Mediating Legal Disputes : Effective Techniques to Resolve Cases, Second Edition / Dwight Golann.

Format:

Book

Author/Creator:

Golann, Dwight, author.

Language:

English

Subjects (All):

Arbitration and award.

Arbitration and award--United States.

Commercial law.

Mediation.

Physical Description:

1 online resource (304 pages)

Edition:

2;2023-12.

Place of Publication:

Cleveland : American Bar Association, 2023.

Chicago, Illinois : American Bar Association, [2021]

Summary:

"This book explains how to mediate legal disputes-cases serious enough for parties to hire lawyers to represent them-and describes the techniques you can use to resolve them"-- Provided by publisher.

Contents:

Intro

Title Page

Copyright Page

Dedication

Contents

About the Contributors

Introduction

Video Resources

Part I : An Overview of the Process

Chapter 1 : A Basic Strategy

1. Build a Foundation for Success

2. Allow Participants to Argue and Express Feelings

3. Gather and Exchange Information

4. Moderate the Bargaining

5. Seek Out and Address Hidden Concerns

6. Test the Parties' Alternatives and, If Necessary, Evaluate the Adjudication Option

7. Overcome Bargaining Impasses

Summary of Key Points

Chapter 2 : The Stages of Mediation

1. Pre-Mediation Contacts

2. The Opening Session

3. Private Caucuses

4. Mediating over the Internet

Part II : In the Process: More Complex Techniques

Chapter 3 : Preparing for Mediation

1. First Contacts

2. Administrative Steps

3. Private Conversations

4. Inadequate Authority or Missing Players

5. Early Bargaining Problems

Administrative Checklist

Chapter 4 : Information Exchange and Analysis

1. Model Good Bargaining

2. Address Gaps in Information

3. Help Parties Analyze Their Litigation Alternative

Chapter 5 : Positional Bargaining

1. Manage First Offers

2. Support the Process

3. Address Special Problems

Chapter 6 : Interest-Based Bargaining and Other Process Issues

1. Promoting Interest-Based Bargaining

2. Clashes of Style or Tactics

3. Inconsistent Interests

Chapter 7 : Strong Emotions and Cognitive Forces, Helaine Scarlett and Dwight Golann

1. Strong Emotions

2. Moral and Symbolic Issues

3. Concerns about Precedent or Reputation

4. Cognitive Forces

Chapter 8 : Evaluation, Dwight Golann and Marjorie Corman Aaron.

1. Is It Good Practice to Evaluate?

2. Reality Testing versus Evaluation

3. Benefits and Dangers

4. Whether and When to Evaluate

5. Structuring the Evaluation

6. Delivering the Evaluation

7. After Evaluating

Chapter 9 : Resolving Impasse and Closure

1. Tactics at Impasse

2. Managing Settlements

3. Dealing with a Final Impasse

Chapter 10 : Legal and Ethical Issues

1. The Law of Mediation

2. Mediator Liability

3. Mediating Ethically

Part III : Specialized Topics

Chapter 11 : Decision Analysis, Marjorie Corman Aaron and Dwight Golann

1. Why work with decision analysis in mediation?

2. Two formats: scratch pads and tree structure

3. A note on that final, calculated number-"discounted case value"

4. The analysis is only as good as the data

5. The method's central value is in revealing the cumulative impact of risk

6. Dealing with complex realities: multiple verdicts

7. The tree format may be preferable for representing the complexities of reality

8. Sensitivity analysis

9. Decision analysis can facilitate more thoughtful evaluation by participants

10. Using decision analysis for mediator evaluation

11. Choices in logistics and process for calculation

12. The chances of that happening are . . .

13. The method as mediator between mediator, parties, and decision

Chapter 12 : Employment Disputes, Carol A. Wittenberg, Susan T. Mackenzie, and Margaret L. Shaw

1. Special Issues

2. Challenges for the Mediator

3. Preparing for Mediation

4. Combining Mediation with Other ADR Procedures

5. A Case Example: Wrongful Termination and Race Discrimination

Chapter 13 : Intellectual Property Disputes, David A. Allgeyer

1. The Nature of IP Disputes

2. Who Should Mediate IP Disputes?.

3. When Should IP Disputes Be Mediated?

4. Preparing for Success at Mediation

5. At the Mediation

6. Documenting the Settlement

Chapter 14 : Insured Claims and Other Monetary Disputes, J. Anderson Little

1. Important Features in the Mediation of Insured Claims

2. A Working Model for Mediation

3. Developing a Variety of Mediation Models

Chapter 15 : Environmental Contamination Disputes, Carmin C. Reiss

1. Characteristics of Environmental Contamination Disputes

2. Common Obstacles to Settlement in Environmental Contamination Disputes

Chapter 16 : Why Mediation of Mega-Cases Is Different, Eric D. Green

1. Facilitating Roles: United States et al. v. Microsoft

2. The Importance of Timing: Enron/Arthur Andersen

3. Judicial-Mediator Cooperation: MasterCard/Visa

4. Science and Mediation: Toms River

5. The Evolving Role of the Judge in Complex Mediation

Index.

Notes:

Includes index.

Description based on print version record.

Other Format:

Print version: Golann, Dwight Mediating Legal Disputes

ISBN:

1-64105-914-1