1 OVERVIEW1.1 Introduction1.2 Who are the representatives?1.3 What is the representative's role?2 WHEN AND HOW TO USE MEDIATION2.1 Introduction2.2 Alternative dispute resolution2.3 How is mediation different?2.4 Does mediation really work?2.
5 What the client can expect from mediation2.6 What are the advantages for the clients?2.7 Uses of mediation2.8 Other ways of using mediation2.9 Timing of the mediation2.10 Conclusion3 PERSUASION AND COMPULSION3.1 Introduction3.2 Mediation theory3.
3 Mediation practice3.4 Halsey and refusal of mediation3.5 Responding to a Halsey letter to say no3.6 Contractual obligations to mediate3.7 Can I leave a mediation?3.8 Conclusion4 CONFIDENTIALITY AND LIABILITY4.1 Introduction4.2 Without prejudice rule4.
3 Getting past the without prejudice rule4.4 Is there mediation privilege?4.5 Mediation confidentiality agreements4.6 Settlement agreements4.7 Protection of the mediator4.8 Proceeds of Crime Act 20024.9 EU mediation and the Directive4.10 Liability of the mediator4.
11 Professional adviser liability4.12 Conclusion5 MEDIATOR SELECTION5.1 Introduction5.2 Where to look for a mediator5.3 Essential questions to ask about a mediator5.4 Mediator qualifications5.5 Complaints and conduct5.6 Mediation style and method5.
7 Mediator fees5.8 Who do I choose?5.9 Arguing about the mediator5.10 Mediation agreement5.11 Venue selection5.12 Conclusion6 PHYSICAL PREPARATION - POSITION PAPERS AND BUNDLES6.1 Introduction6.2 Is a position paper essential?6.
3 Do you need a mediation bundle?6.4 Less is more6.5 Conclusion7 MENTAL PREPARATION I - PRE-MEDIATION ANALYSIS AND MEDIATION STRATEGY7.1 Introduction7.2 Rebalancing7.3 Purpose and preparation7.4 Do lawyers really want to settle?7.5 What mediation expects from the client7.
6 Four topics that must be considered7.7 Mediation strategy - know your settlement7.8 BATNAs and WATNAs7.9 Pre-mediation analysis7.10 Know your client7.11 Know yourself - cognitive biases, heuristics and flaws7.12 Conclusion8 MENTAL PREPARATION II - NEGOTIATION TACTICS8.1 Introduction8.
2 Negotiation - practice v theory8.3 Three things that always crop up - money, deal breakers and the unexpected8.4 Negotiation tactics8.5 Offers and the party's role8.6 Finding the deal zone8.7 Conclusion9 MEDIATION DAY9.1 Introduction9.2 Mediation stages and timetable10 MEDIATION REPRESENTATION10.
1 Introduction10.2 Can clients represent themselves?10.3 Who should represent the client?10.4 Does a representative need to be legally qualified?10.5 Key requirements of a representative10.6 Three roles of a representative10.7 Making peace is a co-operative process10.8 Three-stage process10.
9 Conclusion11 AT THE END11.1 Introduction11.2 Settlement agreements11.3 Drafting the agreement11.4 What happens if the parties cannot agree?11.5 Costs11.6 After settlement11.7 Conclusion12 CONCLUSION - NEW TRENDS OLD PROBLEMS12.
2 Emerging trends12.3 New approaches12.4 Old problems12.5 Key takeaways from this bookAPPENDICES1 Mediation - Frequently Asked Questions2 Mediation Preparation Guidance Notes3 Preparing the Position Statement4 Confidential Checklist5 Further Reading6 Model Mediation Clause7 Precedent - Halsey Letter Proposing Mediation8 Precedent - Response to Halsey Mediation Letter9 Precedent - Response to Halsey Mediation Letter Based on TimeIndex.