Preliminary Sections
| Author | Stephen Walker/David Smith |
| Pages | 1-15 |
Representing Clients at Mediation
Second EditionRepresenting Clients at Mediation
Second Edition Stephen Walker and David SmithWildy, Simmonds & Hill Publishing
© Stephen Walker and David Smith 2019
ISBN: 9780854902774
British Library Cataloguing in Publication Data
A catalogue record for this book is available from the British Library
The right of Stephen Walker and David Smith to be identified as the authors of this Work has been asserted by them in accordance with sections 77 and 78 of the Copyright, Designs and Patents Act 1988.
All rights reserved. No part of this book may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, without the consent of the copyright owners, application for which should be addressed to the publisher. Such a written permission must also be obtained before any part of this publication is stored in a retrieval system of any nature.
All reasonable care was taken in the preparation of this book, but any person relying on any of the statements, express or implied, in this book does so entirely at his or her own risk and without liability on the part of either the authors or the publisher.
First edition 2013
This edition published in 2019 by
Wildy, Simmonds & Hill Publishing
Wildy & Sons Ltd
Lincoln’s Inn Archway
Carey Street
London WC2A 2JD
www.wildy.com
Typeset by Heather Jones, North Petherton, Somerset.
Printed in Great Britain by Hobbs the Printers Ltd, Brunel Road, Totton, Hampshire SO40 3WX.
To Kit and Bob with thanks for everything.
SW
For my wife and daughter and with love to NM and TM.
DS
Preface to the Second Edition xvii Preface to the First Edition xix
1 Overview 1
1.1 Introduction 1
1.1.1 Mediation – a working definition 1
1.1.2 Mediation – Has its time come? 2
1.2 Who are the representatives? 4
1.2.1 What should they be called? 4
1.2.2 What do representatives do? 5
1.2.3 What is mediation advocacy? 5
1.2.4 Changes of attitude 7
1.3 What is the representative’s role? 11
1.3.1 SCMA guidance – the reality 11
1.3.2 Wise words from a wise man 12
2 When and How to Use Mediation 13
2.1 Introduction 13
2.2 Alternative dispute resolution 13
2.3 How is mediation different? 13
2.3.1 Non-judgmental 13
2.3.2 Party-led settlements 14
2.3.3 Assisted negotiation 14
2.3.4 Contractual settlement 15
2.4 Does mediation really work? 15
2.4.1 Success rates 15
2.4.2 Client satisfaction 16
2.5 What the client can expect from mediation 16
2.5.1 A chance to be heard 17
2.5.2 An apology 17
2.6 What are the advantages for the clients? 17
2.6.1 Escaping from litigation 17
2.6.2 A safe place to do a deal 18
2.6.3 Creating their own solution 18
2.6.4 Global settlement 18
2.6.5 No more stress 18
2.6.6 No more legal fees 18
2.6.7 No more downtime 19
2.6.8 Certainty 19
2.7 Uses of mediation 19
viii Advising and Representing Clients at Mediation
2.7.1 Commercial disputes 19
2.7.2 Boundary and property disputes 20
2.7.3 Employment and workplace
disputes 20
2.7.4 Civil disputes 21
2.7.5 Probate disputes 21
2.7.6 Personal injury disputes 21
2.7.7 Family and hybrid disputes 22
2.8 Other ways of using mediation 23
2.8.1 Partial settlement 23
2.8.2 Narrowing issues 23
2.8.3 Reducing costs 23
2.8.4 Promoting understanding 24
2.9 Timing of the mediation 24
2.9.1 Need for further information 24
2.9.2 Need...
To continue reading
Request your trial