Written for business owners who need to engage in mediation or arbitration who may not be familiar with the concepts or legal aspects of the process. This book will give the business executives the tools they need for their business to win through mediation and arbitration, and save lawyers involved in the process a lot of background and explanation.
This book is intended as an easily accessible desktop resource for lawyers who regularly counsel businesses when negotiating international deals, and for those who represent the same clients in achieving a successful resolution when disputes emerge. The text is divided into chapters that follow the life cycle of an international commercial dispute as seen through the eyes of the parties, from when they agree how to resolve disputes in their contracts to the endgame of enforcement. Additionally, the appendices include a number of model submissions for further reference.--Provided by publisher.
This comprehensive, 600-page book helps both experienced counsel and rookies advance their clients cause more effectively at every stage of the mediation process. A few more examples: . Creating a plan for movement in offers and counteroffers. Spotting the chance to arbitrage a deal point . Using zingers to create positional vulnerabilities for your opponent . Mediation prep and its potential for cementing client relationships . How miscommunication through numbers can cause lost opportunities . Perils of the fatigue factor . Breaking impasse the pros and pitfalls of mediators techniques Every chapter also includes a variety of "sidebars" standalone pieces ranging from instructive anecdotes to direct me-to-you advice on specific mediation topics. Some examples: Johnathan C. Bolton s Bad First Time . . . Why Jay Cohen Reads Tom s Mediation Brief First . . . What Maralee Eriksen Learned From Watching 40 Mediated Settlement Conferences . . . How Parties Can (Mis)communicate Through Numbers . . . and many more."
Virtually all Americans have signed many legal documents that contain mediation and/or arbitration clauses. All Americans should know that once you have signed a contract with an arbitration clause, you are legally obligated to submit any conflicts to an arbitrator, and you will not be able to file a lawsuit within the public court system on the same topic of dispute. Mediation and arbitration clauses are often found in employment agreements, medical forms, financial contracts, business contracts, mortgage agreements and credit card contracts. Mediation and arbitration have been around as long as there have been conflicts between people. For centuries, parties in conflict have asked others to help them resolve a conflict that they cannot resolve themselves. Of course, these ADR (Alternative Dispute Resolution) processes have evolved over the years. But would you know what to do if you receive a notice to arbitrate a dispute? Did you know that if you have signed a contract with an arbitration clause that you can be forced to arbitrate a dispute? Do you know how to prepare for a mediation session or an arbitration session? This book is written for the "average Joe or Josephine" in the USA who has probably already signed multiple contracts with mediation or arbitration clauses. It contains the basic facts about mediation and arbitration that should be known and understood by all USA citizens. Armed with this information, you will know whether or not you want to sign contracts with arbitration clauses in the future, and if you find yourself in a legal conflict situation, you will be more prepared to work with your attorney to resolve your situation.
This book is designed to help corporate counsel successfully settle commercial disputes through mediation. It examines the unique role that corporate counsel can play in mediation and offers step-by-step guidance. Topics include: an overview of the mediation alternative for corporate counsel; drafting mediation clauses; court-directed mediations; selecting the right mediator; preparing a case for mediation; participating in the mediation sessions; follow-up action after the mediation; and cross-cultural mediations.
Mediation, A Training and Resource Guide for the Mediator, contains 626 pages of educational and training information for the mediator, complete with outstanding articles from well-known mediators throughout the United States. Although, some of the contents of the book is now obsolete or changed, it still contains worthy and important information for the needs of professional mediators. Consider this book a "collectors item."
Settling trust disputes without litigation can save all parties legal costs and maintain confidentiality (reducing the risk of unwelcome publicity). ADR and Trusts has been written to help professional advisers who want to help their clients to avoid litigation. It is a development from the authors’ accredited mediation training course for the Society of Trust and Estate Practitioners (STEP). Part A introduces the reader to the different forms of dispute resolution, and examines the differences between arbitration and mediation of trust and fiduciary disputes. The mediation process is explained, including: the role of professional advisors, and the tools and techniques for mediation. The authors examine ways of avoiding disputes, cross-border aspects of Alternative Dispute Resolution (ADR), the psychological factors affecting mediation, the mediator’s powers to mediate and settle disputes, and ethical issues in Trust ADR. Islamic and Sharia Trust ADR is also considered, with close study of the developing approaches in Canada and the UK. Part B examines 27 jurisdictions and how trust law and ADR operates in each of them. The jurisdictions covered are: Australia, Bahamas, Barbados, The British Virgin Islands, Canada, Cyprus, England and Wales, Florida, France, Gibraltar, Guernsey, Hong Kong, India, Ireland, Isle of Man, Israel, Italy, Jersey, Liechtenstein, Malaysia, Mauritius, New Zealand, Panama, Scotland, Singapore, Switzerland, and the United Arab Emirates. Each profile addresses: arbitration law and practice, trust law, the mandatory requirements for mediation and the enforcement of ADR awards. Mediators, arbitrators, trust and estate planning practitioners, trust managers and anyone involved in trust disputes should all benefit from reading this book.
"This book is intended to serve as a practical guide to assist both lawyers and non-lawyer business executives in effectively navigating and succeeding in the landscape of commercial mediation. This third edition of the Commercial Mediation Practice Guide continues to offer the reader a user friendly guide to the process of mediation and offers checklists wherever possible"--