Mediation Representation: Advocating as a Problem-Solver in any Country or Culture - Softcover

Harold I. Abramson

Softcover

ISBN 10: 1601561083 ISBN 13: 9781601561084

Publisher: National Institute for Trial Advocacy (NITA), 2010

Synopsis

Learn the Mediation Representation Triangle to negotiate as a problem-solver, enlist mediator assistance, and develop a mediation representation plan that meets your client s interests, overcomes impediments, and shares information judiciously.
In the second edition of his award-winning book, Hal Abramson expands his lucid and nuanced framework for effective problem-solving advocacy in mediation to answer questions like: How to select the right mediator? How do you prepare your case and client for mediation? And, what to do as the mediation unfolds?
Abramson begins by examining how to be an effective negotiator in mediation and mediation stages, opening statements, joint sessions and caucuses, and various mediator approaches and techniques. He then covers advising clients about the mediation option, negotiating an agreement to mediate, preparing cases and clients for the mediation session, and appearing in pre-mediation conferences, mediation sessions, and post-sessions. He also presents alternative processes for resolving issues not settled in mediation. This second edition introduces new material on resolving moneyed disputes, dealing with emotions, sharing information, interviewing mediators and their references, choosing between joint sessions and caucuses, generating movement, proactively enlisting the mediator, searching for creative solutions, and navigating legal issues when drafting agreements. It also includes new approaches to assessing and preparing opening statements and refines the critical techniques for bridging any final gap. The second edition further provides a culturally neutral framework that is integrated throughout the book to help you represent clients in mediations between parties from different countries or with different cultural upbringings including preparing you to identify culturally shaped interests and overcome culturally shaped impediments. More than twenty appendixes cover decision-trees, sample agreements, sample opening statements, selective mediation rules, and more. New extensive appendixes on effective listening, questioning, and cultural differences complete the book.

About this title

About the Author

Harold I. Abramson is a Professor of Law at Touro Law Center in New York, and is an experienced commercial mediator. He has published extensively, lectured widely, and conducted numerous training programs domestically and abroad on domestic and international mediation, public policy negotiations, alternative methods for resolving disputes, and representing clients in mediations.

Review

After teaching law students for five years with the first edition at both Fordham in NYC and Trinity College in Dublin I found Mediation Representation to be the premier book of its kind for teaching effective methods of zealous advocacy in mediation s collaborative problem solving process. And the second edition is even better. --John Madden, Law Faculty, Trinity College, Dublin and Managing Director, Madden Mediation and Arbitration, NYC

In his award-winning book, Abramson makes the theory and practice of mediation as a problem-solver accessible to attorneys more used to thinking like gladiators than diplomats. He answers many essential questions with this classic for anyone wanting mediation to result in a win for both their client and the other side. --Professor Lela Love, Director of Kukin Program for Conflict Resolution, Cardozo Law School, and former Chair of ABA Section of Dispute Resolution

The first edition of this groundbreaking book put mediation advocacy on the map, including here in Europe. With its broadened scope, this new edition is must-read for everybody who is seriously involved in representing others in mediation. --Manon Schonewille, Mediator and Trainer, The Netherlands, Author of Toolkit: Mediation Advocacy (2007) and Co-Chair of the ABA Dispute Resolution Section s International Committee

Edition details

• Publisher: National Institute for Trial Advocacy (NITA)
• Publication date: 2010
• ISBN 10: 1601561083
• ISBN 13: 9781601561084
• Binding: Perfect Paperback
• Language: English
• Edition number: 2
• Number of pages: 526