The Mediator's Handbook: Advanced Practice Guide for Civil Litigation

Because of mediation's widespread use, mediator skills have been elevated to the group of core skills needed by all law professionals. In this book, John W. Cooley stresses that mediator skills training involves more than simply teaching techniques for resolving disputes. Skills training should also address essential lawyering attributes that carry over into every aspect of the practice of law, such as competent service, leadership, professionalism, and civility. Cooley presents an invaluable handbook that encompasses a broad range of practical and theoretical issues covering all stages of mediation. The Mediator's Handbook compiles in one volume all the information needed by mediators who serve in a wide variety of litigation or litigation-related disputes.

From the preliminary stage of mediation to the mediation session or conference, to post-conference duties, The Mediator's Handbook provides a full range of features geared to assist the mediator in systematically performing his or her duties competently and efficiently.

Chapter One contains basic information regarding the nature of mediation, including a description of the stages and types, as well as the benefits and limitations. It also defines the role, authority, and ethics requirements of the mediator.

Chapter Two provides a comprehensive description of the types of communication skills that the mediator needs to perform his or her functions effectively.

Chapter Three describes the mediator's preconference functions and duties, such as how to choose a co-mediator, how to plan and conduct a preliminary caucus or joint meeting, and the specific steps to follow in preparing for the mediation session. This chapter also provides useful suggestions on preparing for several types of complex mediation.

Chapter Four focuses on the mediator's conference functions and duties. In addition to setting forth comprehensive, step-by-step guidance for delivering a mediator's opening statement, Cooley describes how to conduct the joint session, initial caucuses, restructural caucuses, and decisional caucuses. This chapter also describes the distinctions between the mediator's function in facilitative, evaluative, and transformative mediation processes.

Chapter Five addresses the mediator's post-conference functions and duties and Chapter Six describes the hybrid, non-mediational processes. The appendices contain checklists to ensure that the mediator does not forget to take key actions at critical stages of the mediation process and also contain sample mediation forms, rules, ethics, and civility guidelines.

Although written for experienced mediators of litigated disputes, this book is also of interest to the novice mediator who has conducted a few supervised mediations and now wants to attempt a more complex dispute settling. The Mediator's Handbook also contains valuable information for non-lawyer mediators such as counselors, psychotherapists, financial and estate planners, and accountants who are commonly involved in domestic law disputes, particularly in divorce mediation.

John W. Cooley is a former U.S. magistrate, assistant U.S. attorney, senior staff attorney for the United States Court of Appeals for the Seventh Circuit, and a partner in a Chicago law firm. He is a past chairman of the Chicago Bar Association's Arbitration and ADR Committee, and he currently serves on the board of the Chicago Chapter of the Society of Professionals in Dispute Resolution. In private practice in the Chicago area, he serves on the judicial panel of J.A.M.S/ENDISPUTE as a mediator, arbitrator, ADR trainer, and consultant in the design of dispute resolution systems. Cooley is an associate of the Dispute Resolution Research Center, Kellogg Graduate School of Management, Northwestern.