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The Mediator's Handbook

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Regarded as a practical and usable guide for the classroom and the conference room, The Mediator's Handbook, Second Edition, covers the topic of mediation with unrivaled diligence and clarity. The approach is outlined systematically:

•  The basics of mediation
•  Communication skills
•  Pre-conference, conference and post-conference duties
•  Hybrid and non-mediation processes

The Mediator's Handbook is used by practitioners, educators, and non-lawyer mediators alike because the book views mediation from an advanced level, but presents the issues in a usable format.

Reviews

"John Cooley combines sound theory with his depth of experience as a mediator and teacher to provide a very practical and usable guide. This is a second generation handbook from which every mediator can benefit."

       — Stephen B. Goldberg, Northwestern University School of Law

Authors / Contributors

Table of Contents

Table of Contents

Preface

Acknowledgments of John W. Cooley

About the Author


Chapter One General Description of the Mediation Process

1.1 Overview of the Mediation Process

1.2 The Role, Authority, and Style of the Mediator

1.3 The Role of Advocate in Mediation

1.4 The Role of Parties in Mediation

1.5 Mediator and Advocate Ethics

1.6 Handling Recurrent Ethical Issues

Chapter Two The Mediator as an Effective Communicator

2.1 Effective Communication—General

2.2 Effective Listening

2.3 Effective Processing of Sensed Body Language

2.4 Effective Reading

2.5 Effective Questioning

2.6 Effective Speaking

2.7 Effective Use of Body Language

2.8 Effective Writing and Using Visual Symbols

Chapter Three The Mediator's Preconference Functions and Duties

THE INITIATION AND PREPARATION STAGES


3.1 Initiation of Mediation

3.2 Conducting the Premediation Meeting or Caucus

3.3 Preparing for the Mediation Session

3.4 Preparing for Complex Mediations

Chapter Four The Mediator's Conference Functions and Duties

THE INTRODUCTION STAGE


4.1 Mediator's Opening Statement

THE PROBLEM STATEMENT STAGE

4.2 Parties' Opening Statements

4.3 Mediator's Conduct of Joint Session

THE PROBLEM CLARIFICATION STAGE

4.4 Initial Caucusing

THE GENERATION AND EVALUATION OF ALTERNATIVES STAGE

4.5 Restructural Caucusing

THE SELECTION OF ALTERNATIVES STAGE

4.6 Decisional Caucusing

THE AGREEMENT STAGE

4.7 Concluding the Mediation Session

Chapter Five The Mediator's Post-Conference Functions and Duties

5.1 Facilitating Continuing Negotiations

5.2 Assisting in Drafting the Settlement Agreement

5.3 Enforcing the Settlement Agreement

Chapter Six Description of the Hybrid Processes

6.1 High-low Arbitration

6.2 Baseball Arbitration

6.3 Fact-finding

6.4 Summary Jury Trial

6.5 Mini-trial

6.6 Simulated Juries

6.7 Special Masters

6.8 Early Neutral Evaluation

6.9 Expert Panels

6.10 Hybrid ADR Process Selection Chart

Chapter Seven Conducting and Effective Cybermediation

7.1 Basic definitions

7.2 Comparison of Face-to-Face, Telephone, and Written Communication in Mediation

7.3 Benefits and Limitations of Cybermediation

7.4 Ethics of Cybermediation

7.5 Gathering Relevant Internet Information

7.6 Cybermediation Protocols

7.7 The Mediator's Post-Cybermediation Function and Duties


Epilogue

Appendices


A. Mediator's Premediation Checklist

B. Mediator's In-Conference Checklist

C. Mediator's Post-Mediation Checklist

D. Dispute Characteristics Inventory Form

E. Sample JAMS Mediation Agreement and Confidentiality Agreement

F. Commercial Mediation and International Mediation Procedures and Rules

G. Sample Mediator Opening Statements

H. Model Standards of Conduct for Mediators

I. Rule 2.4, ABA Model Rules of Professional Conduct, "Lawyer Serving as Third Party Neutral"

J. Selected ABA Rules of Professional Conduct

K. American Bar Association Section of Litigation's Civility Guidelines

L. Uniform Mediation Act

M. Sample Application of Decision Tree Analysis in a Commercial Case