Mediation: Approaches and Insights - Complete Book
Mediation: Approaches and Insights is a compilation of articles, taken from the past decade of Alternatives,that features cutting-edge techniques, trends and development of the law. This collection of think pieces, investigations, and practical guidance demonstrates the recent evolution of commercial mediation practice. The articles include analysis of the profession's changes, process design structures, and court cases.
The volume provides the reader with basic skills; advanced techniques and tricks of the trade; examples of mediation's application to traditional and unconventional settings; advocacy in mediation practices; process and system design help, and legal developments.
The articles, adapted and updated from the pages of Alternatives--which New York-based CPR has produced for corporate counsel and law firms since 1983--provide a comprehensive portrait of the state of current business mediation use, and project the practice's future course.
PART A. Mediator Qualifications
Introduction
Chapter 1 Do You Have What It Takes To Be A Mediator?
Peter Lovenheim
Chapter 2 Malpractice Warning Signs for the Evaluative Lawyer-Mediator
Carl H. Helmstetter
Chapter 3 The Business Lawyer as Mediator
James C. Freund
PART B. Mediator's Techniques
Introduction
Chapter 4 Part I: Maximizing the Mediator's Initial Contact
Marjorie Aaron
Chapter 5 Part II: Getting a Head Start: More Intake Questions and Tips for Mediators
Marjorie Aaron
Chapter 6 Using Deception in Mediation
Jeffrey Krivis
Chapter 7 Comedy Training for a Mediator
Jeffrey Krivis
Chapter 8 Parties Need Mediators With Personal and Professional Tenacity
Gregg F. Relyea
Chapter 9 Ten Principles of Mediation Ethics
David A. Hoffman
Chapter 10 Telling Mediation Tales Can Encourage Settlement
Stefan M. Mason
Chapter 11 Mediation 'Transparency' Helps Parties See Where They're Going
Michael L. Moffitt
Chapter 12 The Critical Impact of Word Choice in Mediation
Gregg F. Relyea
Chapter 13 How Much Evaluation Should Be Mixed into a Mediation Session?
Tom Arnold
Chapter 14 A Style Index for Mediators
Jeffrey Krivis & Barbara McAdoo
PART C. Mediation Programs
Introduction
Chapter 15 Mediation under Florida Law
John J. Upchurch
Chapter 16 Federal Appellate Mediation Programs
Kathleen M. Scanlon
Chapter 17 System Disorders: Trying to Build Resolution into Managed Care
Brad Honoroff & Christopher Honeyman
Chapter 18 Why Mediating Probate Disputes Is an Attractive Alternative
Kevin J. Parker
Chapter 19 Integrated Conflict Management Programs Emerge as an Organization
Development Strategy
Jennifer Lynch
PART D. Advocacy in Mediation
Introduction
Chapter 20 Preparation: What Clients Don't Want to Hear
Paul R. Fisher
Chapter 21 Is Your Infringement Dispute Suitable for Mediation?
Peter H. Kaskell
Chapter 22 Expert Witnesses and Mediation
Kathleen M. Scanlon
Chapter 23 Preparing for Mediation in a Multiparty Construction Dispute
David I. Bristow & Zimba Moore
Chapter 24 Mediation Advocacy: Axioms for Avoiding an Impasse
Paul R. Fisher
Chapter 25 Taking Mediation Online: How to Adapt Your Practice
Jeffrey Krivis
Chapter 26 Responding When the Other Side Doesn't Have Settlement Authority
Jeffrey Krivis
Chapter 27 How Advocacy Fits in Effective Mediation
Jeff Kichaven
Chapter 28 What Clients Must Know About Mediation: An ADR Primer for Parties About to Litigate
Paul R. Fisher
PART E. Mediation as a Process
Introduction
Chapter 29 Are the Neutrals Working for Themselves?
Michael Watkins
Chapter 30 Mediation's Value Comes From the Many Options it Produces
Jeffrey Krivis
Chapter 31 Adding Value: Making the Strongest Case for Evaluation
Jeff Kichaven
Chapter 32 Can Three-Mediator Panels Resolve 'Impossible' Disputes?
