Why is a party’s second number often the most revealing in negotiations? Should you “hold something back” for trial? What are “hallway moments,” and how can they help you? Should you ever tell the mediator your bottom line?
You’ll find advice on these topics and many, many others in Representing Clients in Mediation: A Guide to Optimal Results. 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
A unique feature of this book is that it is based on extensive research, not just the author’s own views. You’ll get the benefit of insights and advice culled from dozens of interviews with litigators in private practice, inside counsel, mediators, mediation program administrators, and law professors specializing in the field.
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.
Discover for yourself why Prof. John Lande writes, in his Foreword to this book, that it provides “the best approximation of reality of good civil mediation practice in the United States these days.”
Selected Praise from Published Book Reviews
“The current standard reference that all must have … excellent for both the old hand and for the complete novice … an eminently practical how-to-do-it book, and one of uncommon thoroughness … particularly valuable as it instructs the reader on best practices in negotiating … Another feature of the book is that for each issue addressed, the points of view of both veteran mediators and lawyers are provided … Mr. Punnett’s new production is surely the current standard mediation field manual for every litigator.”
--Hon. David B. Torrey, Lex and Verum
“This book is composed of concise step-by-step instructions and advice on every stage of the mediation, from selecting a mediator to closing the deal. Punnett also liberally peppers his work with “sidebars” – entertaining tips and quips from mediators, lawyers, and law professors alike. The final product is a valuable research-based tool which can help practicing litigators optimize their results, or simply inform laypeople about the mediation process.”
--Ramsey County Law Library Blog
“The ABA Section of Litigation published Representing Clients in Mediation to rave reviews. The encomiums were well-deserved as this book provides attorneys and other professionals involved in civil mediation with a how-to and what-not-to-do guide on all aspects of civil mediation from soup to nuts … Despite the depth of analysis provided, the 591-page book is easy to use and digest …It is a must-read for litigants engaged in mediation.”
--Kelso L. Anderson, Litigation News