Effectively Representing Clients in Family Mediation / Forrest S. Mosten and Elizabeth Potter Scully.

Format:

Book

Author/Creator:

Mosten, Forrest S., 1947- author.

Scully, Elizabeth Potter, author.

Language:

English

Subjects (All):

Family mediation--United States.

Family mediation.

Physical Description:

1 online resource (387 pages)

Edition:

;2023-03.

Place of Publication:

Cleveland : American Bar Association, 2023.

Chicago, Illinois : American Bar Association, [2023]

Summary:

"How to effectively represent and aide a client during mediation"-- Provided by publisher.

Contents:

Intro

Title Page

Copyright

Contents

Acknowledgments

Foreword By David A. Hoffman

About the Authors

CHAPTER 1 Expanding Your Practice by Representing Clients in Mediation

Consumerism

Growth of the Self-Represented Movement

Nonlawyer Providers

Fear of Discontented Clients

Lawyer Bashing, Stress of Law Practice, Resultant Lawyer Malaise

Economic Pressures of Operating a Family Law Practice

Lawyer Benefits of Having Clients Attend Mediation

CHAPTER 2 Family Lawyer as Dispute Resolution Manager

Dispute Resolution Manager as Lawyer of Record

Ethical Duty to Advise about ADR

Rules of Professional Responsibility

Voluntary ADR Pledges

Malpractice Exposure

How to Advise Clients Properly about Alternatives to Litigation

Practice Tips

CHAPTER 3 Mediation Confidentiality

A Core Principle

Confidentiality: A Key Benefit

Sources of Confidentiality Rules

Conflicting Public Policies

Exceptions to Mediation Confidentiality

Settlement Agreements

CHAPTER 4 Representing Clients in Court-Ordered Mediation

Court-Annexed Mediation

Mediation by Court Referral

Malpractice Protection for Court Mediators

The Role of Lawyers in Court Mediation

Mandatory Settlement Conferences

Is the MSC Judge Also the Trial Judge?

Mediation versus Mandatory Settlement Conferences

CHAPTER 4.5 Representing Clients in Online Mediations

Do You Want to Mediate Online?

How to Select Your Mediator for an Online Mediation

Preparation Is Everything

Equipment and Setup

Onboarding Your Client and Team Members

The Pre-Joint Session Conference

Final Prep for Mediation

Mediation Day

Hybrid Mediations

Conclusion

CHAPTER 5 Using a Limited Scope Approach (Unbundling) to Represent Clients Outside and Inside the Mediation Room.

Unbundling: Rethinking How to Package and Deliver Legal Services

CHAPTER 6 Representing Clients in Mediation with a Collaborative Lawyering Approach

Collaborative Lawyering

CHAPTER 7 Setting Up the Mediation

Selecting the Mediator

Preliminary Private Planning (PPP) Sessions

Mediation Briefs

Costs of the Mediation

The Site of the Mediation

Food and Drink: Agents of Collaboration

CHAPTER 8 Building an Agreement Your Client Can Live With

Advisor and Coach

Lawyers at the Mediation Table

Use of Experts

The Lawyer as Negotiation Coach

CHAPTER 9 Reaching Agreement

Typical Divorce Agenda

Agreement Readiness

Identify and Acknowledge Initial Positions of the Parties

Encourage Ground Rules

Red Flag Rule

Interest-Based Negotiations

Normalcy and Solvability

Experiment and Test Out Solutions

Involvement of Children

Starter Toolbox for Reaching Agreements

Negotiating with the Mediator

Working with Mediator Proposals

CHAPTER 10 Reviewing and Drafting Mediated Agreements

Review Summary Letters and Have Your Client Prepare a Memorandum

The Level of Review

Drafting the Agreement

CHAPTER 11 Preventing Future Conflict

Drafting Future Dispute Resolution Clauses

CHAPTER 12 Be a Peacemaker

What Is a Peacemaker?

Your Next Steps in Using Peacemaking to Improve and Expand Your Practice

Appendix A Model Standards of Practice for Family and Divorce Mediation(2000, amended 2012)

Appendix B Phrases for Active Listening and to Prevent Miscommunication

Appendix C Divorce Mission Statement

Appendix D Sample Agreement for Consulting Attorney Services

Appendix E Sample Estimate of Consulting Lawyer Fees

Appendix F Law and Mediation Office of Forrest S. Mosten*.

APPENDIX G Limited Scope Agreement

Appendix H Factors Affecting Appropriateness of Mediation, Collaborative Law, and Cooperative Law Procedures

Appendix I Client Information about Collaborative Representation

Appendix J Sample Letter to Client Discussing Risks of Going into Mediation

Mediation Disclosure Notification and Acknowledgment

Appendix K Sample Mediator's Contract

Appendix L Agreement to Mediate: New York

Appendix M Sample Divorce Mediation Agenda

Appendix N Sample Client Handout: My Role as Your Consulting Lawyer in Mediation

Appendix O Sample Agreement for Attorney Disqualification in Mediation

Appendix P Sample Dispute Resolution Protocol and Mediation Clause

Appendix Q Personal Legal Wellness Checkup and Protocol

Appendix R Recommended Statutory Forms for Financial Disclosure (New York)

Appendix S Required Statutory Forms for Financial Disclosure (California)

Appendix T Court Endorsement of ADR (San Mateo County)

Appendix U Letter from Presiding Judge of Family Law Division Endorsing Mediation (English and Spanish)

Appendix V Hon. Lawrence Marks NYSUCS Press Release

Appendix W Making Your Office a Classroom for Client Education

Appendix X Books and Articles

Glossary

Index.

Notes:

Includes index.

Description based on print version record.

Other Format:

Print version: Mosten, Forrest S. Effectively Representing Clients in Family Mediation

ISBN:

1-63905-214-3