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eBook Mediation Representation: Advocating as a Problem-Solver in any Country or Culture download

by Harold I. Abramson

eBook Mediation Representation: Advocating as a Problem-Solver in any Country or Culture download ISBN: 1601561083
Author: Harold I. Abramson
Publisher: National Institute for Trial Advocacy (NITA); Second edition (February 8, 2010)
Language: English
ePub: 1954 kb
Fb2: 1693 kb
Rating: 4.9
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Category: Different

He answers many essential questions with this classic for anyone wanting mediation to result in a win for both their client and the other side.

Mediation Representation book. Goodreads helps you keep track of books you want to read

Mediation Representation book. Goodreads helps you keep track of books you want to read. Start by marking Mediation Representation: Advocating as a Problem Solver in Any Country or Culture as Want to Read: Want to Read savin. ant to Read.

Mediation Representation sets out to value the role of the attorney in the mediation process when performed effectively

Mediation Representation sets out to value the role of the attorney in the mediation process when performed effectively. Without once being patronizing or lecturing, it sets out the numerous ways attorneys can help get the best possible outcome for their clients in the mediation context. It strives to make the attorney a better negotiator by, as the subtitle puts it, Advocating as a Problem-Solver in any Country or Culture.

This book, first published in 2004 and recipient of the CPR International Book Award, offers a comprehensive approach to. .Abramson, Harold . Mediation Representation: Advocating as a Problem Solver (2013).

This book, first published in 2004 and recipient of the CPR International Book Award, offers a comprehensive approach to teaching and learning mediation represe. Wolters Kluwer Law & Business (2013). com/abstract 2469922. Harold I. Abramson (Contact Author).

Surprisingly little has been written on how to represent clients in mediation as a problem-solving forum

Surprisingly little has been written on how to represent clients in mediation as a problem-solving forum. In this groundbreaking book, Hal Abramson offers a bold, new methodology for problem-solving advocacy-the skills that lawyers are most likely to need in their legal practice. During mediation, Abramson says, you should negotiate using a creative problem-solving approach to achieve the two goals of meeting your client’s interests and overcoming any impediments to settlement. Your negotiation strategy should take specific advantage of the presence of a mediator.

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Problem-solver (in any culture or country) (2010). Mediation representation sets out to value the role of the attorney in the mediation process when that role is performed effectively

Problem-solver (in any culture or country) (2010). Mediation representation sets out to value the role of the attorney in the mediation process when that role is performed effectively. It also sets out the numerous ways attorneys can help get the best possible outcome for their clients in the mediation context. 21} mediation-general {73} subj matter: general {136} economic advantages of adr {138} ethics: general {151} role of lawyers.

Mediation Representation: Advocating as a Problem-Solver navigates mediation-related legal and ethical issues and considers alternative processes for resolving unsettled issues. A culturally neutral framework allows for representing diverse clients. Helpful appendixes are included that cover decision-trees, sample agreements, active listening, and effective questioning. covers every step of the process. advising clients on the mediation option. preparing cases and clients for the mediation session

PROBLEM-SOLVING ADVOCACY IN MEDIATIONS: A MODEL OF CLIENT REPRESENTATION 10 Harvard . If an advocate views mediation as a problem-solving process, then the attorney should negotiate as a problem-solver.

Let me describe the sharp exchange of settlement offers in that negotiation. 113 A problem-solving negotiator who is creative does more than just try to settle the dispute.

Recipient of 2004 Book Award of the CPR Institute for Dispute Resolution Mediation Representation : Advocating in a Problem-Solving Process. by Harold I. Abramson.

Mediation Representation : Advocating in a Problem-Solving Process.

