Return to Book Page. Kathy Kelly. Get A Copy. Paperback , pages. Published April 28th by Bna Books first published More Details Original Title. Friend Reviews. To see what your friends thought of this book, please sign up. To ask other readers questions about The Anatomy of Mediation , please sign up. Be the first to ask a question about The Anatomy of Mediation. Lists with This Book. This book is not yet featured on Listopia.
Add this book to your favorite list ». Community Reviews. They systematically show how the mediator 1 improves his or her effectiveness as confidant and persuader; 2 identifies the sources of conflict; 3 resolves the conflict; and 4 completes the deal. Not only is their treatment full of Use this link to get back to this page.
Author: Eileen B. Date: Jan. Publisher: Sage Publications, Inc. Document Type: Book review. Be direct, concise, and clear. When the opposing party or counsel has completed their presentation, ask open-ended questions to clarify any matters.
Communicate to the other side that you understand their interests. There is a difference between understanding and agreeing. If you can articulate their perspective and do so in their presence , you are closer to achieving a meaningful settlement.
It is a cathartic experience to relate your story to the other side without filters or interruptions. Opening presentations are rarely waived. In some cases, where the emotional well being of the client demands or where an incendiary comment may torpedo the resolution process, the mediation may begin in private sessions called caucuses.
The mediator will use these sessions to create momentum toward settlement by refocusing the parties on: previous areas of agreement, their underlying interests, the underlying interests of the other party, option analysis, risk analysis and transmittal of reasonable proposals. The mediator may give you assignments to work on between caucuses. You may be asked to explore the risk analysis in further detail and generate additional options for settlement that have not yet been proposed to the other side.
As the caucus sessions continue, the mediator will build the momentum and assist in clarifying the common ground. Sometimes, the mediator will recommend a joint session to hammer out details. The mediator may recall the parties to the joint session format if they have been in caucus to summarize essential terms of the agreement.
While not always practical, it would be great if the final settlement documents can be executed at the conclusion of the mediation. Sometimes a memorandum of understanding is used to establish the framework for the final papers.
Let the mediator stay involved until completion. Mediation is here to stay. More and more negotiators and advocates recognize the special role that a mediator can play to bridge differences and bring about solutions. As confidante to both sides, the mediator stands in a unique position to assess the likelihood of settlement, and as facilitator of negotiations, the mediator can do more than the parties may be comfortable doing on their own.
Mediation works! Effective advocates make the process their own. JEFF Abrams is a nationally recognized mediators and trainers. He have has actively mediating since Jeff was a pioneer in the ADR movement in Texas. He co-founded and then sold a highly successful mediation business in Dallas, TX , a training company in Portland, OR and is now with the National Institute for Mediation and Training. He has successfully mediated over a thousand cases since He acts as advisor on dispute resolution systems design for courts, securities organizations, governmental agencies, private and public corporations.
He a published a highly acclaimed mediation training manual and several articles on mediation practice and mediation advocacy. Jeff is widely recognized as experts in mediation training, and has been a principal trainer for the NASDR in New York City and for numerous other corporations, governmental agencies and institutions. Send email to Jeff Abrams, Esq. Anatomy of a Mediation by Jeff Abrams Esq.
Pre-Mediation Selecting a mediator with the right process skills is an important step. Preparation Is Key Spend time analyzing the case from different perspectives using the following suggested outline. A good advocate can argue both sides! Describe the strengths and weaknesses of your case. Do not pull any punches. Identify the interests, expressed and unexpressed, of the other party. Review the alternatives to reaching an agreement i. Ask yourself: What is the likely outcome assess some numerical probability?
What are the expected fees and costs and the value of lost opportunity time? How long must they wait until final disposition? Are there any unresolved procedural matters that would be dispositive of the case? If so, how does this impact your desire or willingness to settle? What is the relationship between the parties? Has there been any past or current business dealing? Is there any desire for a future relationship?
Can anything be done to improve or preserve the relationship? What is the relationship between the advocates? Can anything be done to improve that relationship?
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