Commercial Mediation Practice Guide : A Practical Handbook for Lawyers and Their Business Clients / Bennett G. Picker and Conna Weiner.

Format:

Book

Author/Creator:

Picker, Bennett G., 1941- author.

Weiner, Conna, author.

Language:

English

Subjects (All):

Conflict management.

Dispute resolution (Law).

Mediation--Psychological aspects.

Mediation.

Physical Description:

1 online resource (173 pages)

Edition:

Third edition.

Place of Publication:

Cleveland : American Bar Association, 2023.

Chicago, Illinois : American Bar Association, [2022]

Summary:

This book serves as a comprehensive guide for lawyers and business executives on the practice of commercial mediation. It provides detailed insights into the mediation process, outlining the advantages of mediation over traditional litigation and negotiation methods. The book covers various aspects of mediation, including virtual mediation, the role of the mediator, and strategies for overcoming barriers to resolution. It also discusses preparation techniques, the roles of different participants, and special topics such as intellectual property disputes and class actions. The authors aim to equip readers with practical tools and strategies to enhance their mediation skills, making it particularly useful for legal professionals and business leaders involved in dispute resolution. Generated by AI.

Contents:

Cover

Title Page

Copyright Page

Contents

About the Authors

Introduction and Acknowledgments

Chapter 1: Mediation and the Landscape of Commercial Dispute Resolution

1.1 Introduction

1.2 Commercial Mediation Defined

1.3 Mediation As Facilitated Negotiation: Advantages Over Direct Negotiations Between the Parties

1.4 Mediation and Facilitation Compared

1.5 Mediation and Adjudication Compared: The Litigation Mindset

1.6 A Note on Conciliation

1.7 Mediation, Dispute Prevention, and Dispute Resolution

1.8 The Online and Virtual Mediation Revolution

1.9 Mediation–Arbitration (Med–Arb)

1.10 Dispute Prevention and Resolution Clauses in Contracts

1.11 Mediation in Complex Litigation: Cooperative Case Management

1.12 International Mediation

Chapter 2: The Decision to Mediate

2.1 Introduction

2.2 Suitability of Dispute for Mediation

2.2.1 Introduction

2.2.2 Factors Favoring Mediation

2.2.3 Factors Weighing Against Mediation

2.2.4 Suitability Screening

2.3 Types of Business Disputes Commonly Mediated

2.4 Deciding When to Mediate—and the Advantages of Commencing Mediating Before Any Litigation (the “Filing Effect”)

2.5 Why Mediation Works

2.6 Why Some Mediations Fail Generated by AI.

Notes:

Title from eBook information screen..

Includes bibliographical references and index.

Description based on publisher supplied metadata and other sources.

Part of the metadata in this record was created by AI, based on the text of the resource.

Description based on print version record.

ISBN:

9781639052356

1639052356