This text is a masterly examination of how to handle and conduct mediation effectively in today's complex business world. Beginning with the basics, it explains what mediation is, the rationale behind it and how it differs from traditional types of litigation. It then takes you step-by-step through the intricacies of the mediation process, providing practical tips and interesting anecdotes to guide you along the way.
Written in a clear, straightforward style, Mediating Commercial Disputes
- What mediators do to facilitate mediation and why they do it
- What the roles and responsibilities of each party are, including the mediator, lawyer and participants
- The practical solutions you need to resolve the thorny problems which arise in practice, such as what to do when someone walks out of a session or the lawyer just refuses to settle
- The various styles of mediation adopted by negotiators and the advantage of combining other styles while avoiding their pitfalls
- When to end mediation
Every chapter features:
- Actual case examples entitled "It Happened at Mediation"
- Practical "Tips for Lawyers" and "Tips for Mediators" which give specific advice on how to approach some seemingly unresolvable issues