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American Bar Association

Representing Clients in Mediation: A guide to optimal results based on insights from counsel, mediators, and program administrators

Representing Clients in Mediation: A guide to optimal results based on insights from counsel, mediators, and program administrators

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This comprehensive, 600-page book helps both experienced counsel and rookies advance their clients’ cause more effectively at every stage of the mediation process. A few more examples: · Creating a “plan for movement” in offers and counteroffers· Spotting the chance to “arbitrage” a deal point · Using “zingers” to create positional vulnerabilities for your opponent · Mediation prep and its potential for cementing client relationships · How miscommunication through numbers can cause lost opportunities · Perils of the “fatigue factor”· Breaking impasse — the pros and pitfalls of mediators’ techniques
Every chapter also includes a variety of "sidebars"—standalone pieces ranging from instructive anecdotes to direct me-to-you advice on specific mediation topics. Some examples: “Johnathan C. Bolton’s Bad First Time” . . . “Why Jay Cohen Reads Tom’s Mediation Brief First” . . . “What Maralee Eriksen Learned From Watching 40 Mediated Settlement Conferences” . . . “How Parties Can (Mis)communicate Through Numbers” . . . and many more.

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