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Vol 23 No 5 May/June 2018

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Drafting Commercial Agreements

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Mediation Representation 2nd ed

ISBN13: 9780199693122
Published: November 2011
Publisher: Oxford University Press
Country of Publication: USA
Format: Paperback
Price: £68.00

In stock.

In the second edition of his award-winning book, Harold Abramson offers a framework for representing clients in mediation in the form of his Mediation Representation Triangle that emphasizes knowing how to negotiate effectively, how to enlist mediator assistance, and how to develop a mediation representation plan that meets clients' interests, overcomes impediments, and shares information judiciously.

Through his expanded and nuanced framework for effective problem-solving advocacy in mediation, he answers such keys questions as: How to select the right mediator? How do you prepare your case and client for mediation? And, what to do as the mediation unfolds?

Abramson begins by examining how to be an effective negotiator in mediation including during each mediation stage, opening statements, joint sessions and caucuses. He also gives considerable attention to the various ways mediators can assist participants in the mediation. He then covers advising clients about the mediation option, negotiating an agreement to mediate, preparing cases and clients for the mediation session, and appearing in pre-mediation conferences, mediation sessions, and post-sessions. He also presents alternative processes for resolving issues not settled in mediation.

This second edition introduces new material on resolving moneyed disputes, dealing with emotions, sharing information, interviewing mediators and their references, choosing between joint sessions and caucuses, generating movement, proactively enlisting the mediator, searching for creative solutions, and navigating legal issues when drafting agreements. It also includes new approaches to assessing and preparing opening statements and refines the critical techniques for bridging any final gap.

Advocacy, Arbitration and Dispute Resolution
1: Negotiating in Mediations
2: Familiarising yourself with Mediation
3: Counselling your Client about Mediation
4: Negotiating an Agreement to Mediate
5: Preparing your Case for Mediation
6: Preparing your Client for Mediation
7: Appearing in the Mediation: Pre-Mediation Conference, Mediation Session, and Post-Session