Mediating Legal Disputes: Effective Strategies for Neutrals and Advocates
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Mediating Legal Disputes: Effective Strategies for Neutrals and Advocates

Mediating Legal Disputes: Effective Strategies for Neutrals and Advocates
Product Code: 5100002
Author: Dwight Golann
Publication Date: December 26, 2008
ISBN: 978-1-60442-303-7
Page Count: 370
Trim Size: 6 x 9 Paperback
Sponsoring Entities: Section of Dispute Resolution
Topics: Commercial Law, Dispute Resolution, Litigation
Format: Book - 5100002
Pricing: $69.95 (Regular)
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$49.95 (Section of Dispute Resolution) ABA Members, Log in now to receive this discount!
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About Mediating Legal Disputes

This book combines theory with intensely practical techniques that the reader can use to resolve difficult legal disputes. It provides dozens of examples, drawn from the author's extensive experience, that bring tactical suggestions to life.

This book will teach you how to:

  • Mediate effectively between hostile lawyers and parties
  • Deal with hard bargaining tactics such as "insulting" offers and reneging
  • Predict litigation outcomes without alienating disputants
  • Use impasse-breaking techniques such as confidential listener, range bargaining, and the mediator's proposal to achieve settlements
  • As a litigator, take advantage of a mediator's special powers to achieve better outcomes for clients
BONUS: This book includes a unique DVD that demonstrates its techniques. You will see experienced mediators conduct an opening session, elicit offers, deliver an evaluation, apply impasse tactics and use other essential skills.
What Others Have Said About Mediating Legal Disputes

"Many books describe the mediation process but few are valuable to the more sophisticated negotiator whether a mediator or advocate. The authors successfully integrate live demonstrations of the tactics with a DVD. This bonus brings the described techniques to life and provides a tool that is useful for people who are responsible for teaching effective mediation advocacy in the workplace" - Deborah Masucci - Vice President, Office of Dispute Resolution, AIU Holdings

"Every mediator will find themselves stymied from time to time, unable, despite their best efforts, to bridge the gap between opposing positions. Mr. Golann's book provides practical, easy-to-use techniques that will assist any mediator in working through those obstacles. It is comprehensive, insightful, and cutting edge, and the icing on the cake is the companion DVD which graphically demonstrates many of the techniques explored in the text. All in all, Mr. Golann's book is a must read for anyone regularly practicing in the field of mediation (and that includes both advocates and neutrals), and is a significant contribution to the growing body of literature on dispute resolution." - Phillip M. Armstrong - Senior Counsel for ADR and Litigation, Georgia Pacific LLC

"Dwight Golann, one of the nation's leading mediators and mediation trainers, has written what may be the definitive practical guide to mediation. Reflecting a nuanced understanding of the mediation process, this artful guide provides highly sophisticated advice for mediators and mediation advocates alike. From exploring interests to analyzing positions, from listening techniques to overcoming psychological barriers to breaking impasse, Golann provides specific techniques and clear examples of how to achieve successful outcomes in mediation." - Bennett G. Picker, Stradley Ronon Stevens & Young, LLP

"This extraordinary guide is particularly special in that it guides "litigators" in the ways they must adapt so that they may be most effective as counselors and advocates for their clients in mediations. The vignettes and accompanying DVD will assist advocates in gaining a better understanding of Mr. Golann's most important lesson--how advocates can make best use of mediation to achieve their clients' interests by "borrowing" mediators' powers. In short, Golann is absolutely right about the "key reason" that effective advocates must not be passive, but should use the mediation process affirmatively and strategically. Studying Dwight's book will empower the advocate to do so." - Steven J. Comen, Goodwin Procter, LLP

Mediating Legal Disputes, throughly and effectively, analyzes mediation from the beginning, even before the opening session, to its conclusion. It dissects each potential problem at the various states of mediation and offers insights as to mediation strategies and tactics. An additional benefit of the book is supplied by nine experts in five specialized fields who offer and discuss their responses to the special challenges that arise in their fields--employment, insurance, intellectual property, environmental and "mega" cases. Mediating Legal Disputes should be a vital part of every trial lawyers library. Anyone who follows its lessons will be more effective in the mediation process, regardless of prior experience." - Charles B. Renfrew, Esq., former Deputy Attorney General of the United States and U.S. District Judge

"Dwight Golann has assembled under one cover the broadest and most practical learning on mediation. This is the most useful, accessible, and comprehensive guide for practitioners of mediation and advocates representing clients in the process. Read it, use it, and settle your case." - Professor Eric Green, co-founder JAMS/Endispute, co-mediator, U.S. v. Microsoft and Enron v. Anderson

More Information

DVD Table of Contents PDF
Book Review PDF


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