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Vol 21 No 9 Sept/Oct 2016

Book of the Month

Cover of Goode on Commercial Law

Goode on Commercial Law

Edited by: Ewan McKendrick
Price: £170.00

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The Commercial Mediator's Handbook

ISBN13: 9780415723053
Published: September 2014
Publisher: Informa Law
Country of Publication: UK
Format: Paperback
Price: £125.00

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Mediation as a method of dispute resolution is well known and practised worldwide, and this book provides the knowledge necessary for those actively involved in mediation work as well as for those who need to learn the process.

This is an invaluable guide on how to mediate, what forms should be used and what techniques can be applied by the mediator to obtain a successful result. It also provides essential guidance on how to deal with large, complex international commercial disputes and their effective administration.

Key features of this book include:-

  • In-depth discussion of both the existing and historical international case law on mediation including its history under the British Common law, European Civil law and Muslim Shari'ah law.
  • Analysis of the differences between the various forms of mediation agreements with sample wording to add to or modify these forms as needed.
  • In-depth discussion of the ethical requirements relating to mediation and mediators.
  • Sample forms for use in commencing mediation.
  • In-depth discussion of actual mediations, how they should be conducted, techniques to use and sample forms.
  • General forms for use in complex international mediation, form agenda and mediation statements.
  • Mediator disclosure forms, questionnaires for potential mediators and parties and comparison of mediation agreements and sample forms.
  • Discussion of how to effectively use witnesses and the preparation and presentation of witness statements in mediation.
  • International case studies with statements of claims and responses.
This book will be essential reading for those involved in international commercial and construction mediation.

Arbitration and Dispute Resolution
Chapter 1. The Dispute Process - Why Settle?
Chapter 2. Why Mediate – It Is an Old Story
Chapter 3. Why Mediate – Today
Chapter 4. The Development of Contemporary Mediation Worldwide
Chapter 5. The Process
Chapter 6. Interests and Negotiation
Chapter 7. Conducting a Mediation Session
Chapter 8. Preventing Settlement Remorse in Mediation
Chapter 9. Mediation Party Forms, Questionnaire, and Documents
Chapter 10. The Mediator’s Pre-Mediation Information and Dispute Management
Chapter 11. Structured Mediation Boards – Forms and Documents
Chapter 12. What Does the Mediator Do
Chapter 13. Mediator Control and Payment
Chapter 14. Mediation Commencement and Other Issues
Chapter 15. Finding the Truth
Chapter 16. Mediation Styles
Chapter 17. Commercial Mediation Techniques
Chapter 18. Procedures, Proceedings and Check Lists
Chapter 19. Reaching Agreement
Chapter 20. Mediator Ethics
Chapter 21. Special Forms and Agreements
Chapter 22. Legal Issues in Mediation
Chapter 23. Additional Mediation Forms and Agreements
Chapter 24. Representing Parties In Mediation
Chapter 25. Advanced Techniques