Mediation: A Practical Guide for Lawyers (2ed)

Useful information, practical tips and case studies to help you put mediation into your legal practice.

‘Marjorie Mantle’s latest book will be an excellent acquisition both for lawyers with mediation experience and those new to mediation. This practical guide brings the subject to life. Her “dialogues” and “rants” are a funny and effective way of explaining what happens at mediation.’  Rachel Grant, Brodies LLP.

This handbook gives legal practitioners, students and new mediators practical guidance on the mediation process. Drawing on her experience as a mediator, academic and businessperson, Marjorie Mantle takes a down-to-earth approach to mediation, pointing out the pitfalls as well as the benefits.

Useful checklists include:

Choosing a mediator, preparing for mediation, assessing mediator performance and assessing your own performance

Flow-charts guide you through the options and processes

Includes a helpful section on responding to client queries about mediation.

Contents:

Table of Cases and Legislation

Introduction

1. What is Mediation?

2. Key Principles

3. Mediation in Practice

4. ‘Selling’ Mediation

5. Choosing a Mediator

6. Role of the Legal Practitioner

7. Mix ’n’ Match

Appendices

1. Online dispute resolution

2. Documentation

3. Sample Contract for Services

4. Sample Costs, Terms and Conditions

5. Sample Agreement to Mediate

6. Sample Settlement Agreement and Joint Minute

7. Checklist for choosing a mediator

8. Checklist for preparation

9. Assessing mediator performance

10. Checklist for assessing mediator performance

11. Assessing your own performance

12. Client profiles and predicting the future

13. Confidentiality and Privilege

14. Dispute resolution clauses

15. Extra people at the meeting

16. Our multicultural society and mediation

17. Styles of mediation

18. Historical background to mediation

19. European Code of Conduct for Mediators

20. Case Studies

21. Useful references, by subject area

22. Index