M. Scott Donahey & Sandra A. Sellers
Chapter 33 If You're Willing to Experiment, 'Principle' Cases Can Be Mediated
Dwight Golann
PART F. LEGAL ISSUES INVOLVING MEDIATION
Introduction
Chapter 34 Enforcement of Contract Clauses Providing for Mediation
Kathleen M. Scanlon & Adam Spiewak
Chapter 35 Primer on Developments in Mediation Confidentiality
Kathleen M. Scanlon
Chapter 36 Does Good Faith Avoid a Breach of Mediation Confidentiality?
William B. Leahy & Karen E. Rubin
Chapter 37 A Model Rule for Lawyers as Third-Party Neutrals
CPR-Georgetown Commission on Ethics and Standards in Alternative Dispute Resolution
Chapter 38 Mediation Settlement Agreements: Legal, Ethical, and Practical Issues
R. Wayne Thorpe & Jennifer Boyens Victor
Chapter 39 Mediation Settlement Agreements: They're Doubtful Without a Writing
R. Wayne Thorpe & Jennifer Boyens Victor
Chapter 40 A Challenge to Mediation Sanctions Is Turned Away by the Eighth Circuit
Michael Geigerman
Chapter 41 California Legal Community Examines The Limits of Mediation Confidentiality
Russ Bleemer
Chapter 42 California's Top Court Endorses Mediation Law, but ADR Professionals
Remain Split about the Decision
Russ Bleemer
Chapter 43 Commentary: Exalting 'Absolute Confidentiality' Hurts the Practice
Jeff Kichaven
Russ Bleemer is Editor of Alternatives, the highly-regarded monthly news journal on ADR produced by CPR, reporting on practices and issues of concern to business, law firms, government and the courts. Mr. Bleemer was previously law editor for New Jersey Law Journal and an associate at a New York firm. He is a graduate of The George Washington University National Law Center and Marietta College.
Praise for Mediation: Approaches and Insights
"Rarely does a compilation of articles come together in such a symmetrical and comprehensive fashion. Mediation: Approaches and Insights presents a breadth and depth of thoughtful and practical commentary which will be of lasting benefit to both the seasoned practitioner and novice. The selected pieces, together with the editor’s unifying introductory analysis, produce a valuable addition to the literature of ADR."
- Harry N. Mazadoorian is Distinguished Professor of Dispute Resolution Law from Practice at Quinnipiac University School of Law. He previously held a number of positions, including manager of ADR programs, within the Legal and Public Affairs Department of CIGNA Corporation. He has served as chairperson of both the Mediation Committee and the Corporate ADR committee of the ABA’s Section of Dispute Resolution.
Russ Bleemer is Editor of Alternatives, the highly-regarded monthly news journal on ADR produced by CPR, reporting on practices and issues of concern to business, law firms, government and the courts. Mr. Bleemer was previously law editor for New Jersey Law Journal and an associate at a New York firm. He is a graduate of The George Washington University National Law Center and Marietta College.
Praise for Mediation: Approaches and Insights
"Rarely does a compilation of articles come together in such a symmetrical and comprehensive fashion. Mediation: Approaches and Insights presents a breadth and depth of thoughtful and practical commentary which will be of lasting benefit to both the seasoned practitioner and novice. The selected pieces, together with the editor’s unifying introductory analysis, produce a valuable addition to the literature of ADR."
- Harry N. Mazadoorian is Distinguished Professor of Dispute Resolution Law from Practice at Quinnipiac University School of Law. He previously held a number of positions, including manager of ADR programs, within the Legal and Public Affairs Department of CIGNA Corporation. He has served as chairperson of both the Mediation Committee and the Corporate ADR committee of the ABA’s Section of Dispute Resolution.
PART A. Mediator Qualifications
Introduction
Chapter 1 Do You Have What It Takes To Be A Mediator?
