Basic Skills for the New Mediator, Second Edition [Paperback]

This book provides a detailed overview of mediation, from the premediation conference through all stages of the mediation session. It guides the new mediator through the mediation process by answering the one hundred questions most frequently asked by new mediators. The book has been used successfully for self-instruction and as a training manual. Experienced mediators and attorneys who represent clients in mediation will also find this book extremely useful. The Appendix 'Everything You Never Wanted to Know About the Rules of Evidence' is especially valuable for the non-attorney mediator, who must often deal with the evidentiary vocabulary of the legal profession. You will learn to establish your authority as a mediator, schedule the mediation session, deliver the mediator's opening statement, prioritise issues, preside during joint sessions, conduct private caucuses, overcome impasses, identify 'hidden agenda' and 'throwaway' items, deal with parties who lack settlement authority, and aid parties to achieve a viable settlement.

I wrote Basic Skills for the New Mediator as a "hands-on" book to be used for self-instruction or as training text. When I began serving as a Mediator more than ten years ago, I could not find any practical instruction material such as this. This book is based upon my extensive mediation experience. --This text refers to an out of print or unavailable edition of this title.

A methodical introduction . . . provides a detailed outline of what to expect, what to plan for, and possible flash points. --This text refers to an out of print or unavailable edition of this title.

Allan H Goodman

Introduction

Mediation is probably the least understood method of alternative dispute resolution. It is often confused with arbitration, and many people use the terms arbitration and mediation interchangeably. The mediation process allows the parties to a dispute to select a neutral individual, known as the mediator, to aid them in reaching settlement. The mediator does not decide a winner or loser, but facilitates discussions between the parties. Compared to litigation and arbitration, mediation is faster and less costly. When mediation is used effectively, even the most difficult issues can be resolved to the satisfaction of the parties, without the time, expense, and emotional toll exacted by other means of dispute resolution. I derive a great deal of satisfaction from acting as a mediator. The mediator may communicate directly and confidentially with the parties, and work together with them to seek a solution. The non-adversarial nature of the process and the parties' willingness to resolve the dispute creates an environment which often leads to a settlement that is satisfactory to all.

I am amazed at the swiftness of mediation and the magnitude of the disputes that are settled. The parties are also surprised at the effectiveness of the process. The extent to which they may have compromised their claims in order to achieve settlement is often justified by the savings in legal fees and other costs which would have been incurred if other methods of dispute resolution had been used.

This book suggests answers to one hundred questions a new mediator might ask concerning the mediation process. The answers are based upon my experience as a mediator, and are solely my opinions. --This text refers to an out of print or unavailable edition of this title.