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