Representing Clients in Mediation (ePub)

Representing Clients in Mediation is a guide to optimal results, designed for lawyers of all experience levels who need to help their clients mediate legal disputes that typically involve a claim for damages. Spencer Punnett's extensive research offers multiple perspectives on the best way to handle various aspects of mediation advocacy, and gives step-by-step advice covering the entire mediation sequence.

Why is a party's second number often the most revealing in negotiations? Should you "hold something back" for trial? What are "hallway moments," and how can they help you? Should you ever tell the mediator your bottom line? You'll find answers to these questions and many, many more in Representing Clients in Mediation. Also explained:

• 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 standalone pieces ranging from instructive anecdotes to direct me-to-you advice on specific mediation topics. Lawyers can take advantage of the experience of many thoughtful mediation experts through the information in this book, helping them obtain good results for clients.