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Book Description
Meditation is not a soft option for the advocate. If you are unprepared, if you do not know what to expect, if you do not know what you are doing your client will be at a considerable disadvantage and you will come unstuck.
This book is aimed at lawyers and other professional advocates who represent clients in mediation. It is written not only for first-time needing to learn about the basics of mediation very quickly, particularly as to what they should expect and how they should prepare. More seasoned advocates wishing to specialize in mediation advocacy and who want to develop the particulars skills that it requires will also find it invaluable.
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Contents
Part 1 - The decision to mediate
1.1 Is the case suitable for mediation?
1.2 Is the case ripe for mediation?
1.3 Getting the client to mediate
1.4 The client's questions
1.5 Key points to explain
1.6 Getting your instructing solicitor or principal to agree to mediation
1.7 Getting the other side to mediate
1.8 Arguing against mediation
Part 2. Choosing a mediator
2.1 Mediation service providers
2.2 Choosing the right mediator
Part 3. The pre-mediation process
3.1 Choosing the venue
3.2 The mediation agreement
3.3 Document preparation
3.4 The written statement of case
3.5 "Working" with the mediator in the pre-mediation phase
3.6 Decisions as to strategy
3.7 Obtaining authority to settle
3.8 Working up the mediation 'brief
3.9 Pre-hearing preparation
3.10 The advice on mediation for the client
3.11 Fixing the mediation hearing
3.12 Getting it wrong
Part 4. The mediation hearing
4.1 Timetabling
4.2 Practical considerations
4.3 Procedure
4.4 The opening statement
4.5 Private and open sessions
4.6 The role of the advocate at the mediation
4.7 Working with the mediator - tactical considerations
4.8 Team strategy
4.9 Working towards a settlement
4.10 Effective mediation management
4.11 Negotiation processes and strategies within mediation
4.12 The momentum to expect
4.13 Traits of effective and ineffective negotiators
4.14 Ten rules for effective negotiation within mediation
4.15 Negotiating phases
4.16 Opening negotiating positions
4.17 Movement
4.18 Crisis and deadlock
4.19 Dealing with obnoxious opponents
4.20 Dealing with overly aggressive opponents
4.21 Using tit-for-tat as a model negotiating strategy
4.22 Forensic skills of mediation advocates
4.23 Control of the client
4.24 The settlement agreement
4.25 Time-limited mediations part5. Costs issues
5.1 Litigation costs and adr
5.2 The recoverability of costs
5.3 Mediation costs and conditional fee agreements
5.4 The relevance of court-directed mediation
5.5 Adverse costs awards for a party's failure to mediate
5.6 Potential difficulties
Appendices
I - Select list of mediation service providers
II - Examples of standard form mediation agreements
III - Standard form mediation agreements
Bibliography
Index
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Author Details
Andrew Goodman has been a barrister since 1978 and an accredited CEDR mediator since 1992 practicing in commercial, construction, partnership, franchising, professional negligence and farming disputes. He has been recommended as a leading junior in professional indemnity work in the Legal 500 for 11 years and for ADR was in Chambers Directory for four years. He is currently Professor of Conflict Management and Dispute Resolution Studies at Rushmore University and undertaking doctoral research in mediation dynamics at Birkbeck College, University of London. He was requested to submit evidence to Lord Woolf's Committee on Access to Justice on Court Annexed ADR Practices in other jurisdictions. Between 2001 and 2003 he served as a Nominet UK Domain Name Panel Expert. He is currently a lay member of the Bar's ADR Committee and a mediation advocacy trainer, and of the RICS Ethics, Conduct and Consumer Policy Committee. He is the author and editor of over-30 books including The Court Guide (OUP 2006/7, 19th edn.) and The Prison Guide (Blackstone 1999). He wrote The RCJ Guide (Longman 1985) and The Walking Guide to Lawyer's London (OUP 2000), produced The RCJ Plans (Legastat 1988 onwards) and has had numerous articles published in the legal and academic press; he devised and edited What's It Worth;1 Updated General Damages Awards in Non-Personal Injury Claims (Vol. 1 Property Claims) (EMIS 2004). August, 2005 saw the publication of his seminal How Judges Decide Cases: Reading, Writing and Analysing Judgments (Xpl publishing), followed by its sequel Influencing the Judicial Mind: Effective Written Advocacy in Practice (Xpl 2006). In April 2006 Andrew Goodman established Xpl-Professional Skills Training offering bespoke in-house specialist and advanced training in written advocacy and mediation representation/advocacy: see www.xpl-pst.com. He has written for Commercial Lawyer and appeared on Legal Network Television, Yorkshire Television, ITN News at Ten, the Discovery Channel, BBC Radio 4, Radio London, GLR and London Live, Radio Essex, Kent, Lancashire and the World Service. He has also written a number of books on late Victorian theatre and acted as a technical consultant on the Oscar-winning Mike Leigh film Topsy-Turvy and for a PBS documentary in the United States.
Alastair Hammerton, Following an LL.M from the University of Virginia School of Law, Charlottesville, Virginia in 1984, Alastair Hammerton has practiced as a barrister from 1 Chancery Lane (formerly No 1 Serjeants' Inn) specializing in professional negligence and other insurance-related claims, commercial litigation, regulatory work and personal injury litigation. In recent years he has been involved in a wide range of mediations. He has for many years been recognized as a leading junior at the professional negligence bar by the legal directories, and has written and lectured widely on all aspects of civil litigation. He is a contributor to Atkin's Court Forms - "Professional 8c Clinical Negligence" and "Personal Injury" (Butterworths) and to "Advanced Civil Litigation in Practice" (OUP), and he is also an editor of "Pittaway & Hammerton: Professional Negligence Cases" (Butterworths).
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