Representing Clients in Mediation: A Guide to Optimal Results
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Representing Clients in Mediation: A Guide to Optimal Results

Representing Clients in Mediation: A Guide to Optimal Results
Product Code: 5310417
Author: Spencer Punnett
Publication Date: January 2013
ISBN: 978-1-61438-757-2
Page Count: 600
Trim Size: 6 x 9
Sponsoring Entities: Section of Litigation
Topics: Dispute Resolution, Litigation
Format: Book - 5310417
Pricing: $89.95 (Regular)
$76.50 (ABA Member) ABA Members, Log in now to receive this discount!
$71.95 (Section of Dispute Resolution) ABA Members, Log in now to receive this discount!
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About Representing Clients in Mediation: A Guide to Optimal Results

Representing Clients in Mediation is designed for lawyers who need to help their clients mediate legal disputes that typically involve a claim for damages. Two uniquely useful features:

  • It is research based, offering insights and advice culled from interviews with litigators in private practice, inside counsel, mediators, mediation program administrators, and law professors specializing in the field. You will hear their voices throughout these pages, talking about what works and what doesn't. They are joined by the voices of dozens of other mediation players who have written or publicly spoken on the topic, whose advice is also incorporated in the text. You get the benefit of multiple perspectives on the best way to handle various aspects of mediation advocacy.


  • It provides step-by-step advice covering the entire mediation process in sequence from beginning to end. There are many variations in how mediation of legal disputes is carried out in different jurisdictions, forums, and practice areas. Even so, there are wide areas of agreement among experienced mediation players - including those whose perspectives are reflected in these pages - as to how to get the best results. If you follow the 12 steps outlined in this insightful book, you can feel confident that you have cost-effectively done all you can to ensure the best possible outcome for your client.

Another helpful feature of this book is that every chapter includes a variety of "sidebars" - standalone pieces ranging from instructive anecdotes to direct me-to-you advice on specific mediation topics. Some examples: "Johnathan C. Bolton's Bad First Time" . . . "Why Jay Cohen Reads Tom's Mediation Brief First" . . . "What Maralee Eriksen Learned From Watching 40 Mediated Settlement Conferences" . . . "How Parties Can (Mis)communicate Through Numbers" . . . and many more.

Comprehensive and detailed - yet plain spoken and extremely readable - Representing Clients in Mediation is what law professor John Lande calls "the best approximation of reality of good civil mediation practice in the United States these days."
Praise for Representing Clients in Mediation: A Guide to Optimal Results

"The current standard reference that all must have...Excellent for both the old hand and for the complete novice...An eminently practical how-to-do-it book, and one of uncommon thoroughness...Particularly valuable as it instructs the reader on best practices in negotiating."

--Hon. David Torrey, President of the National Association of Workers Compensation Judiciary and Adjunct Professor of Law, University of Pittsburgh School of Law. (Link to full review: January 2014 Lex and Verum

"Representing Clients in Mediation is an important book that should be read by practicing attorneys, law students, scholars, and policy makers interested in modern mediation practice in the United States. . . . [E]ven veteran lawyers who have represented clients in many mediations will learn practical lessons from this clearly written book.

"In my opinion, Representing Clients in Mediation presents the best approximation of reality of good civil mediation practice in the United States these days."

--From the Foreword by Prof. John Lande, Isidor Loeb Professor of Law and former director of the LLM Program in Dispute Resolution, University of Missouri, and author of Lawyering with Planned Early Negotiation.

"The substance is great. This is very comprehensive and very useful. The sections I read last night confirmed lessons I had to learn the hard way, and give me insight into how to avoid some mistakes I have made in the past.

"The book is also extraordinarily well structured. It has broken things down into very logical and easily comprehensible bites. This will enable a reader new to the topic to cover a lot of ground and absorb a lot of information - it overcomes the 'drinking through a fire hose' problem that many comprehensive books present. This organization also allows someone who has done some mediations to easily skim to an area of interest and pick up some real gems. The sidebars in particular made for good reading - they were practical 'war stories' that demonstrate the points in the text, provided different perspectives, and were fun to read.

"Finally, this is an extremely easy book to read, and not because it is covering simple material. To the contrary, this work provides an analysis and synthesis of a large number of complex legal, rhetorical and emotional topics. Yet all of the author's thoughts and observations come through loud and clear.

"This is an amazing work. It will help me and many others be better lawyers."

--John B. Isbister, Tydings & Rosenberg LLP (Baltimore, MD), Publications Officer, ABA Section of Litigation

"This book is composed of concise step-by-step instructions and advice on every stage of the mediation, from selecting a mediator to closing the deal. Punnett also liberally peppers his work with "sidebars" - entertaining tips and quips from mediators, lawyers, and law professors alike. The final product is a valuable research-based tool which can help practicing litigators optimize their results, or simply inform laypeople about the mediation process."

--Ramsey County (MN) Law Library Blog
More Information

Introduction - The Big Picture PDF
About the Author PDF
Bios of Interview Participants PDF


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