Anatomy of a Mediation: A Dealmaker\"s Distinctive Approach to Resolving Dollar Disputes and Other Commercial Conflicts

Price 17.24 - 24.95 USD

EAN/UPC/ISBN Code 9781402418570


For his tenth book, James C. Freund has crossed over from a lifetime of negotiating M&A and other business deals to tackle the equally demanding task a mediator confronts in resolving disputes. Jim has been honing his mediator"s craft over the past two decades, with particular emphasis on the toughest of all cases to settle -- the classic zero sum game of a sizeable one-shot dollar dispute over hotly contested issues between sophisticated, well-represented parties. Freund"s problem-solving approach -- rooted in his transactional experience and dealmaking mentality is distinctive and has proved its effectiveness on a regular basis. In Anatomy of a Mediation, Jim describes his technique in detail and takes the reader step-by-step through its application in resolving four expansive hypothetical situations, each focusing on a different type of dispute -- such as a case involving multiple parties and another with significant deal elements and forward-looking considerations. You"ll learn: How to convert that super-charged emotional interplay between adversaries into lower-pressure but more constructive bargaining. Why, in dollar disputes, Jim rarely adopts the usual method of carrying offers and counters back and forth, in order to conduct confidential negotiations with each party to arrive at a common resolution level. How the mediator recognizes and goes about dealing with the most pervasive deal-killers certain parties present -- indifference to achieving compromise and a lack of reality in appraising the situation. What"s crucial when you represent a party -- including the need to educate your client that what a successful mediation produces is often less of a win-win result and more of a mutually satisfactory outcome that"s at least preferable to ongoing litigation. How an unabashedly evaluative mediator goes about his work -- generating real movement from a standing start, prodding the parties toward a feasible settlement, and if that proves unavailing, then persuading the parties to come to terms on the basis of the mediator"s proposed resolution of the dispute.