispute? How does digital mediation fit into the world of the Digital Justice System and mandatory mediation?
Answering these questions and many more, this is the only book to focus on mediation as opposed to other means of Online Dispute Resolution such as arbitration.

This title:
- Includes checklists and templates written by a mediator who has conducted over 280 digital mediations
- Covers topics including smart systems, 'smart settle', the use of artificial intelligence, ChatGPT and mixed media mediations
- Teaches mediators, advisers and clients the different skills and mindsets essential to success in the world of digital mediation
- Shows how to market mediation online with practical guidance on websites, videos, blogs and podcasts
- This book is essential reading for all mediators wishing to adapt to the new norm of digital mediation.

This book takes a practical, concise, and coherent approach to mediation ethics to make lawyer-mediators aware of their ethical obligations while serving as mediators. The book has been written by 15 leading mediation scholars, with special expertise in mediation ethics, each contributing a chapter on a topic within his or her expertise.

Topics covered include:
Theory of mediators' ethics,
Contrasting lawyer ethics and mediator ethics,
Codes of Conduct for mediators and MEAC opinions,
Accepting a case or refusing to mediate,
Evaluating ethically,
Separate meetings,
Mediator proposals,
Difficult parties,
Lawyer representation in mediation,
Med-arb,
The mediated agreement,
Mediators as witnesses,
Mediator discipline,
And continuing mediation ethics education.