Preface to the First Edition

AuthorStephen Walker/David Smith
Pages19-20

Page 19

Preface to the First Edition

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 preparation in advance and lack of engagement on the day.

We provide explanations and...

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