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Mediation Advocacy Representing and Advising Clients in Mediation.
| Clasificación: | Libro Electrónico |
|---|---|
| Autor principal: | |
| Formato: | Electrónico eBook |
| Idioma: | Inglés |
| Publicado: |
London :
Bloomsbury Publishing Plc,
2018.
|
| Edición: | 2nd ed. |
| Temas: | |
| Acceso en línea: | Texto completo |
Tabla de Contenidos:
- Intro
- Preface
- Preface to the First Edition
- Table of Statutes
- Table of Statutory Instruments
- Table of Cases
- Glossary
- Useful websites
- PART A: INTRODUCTION TO MEDIATION ADVOCACY AND THE MEDIATION PROCESS
- Chapter 1 Negotiation Framework
- Introduction
- Working definitions
- Mediation
- Negotiation
- Eight core principles
- Three core concepts
- Eight core principles
- Principle 1: Mediation is for making peace not war
- Principle 2: Peace is made by negotiating deals
- Principle 3: Not every negotiation is a mediation but every mediation is a negotiation
- Principle 4: The process of negotiation is a process of the mutual recognition of reality
- your own and the other person's
- Principle 5: Deals are made by discussing proposals, not by arguing
- Principle 6: Preparation for mediation is preparation for peace talks
- Principle 7: Negotiation leads to action
- it is different from a discussion or debate
- Principle 8: People make decisions and settlements for their reasons not yours
- Three core concepts
- What lawyers do
- Three classic stages of mediation
- Three actual stages of mediation
- The mediation advocate's 3Rs
- The fundamental question
- How to use this book
- In a nutshell
- Chapter 2 What is Mediation Advocacy?
- What is mediation advocacy?
- A misnomer
- Non-adversarial
- Common ground or battleground?
- A specialism?
- Standing Conference of Mediation Advocates (SCMA)
- International Mediation Institute (IMI)
- Can clients represent themselves?
- Why is civil and commercial mediation different?
- Self-representation
- Advantages
- Disadvantages
- Minimising the disadvantages
- Who should represent a client?
- What is the advocate's role?
- What is the lawyer's role?
- What are the advantages of transaction lawyers?
- What are the disadvantages of transaction lawyers?
- What are the advantages of litigation lawyers?
- What are the disadvantages of litigation lawyers?
- Should barristers attend mediation?
- Why are barristers sometimes barriers?
- Are barristers needed at all?
- What is the value of barristers?
- The bottom line
- What is the value of in-house counsel?
- The seven deadly sins of barristers
- The seven deadly sins of solicitors
- Do representatives have to be lawyers?
- Non-lawyers
- Lawyer advocates
- In a nutshell
- Chapter 3 What Do Clients Want?
- Do clients, advocates and mediators want the same thing?
- Is this true?
- Client and advocates
- City of London 2014 Survey
- IMI Global Pound 2017 Survey
- Advocates and mediators: friends or enemies?
- Have the advocates asked the right questions?
- Exploring what clients want
- The PIN paradigm
- Goals
- What three key questions must advocates ask themselves?
- (1) What do my clients need?
- Psychological needs
- Financial needs
- (2) What does the other side need?
- (3) What can we give the other side?
- Costs of settlement