Preface to the First Edition
Author | Stephen Walker/David Smith |
Pages | 19-20 |
This book is intended for anyone who represents a client at a mediation. It is practical and contemporary not theoretical and historical. We do not discuss the Confucian or Phoenician origins of mediation.
There is much anecdotal evidence from mediators that representatives at mediations are not as well prepared as they should be, and that they do not serve their clients well. Tony Allen, one of the most entertaining and perceptive commentators on the mediation scene, says that the lawyer’s role in representing clients in mediation is ‘a generally underestimated skill in which the legal profession is still undertrained’.
Rather than being another text evangelising mediation and seeking to win people over to the concept, this book is focused on promoting mediation by illustrating how representatives can help their clients to get the best from it.
We address the two reasons why, in our experience, mediations fail: lack of...
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- Preface to the Second Edition
- Preface to the First Edition
- Overview
- When and How to Use Mediation
- Persuasion and Compulsion
- Confidentiality and Liability
- Mediator Selection
- Physical Preparation - Position Papers and Bundles
- Mental Preparation I - Pre-mediation Analysis and Mediation Strategy
- Mental Preparation II - Negotiation Tactics
- Mediation Day
- Mediation Representation
- At the End
- Conclusion - New Trends, Old Problems
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