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Mediation Representation: Advocating in a ProblemSolving Process,Used
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Recipient of 2004 Book Award of the CPR Institute for Dispute Resolution.Surprisingly little has been written on how to represent clients in mediation as a problemsolving forum. In this groundbreaking book, Hal Abramson offers a bold, new methodology for problemsolving advocacythe skills that lawyers are most likely to need in their legal practice.During mediation, Abramson says, you should negotiate using a creative problemsolving approach to achieve the two goals of meeting your clients interests and overcoming any impediments to settlement. Your negotiation strategy should take specific advantage of the presence of a mediator at each of the six key junctures in the mediation process.This mediation formula, Abramson points out, provides a framework for answering such persistent mediation representation questions as: What types of cases are suitable for mediation? How do you approach the other attorney about using mediation without looking weak or desperate? How do you prepare your case and client for mediation?Abramson begins by discussing how to be an effective negotiator. Mediation, he reminds us, is simply a continuation of the ongoing negotiation. He then explores the mediation process from the vantage point of an advocate, focusing on the different stages of mediation, the function of opening statements, the use of joint sessions and caucuses, and the various approaches and techniques of mediators. The next five chapters cover the knowledge and skills needed to effectively perform four specific roles in mediation representation: advising your clients about the mediation option, negotiating an agreement to mediate with other attorneys, preparing cases and clients for the mediation session, and appearing in the premediation conferences, mediation sessions, and postsessions. The final chapter presents alternative processes for resolving any remaining issues in the event that the mediation does not result in settling all the issues.The book is filled with handy checklists and appendices including samples of a briefing paper, opening statements, agreements to mediate, a confidentiality agreement, mediation rules, and a detailed explanation of how to use decision trees.
⚠️ WARNING (California Proposition 65):
This product may contain chemicals known to the State of California to cause cancer, birth defects, or other reproductive harm.
For more information, please visit www.P65Warnings.ca.gov.
- Q: What is the main focus of the book 'Mediation Representation: Advocating in a Problem-Solving Process'? A: The book focuses on how to represent clients effectively in mediation using a problem-solving approach, emphasizing negotiation strategies that meet client interests and facilitate settlements.
- Q: Who is the author of this book and what are his qualifications? A: The author is Harold I. Abramson, who is recognized for his expertise in mediation and dispute resolution, having received the 2004 Book Award from the CPR Institute for Dispute Resolution.
- Q: What are some key topics covered in the book? A: Key topics include negotiating strategies during mediation, preparing clients and cases for mediation, the role of advocates, and alternative processes for unresolved issues.
- Q: How many pages does the book have? A: The book contains 466 pages, providing a comprehensive overview of mediation representation.
- Q: Is this book suitable for beginners in mediation? A: Yes, the book is designed to assist both new and experienced practitioners by providing practical skills and methodologies for effective mediation representation.
- Q: What kind of resources does the book offer to readers? A: The book includes checklists, appendices, samples of legal documents such as opening statements and agreements to mediate, and a detailed explanation of decision trees.
- Q: What is the condition of the book offered for sale? A: The book is listed as a 'Used Book in Good Condition', indicating it may show some signs of wear but is still functional for reading and reference.
- Q: What binding type does this book have? A: The book is available in paperback binding, making it portable and easy to handle.
- Q: When was 'Mediation Representation: Advocating in a Problem-Solving Process' published? A: The book was published on January 1, 2004.
- Q: Can I use this book for legal practice? A: Yes, the methodologies and strategies outlined in the book are designed to enhance legal practice, particularly for those involved in mediation and dispute resolution.