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Representing Clients in Mediation


ISBN: 978-1-61438-757-2
Product Code:5310417
2013, 600 pages, 6 x 9
Section of Litigation

Representing Clients in Mediation: A Guide to Optimal Results is designed for lawyers of all experience levels who need to help their clients mediate legal disputes that typically involve a claim for damages. It has been praised as “the current standard reference that all must have” (Hon. David B. Torrey, writing in Lex and Verum).

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Item Details:
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...
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Product Reviews 5 out of 5  (2 Reviews)
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Roy J Baroff May 29, 2014 Report Abuse
I used this book when teaching an ADR Representation Class at Elon School of Law in North Carolina in Fall 2013. The course was focused primarily on mediation and arbitration. I had two sections of 12 students who completed 4 mediation simulations with practicing mediators. Students got to play both attorney and client roles. Overall the book worked quite well. I've been in the dispute resolution field for 30+ years and have been teaching mediation related courses and conducted mediation trainings for many years. I chose this book because it offered many ideas, both the author’s, and those of other practitioners, on how to handle representation. The differing views provided many opportunities to analyze and discuss how to best handle a given situation. And, given that the subject matter is process, I find when teaching, that it’s about helping students learn how to think about the issues as opposed to presenting material that is the "answer" to how to represent folks. Thus, the book was an excellent fit. The student feedback was also positive; although one student felt he could not relate to some of the practitioner ideas and I think this was because of a lack of experience on his part. Finally, I selected this book because I felt that students could also use it in the future as a reference when they get into practice.
John B Isbister May 27, 2014 Report Abuse
The substance is great. This is very comprehensive and very useful. The sections I read last night confirmed lessons I had to learn the hard way, and give me insight into how to avoid some mistakes I have made in the past. The book is also extraordinarily well structured. It has broken things down into very logical and easily comprehensible bites. This will enable a reader new to the topic to cover a lot of ground and absorb a lot of information—it overcomes the 'drinking through a fire hose' problem that many comprehensive books present. This organization also allows someone who has done some mediations to easily skim to an area of interest and pick up some real gems. The sidebars in particular made for good reading—they were practical ‘war stories’ that demonstrate the points in the text, provided different perspectives, and were fun to read. Finally, this is an extremely easy book to read, and not because it is covering simple material. To the contrary, his work provides an analysis and synthesis of a large number of complex legal, rhetorical and emotional topics. Yet all of the author’s thoughts and observations come through loud and clear. This is an amazing work. It will help me and many others be better lawyers.
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