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This book is now Out of Print.
A new edition has been published, the details can be seen here:
Advising and Representing Clients at Mediation 2nd ed isbn 9780854902774

Advising and Representing Clients at Mediation

ISBN13: 9780854901210
New Edition ISBN: 9780854902774
Published: June 2013
Publisher: Wildy, Simmonds and Hill Publishing
Country of Publication: UK
Format: Paperback
Price: Out of print

Advising and Representing Clients at Mediation is an invaluable guide for lawyers, surveyors and other professionals. It will assist at every stage of the mediation process from persuading the other party to mediate, to preparing for and taking part in the mediation itself, and advising clients on what to expect and how to conduct themselves at a mediation.

The book also offers extensive checklists and precedents, practical advice from experienced mediators, and a clear explanation of the law as it currently stands.

Every now and then a book is published for legal representatives that goes beyond a mere analysis of the law and technical guidance, and makes the reader stop and think. This is one such publication. I wish I had read this book before I first represented clients as a solicitor at mediations. Now, as a commercial mediator, plenty in the book resonates with my own experiences. It is packed with real-life tips and examples. It will help a representative get the very best out of the mediation process for their client."

The Law Society Gazette

Wildy, Simmonds and Hill, Mediation
1. Overview
1.1 Introduction
1.2 Who are the representatives?
1.3 What is the representative’s role?

2. When and How to Use Mediation
2.1 Introduction
2.2 Alternative dispute resolution
2.3 How is mediation different?
2.4 Does mediation really work?
2.5 What the client can expect from mediation
2.6 What are the advantages for the clients?
2.7 Uses of mediation
2.8 Other ways of using mediation
2.9 Timing of the mediation
2.10 Conclusion

3. Persuasion and Compulsion
3.1 Introduction
3.2 Mediation theory
3.3 Mediation practice
3.4 Halsey and refusal of mediation
3.5 Responding to a Halsey letter to say no
3.6 Contractual obligations to mediate
3.7 Can I leave a mediation?
3.8 Conclusion

4. Confidentiality and Liability
4.1 Introduction
4.2 Without prejudice rule
4.3 Getting past the without prejudice rule
4.4 Is there mediation privilege?
4.5 Mediation confidentiality agreements
4.6 Settlement agreements
4.7 Protection of the mediator
4.8 Proceeds of Crime Act 2002
4.9 EU mediation and the Directive
4.10 Liability of the mediator
4.11 Conclusion

5. Mediator Selection
5.1 Introduction
5.2 Where to look for a mediator
5.3 Essential questions to ask about a mediator
5.4 Mediator qualifications
5.5 Complaints and conduct
5.6 Mediation style and method
5.7 Mediator fees
5.8 Who do I choose?
5.9 Arguing about the mediator
5.10 Mediation agreement
5.11 Venue selection
5.12 Conclusion

6. Physical Preparation – Position Papers and Bundles
6.1 Introduction
6.2 Is a position paper essential?
6.3 Do you need a mediation bundle?
6.4 Less is more
6.5 Conclusion

7. Mental Preparation I – Pre-mediation Analysis and Mediation Strategy
7.1 Introduction
7.2 Rebalancing
7.3 Purpose and preparation
7.4 Do lawyers really want to settle?
7.5 What mediation expects from the client
7.6 Four topics that must be considered
7.7 Mediation strategy – know your settlement
7.8 BATNAs and WATNAs
7.9 Pre-mediation analysis
7.10 Know your client
7.11 Know yourself – cognitive biases, heuristics
7.12 Conclusion

8. Mental Preparation II – Negotiation Tactics
8.1 Introduction
8.2 Negotiation – practice v theory
8.3 Three things that always crop up – money, deal breakers and the unexpected
8.4 Negotiation tactics
8.5 Offers and the party’s role
8.6 Finding the deal zone
8.7 Conclusion

9. Mediation Day
9.1 Introduction
9.2 Mediation stages and timetable

10. Mediation Representation
10.1 Introduction
10.2 Can the client represent himself?
10.3 Who should represent the client?
10.4 Does a representative need to be legally qualified?
10.5 Key requirements of a representative
10.6 Three roles of a representative
10.7 Making peace is a co-operative process
10.8 Three-stage process
10.9 Conclusion

11. At the End
11.1 Introduction
11.2 Settlement agreements
11.3 Drafting the agreement
11.4 What happens if the parties cannot agree?
11.5 Costs
11.6 After settlement
11.7 Conclusion

12. Conclusion

1. Mediation – Frequently Asked Questions
2. Mediation Preparation Guidance Notes
3. Preparing the Position Statement
4. Confidential Checklist
5. Pre-mediation Analysis
6. Further Reading
7. Model Mediation Clause
8. Precedent – Halsey Letter Proposing Mediation
9. Precedent – Response to Halsey Mediation Letter
10. Precedent – Response to Halsey Mediation Letter Based on Time

Series: Wildy Practice Guides

Planning Enforcement ISBN 9780854901166
Published July 2015
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Planning Law and Practice ISBN 9780854901159
Published April 2013
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Charities and Not-for-Profit Entities: Law and Practice ISBN 9780854900749
Published August 2012
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Personal Injury Litigation 4th ed ISBN 9780854900862
Published September 2011
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Procedure in Civil Courts and Tribunals 3rd ed ISBN 9780854900510
Published August 2010
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Debt Recovery in the Courts ISBN 9780854900732
Published June 2010
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Termination of Employment 5th ed ISBN 9780854900541
Published April 2010
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Residential Tenancies 5th ed ISBN 9780854900428
Published September 2009
Wildy, Simmonds and Hill Publishing