Representing clients in mediation

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This briefly introduces mediation and basics for lawyers representing clients in mediation. A more through discussion is in this book:
http://www.amazon.com/Principles-Alternative-Dispute-Resolution-Hornbooks/dp/0314149074

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Representing clients in mediation

  1. 1. Representing Clients in Mediation Stephen J. Ware Professor of Law University of Kansas ware@ku.edu 785-864-9209
  2. 2. Alternative Dispute Resolution - Negotiation - Mediation - Arbitration - Other Processes
  3. 3. Whether to mediate? - mandatory mediation - voluntary mediation
  4. 4. Benefits of mediation: - increase the likelihood of settlement - increase the speed of settlement - settlement terms better for both sides than terms that would have been reached in negotiation - each party improves abilities to resolve his or her future disputes
  5. 5. How Does Mediation Increase the Likelihood of Settlement? - Foster Communication - Identification of Settlement Zones - Evaluation of the Merits by the Mediator
  6. 6. $0 D’s Ideal * $40,000 * $60,000 $ P’s Ideal
  7. 7. $0 * D’s $5,000 Ideal * $500,000 $ P’s Ideal
  8. 8. How Does Mediation Increase the Likelihood of Settlement? - Foster Communication - Identification of Settlement Zones - Evaluation of the Merits by the Mediator
  9. 9. How Does Mediation Increase the Speed of Settlement? - Foster Communication - Identification of Settlement Zones - Evaluation of the Merits by the Mediator
  10. 10. How Does Mediation Achieve Better Settlements? Positive-sum (“Expanding the Pie”) - Interests rather than positions - Coinciding interests - Logrolling multiple issues - Overcoming the negotiator’s incentive to conceal
  11. 11. How Does Mediation Help a Party Improve His or Her Abilities to Resolve Future Disputes?
  12. 12. Benefits of mediation: - increase the likelihood of settlement - increase the speed of settlement - settlement terms better for both sides than terms that would have been reached in negotiation - each party improves abilities to resolve his or her future disputes
  13. 13. Costs of Mediation: - money - time (lawyer's, client's, or both?) - during mediation - preparing for mediation - suggesting mediation perceived as a sign of weakness - risk of revealing information - to the other side - to the mediator (confidentiality law)
  14. 14. Preparing for Mediation Will it be competitive or problem-solving? Competitive zero-sum advocate position guard information mediator evaluates lawyer-driven Problem-Solving positive-sum explore interests share information mediator facilitates client-driven

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