Learn the Mediation Representation Triangle to negotiate as a problem-solver, enlist mediator assistance, and develop a mediation representation plan that meets your client s interests, overcomes impediments, and shares information judiciously. <BR> In the second edition of his award-winning book, Hal Abramson expands his lucid and nuanced framework for effective problem-solving advocacy in mediation to answer questions like: How to select the right mediator? How do you prepare your case and client for mediation? And, what to do as the mediation unfolds? <BR> Abramson begins by examining how to be an effective negotiator in mediation and mediation stages, opening statements, joint sessions and caucuses, and various mediator approaches and techniques. He then covers advising clients about the mediation option, negotiating an agreement to mediate, preparing cases and clients for the mediation session, and appearing in pre-mediation conferences, mediation sessions, and post-sessions. He also presents alternative processes for resolving issues not settled in mediation. This second edition introduces new material on resolving moneyed disputes, dealing with emotions, sharing information, interviewing mediators and their references, choosing between joint sessions and caucuses, generating movement, proactively enlisting the mediator, searching for creative solutions, and navigating legal issues when drafting agreements. It also includes new approaches to assessing and preparing opening statements and refines the critical techniques for bridging any final gap. The second edition further provides a culturally neutral framework that is integrated throughout the book to help you represent clients in mediations between parties from different countries or with different cultural upbringings including preparing you to identify culturally shaped interests and overcome culturally shaped impediments. More than twenty appendixes cover decision-trees, sample agreements, sample opening statements, selective mediation rules, and more. New extensive appendixes on effective listening, questioning, and cultural differences complete the book.
Comments: (2)
Priotian
I ought this as a gift for someone having discovered prior to buying it that she thought highly of its contents so I guess its a five star!!
Shakar
Gladiatorial attorneys the world over are probably the single greatest barrier to a successful negotiated outcome. By not consciously adapting their style from the "I Gonna Win/You Gonna Lose" approach characterized by litigation and arbitration, attorneys representing clients in mediation can seriously impede, miss and even block the greater benefits for their clients potentially available from a negotiated outcome.

Mediation Representation sets out to value the role of the attorney in the mediation process when performed effectively. Without once being patronizing or lecturing, it sets out the numerous ways attorneys can help get the best possible outcome for their clients in the mediation context. It strives to make the attorney a better negotiator by, as the subtitle puts it, Advocating as a Problem-Solver in any Country or Culture. This diverse subject is neatly and logically clustered and laid out in a digestible and browsable format; the pages are full of perceptive and poignant tips gleaned by the author from years of research as well as experience as a mediator and educator in the US and internationally.

Prof. Abramson pulls it all together into what he labels as a Mediation Representation Triangle, which consists of attorneys negotiating with the assistance of a mediator and a plan to advance interests, overcome impediments, and share information judiciously.

Alexander Graham Bell's truism that "preparation is the key to success" is reflected with two chapters, together comprising a third of the book, dedicated specifically to preparing for a mediation (both preparing the case and preparing the client). It's startling how many attorneys come to mediation expecting the mediator to do all the work, having little idea how to engage the mediator's help, having not worked out their BATNA, and with a poorly prepared client. These issues, and more, are all fully covered.

Negotiation is weaved into the book from start to end. Most of us consider ourselves great negotiators, but the presence of a neutral with no power to impose a decision calls for a different (actually, a better!) approach to negotiation in order to extract the best outcome for the client. The book thoroughly contrasts positional and problem-solving approaches to negotiation - very helpful in psyching ourselves into the mediation approach to outcome generation. Actually, this is a pertinent book for anyone approaching a negotiation - whether in a mediation setting or not.

The book also deals in some detail about how to select the right mediator, including how counsel can productively approach the other attorney about trying out mediation.

A key and unusual feature of Mediation Representation is its succinct coverage of cross cultural approaches to negotiation and how to manage them and bridge differences in the mediation process. There are extensive materials and training courses on cross cultural communication and negotiation, but here in 20 pages is a very handy primer - applicable, in our multi-cultural societies, to local negotiations and mediation as well as international cases. Although the author integrates references to culture and culture differences throughout the book, he unfortunately does not cover the vexing challenges of enforcing settlement agreements cross-border, and other cross-border dilemmas that can arise due to conflicting legal regimes.

Overall, this is one of the best mediation handbooks available and a substantial contribution to influencing the mindset changes we attorneys need to make in resolving disputes with maximum benefit as early as possible.

Michael Leathes, International Mediation Institute
April 2010