can lead to better settlements—and achieving better settlements mean greater satisfaction for your clients and a thriving law practice for you! The Mediation Handbook: Effective Strategies for Litigators, Revised Edition
, by mediator
r, and dispute resolution counsel O. Russel Murray
, will teach you the skills you need to prepare for and engage in an effective mediation process
You will learn how to reach optimal solutions to even the most complicated, multi-party disputes by:
- preparing yourself and your clients for mediation,
- evaluating your litigation case and comparing it with your settlement options,
- drafting a mediation plan,
- and selecting the right mediator for your case.
And learn how to put your mediation plan to work during the mediation session, using the author’s step-by-step approach.
This book also explores tactics for dealing with problems along the way, including oppositional positional opponents, ethical issues, and the use of specially trained dispute resolution or “settlement” counsel. An entire chapter is devoted to getting past impasse, with a description of eight unique strategies for moving the parties forward. Other ADR
processes are discussed, with the benefits and shortcomings of each. The book also includes an introduction to game theory, as it applies to mediation. John Nash, of "A Beautiful Mind" fame, won a Nobel Prize for his work in game theory, which provides valuable insights into negotiation and mediation strategy.This Revised Edition
updates information in the first edition and also adds two completely new chapters: Chapter 5, a case study on a successful but sub-optimal settlement of a complex design and build construction case, and Chapter 6, which provides a method for improving results in personal injury and other “money-only” cases through use of classical argumentation to negotiate better outcomes.