Peter Lovenheim
Chapter 2 Malpractice Warning Signs for the Evaluative Lawyer-Mediator
Carl H. Helmstetter
Chapter 3 The Business Lawyer as Mediator
James C. Freund
PART B. Mediator's Techniques
Introduction
Chapter 4 Part I: Maximizing the Mediator's Initial Contact
Marjorie Aaron
Chapter 5 Part II: Getting a Head Start: More Intake Questions and Tips for Mediators
Marjorie Aaron
Chapter 6 Using Deception in Mediation
Jeffrey Krivis
Chapter 7 Comedy Training for a Mediator
Jeffrey Krivis
Chapter 8 Parties Need Mediators With Personal and Professional Tenacity
Gregg F. Relyea
Chapter 9 Ten Principles of Mediation Ethics
David A. Hoffman
Chapter 10 Telling Mediation Tales Can Encourage Settlement
Stefan M. Mason
Chapter 11 Mediation 'Transparency' Helps Parties See Where They're Going
Michael L. Moffitt
Chapter 12 The Critical Impact of Word Choice in Mediation
Gregg F. Relyea
Chapter 13 How Much Evaluation Should Be Mixed into a Mediation Session?
Tom Arnold
Chapter 14 A Style Index for Mediators
Jeffrey Krivis & Barbara McAdoo
PART C. Mediation Programs
Introduction
Chapter 15 Mediation under Florida Law
John J. Upchurch
Chapter 16 Federal Appellate Mediation Programs
Kathleen M. Scanlon
Chapter 17 System Disorders: Trying to Build Resolution into Managed Care
Brad Honoroff & Christopher Honeyman
Chapter 18 Why Mediating Probate Disputes Is an Attractive Alternative
Kevin J. Parker
Chapter 19 Integrated Conflict Management Programs Emerge as an Organization
Development Strategy
Jennifer Lynch
PART D. Advocacy in Mediation
Introduction
Chapter 20 Preparation: What Clients Don't Want to Hear
Paul R. Fisher
Chapter 21 Is Your Infringement Dispute Suitable for Mediation?
Peter H. Kaskell
Chapter 22 Expert Witnesses and Mediation
Kathleen M. Scanlon
Chapter 23 Preparing for Mediation in a Multiparty Construction Dispute
David I. Bristow & Zimba Moore
Chapter 24 Mediation Advocacy: Axioms for Avoiding an Impasse
Paul R. Fisher
Chapter 25 Taking Mediation Online: How to Adapt Your Practice
Jeffrey Krivis
Chapter 26 Responding When the Other Side Doesn't Have Settlement Authority
Jeffrey Krivis
Chapter 27 How Advocacy Fits in Effective Mediation
Jeff Kichaven
Chapter 28 What Clients Must Know About Mediation: An ADR Primer for Parties About to Litigate
Paul R. Fisher
PART E. Mediation as a Process
Introduction
Chapter 29 Are the Neutrals Working for Themselves?
Michael Watkins
Chapter 30 Mediation's Value Comes From the Many Options it Produces
Jeffrey Krivis
Chapter 31 Adding Value: Making the Strongest Case for Evaluation
Jeff Kichaven
Chapter 32 Can Three-Mediator Panels Resolve 'Impossible' Disputes?
M. Scott Donahey & Sandra A. Sellers
Chapter 33 If You're Willing to Experiment, 'Principle' Cases Can Be Mediated
Dwight Golann
PART F. LEGAL ISSUES INVOLVING MEDIATION
Introduction
Chapter 34 Enforcement of Contract Clauses Providing for Mediation
Kathleen M. Scanlon & Adam Spiewak
Chapter 35 Primer on Developments in Mediation Confidentiality
Kathleen M. Scanlon
Chapter 36 Does Good Faith Avoid a Breach of Mediation Confidentiality?
William B. Leahy & Karen E. Rubin
Chapter 37 A Model Rule for Lawyers as Third-Party Neutrals
CPR-Georgetown Commission on Ethics and Standards in Alternative Dispute Resolution
Chapter 38 Mediation Settlement Agreements: Legal, Ethical, and Practical Issues
R. Wayne Thorpe & Jennifer Boyens Victor
Chapter 39 Mediation Settlement Agreements: They're Doubtful Without a Writing
R. Wayne Thorpe & Jennifer Boyens Victor
Chapter 40 A Challenge to Mediation Sanctions Is Turned Away by the Eighth Circuit
Michael Geigerman
Chapter 41 California Legal Community Examines The Limits of Mediation Confidentiality
Russ Bleemer
Chapter 42 California's Top Court Endorses Mediation Law, but ADR Professionals
Remain Split about the Decision
Russ Bleemer
Chapter 43 Commentary: Exalting 'Absolute Confidentiality' Hurts the Practice
Jeff Kichaven