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Making Money Talk: How to Mediate Insured Claims and Other Monetary Disputes |
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Learn how to deal with the peculiar problems of traditional bargaining through proven models and techniques that will help you to: - Gain a better understanding of the dynamics of money negotiations
- Identify the recurring problems presented in those cases
- Acquaint and arm yourself with new tools to handle those challenges
- Build a model of the mediation process that will serve as a roadmap when traditional bargaining is unavoidable
- Assist the parties in traditional bargaining in a facilitative, rather than a directive way
The book also includes an appendix comprised of proposals and counter proposals made by Plaintiffs and Defendants in over one hundred court-ordered mediations in the superior courts in North Carolina. The charts provide the reader with a sense of the difficulty in settling a case through traditional bargaining, and the frequency of settlement even when the parties' initial positions are far apart and movement is slow to materialize.
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J. Anderson Little, an eminently qualified litigator and mediator, has produced a most insightful and useful book, that fills a great void in the current mediation literature. It explores, in great depth, the dynamics of traditional bargaining about money in the context of the mediation of commercial cases. He offers creative ways to respond to advocates' statements that are very common in mediation such as, "They're just not here in good faith;" It's not the money, it's the principle;" "I'm not going to bid against myself;" "We're not going to pay a dime more than the other companies" -- and twenty-one more. This book is a gold mine of helpful tips for mediators and advocates alike. It should be a part of every lawyer's practice-skills library.
--- John W. (Jack) Cooley, JAMS Panelist, Chicago, IL
This book is a gift to both new and experienced mediators. It is profoundly practical in providing instruction on how to successfully mediate claims for money where the case is about numbers rather than relationships. This is not a book of theory, it is a guide of what to do and say as a mediator to move traditional law suit bargaining toward settlement. Andy Little has the mediation experience to discern patterns of movement that those who have not yet had thousands of cases would not know and he has the clarity of thought and writing to explain what the rest of us need to know.
--- Jay Folberg, Professor Emeritus, University of San Francisco School of Law
Making Money Talk is a valuable contribution to the conflict field. Andy Little correctly identifies the weakness in traditional needs based mediation for quite a wide variety of cases, yet shows how the basic value of a facilitative, client centered, process oriented, communication focused approach is still essential to money cases. Plus Making Money Talk is very well written and presented -- it's a pleasure to read.
--- Bernie Mayer, Professor, Werner Institute for Negotiation and Dispute Resolution, Creighton University, Omaha, NE
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