Contents
Chapter 1. ALTERNATIVE DISPUTE RESOLUTION (ADR)
1 Introduction
2 The Courtroom Trial Is Now the Alternative
3 Selecting the Best ADR Tool
4 The ADR Consultant
5 Developing a Systematic Approach to ADR
Chapter 2. MEDIATION: HISTORY AND ADVANTAGES
1 Introduction
2 History of Mediation
3 Reasons for the Success of Mediation
4 Common Questions Asked about Mediation
5 How to Start a Mediation Practice
6 Additional Case Studies Described in Detail
Chapter 3. THE MEDIATION PROCESS—CAUCUS METHOD
1 Introduction: Format—Caucus Mediation
2 Preliminary to the Mediation
3 The Mediation Hearing—Overview
4 Synopsis of a Mediation Hearing: Automobile Collision—Plaintiff a Quadriplegic
Chapter 4. ROLE AND QUALITIES OF THE MEDIATOR—THE PEACEMAKER APPROACH TO MEDIATION
1 Introduction
2 Basic Approaches to Mediation
3 Mediators—Unique in the “Judicial” Process
4 Qualities of an Effective Mediator
5 Techniques of the Peacemaker
6 Ethical Considerations for Mediators
Chapter 5. THE ATTORNEY AND MEDIATION
1 Introduction
2 Entering the Mediation in Good Faith
3 Duty of the Attorney to Acquaint the Client with ADR
4 Selecting the Best ADR Mechanism
5 Parties Should Be Represented by Attorneys
6 Selecting Cases for Mediation
7 How to Initiate Mediation
8 Selecting the Mediator
9 Selecting the Mediation Site
10 Preparing for Mediation
11 Pre-Mediation Conference
12 Opening Statements by the Attorneys
13 Working with the Mediator
14 Continuing Negotiations: Reconvening Mediation Hearings—Mediator Contact with Client
15 Achieving Settlement
16 Documenting the Settlement at the Mediation
17 Ethical Considerations
Chapter 6. THE INSURANCE REPRESENTATIVE'S ROLE IN MEDIATION
1 Introduction
2 Mediation versus Arbitration
3 Mediation Uniquely Suited to Insurance Industry
4 Cases That Are Good Candidates for Mediation
5 When Is a Claim Ready for Mediation?
6 Initiating Mediation
7 Selecting the Mediator
8 The Location of the Mediation
9 Costs of Mediation
10 Adjuster Representing Carrier
11 Adjuster's Preparation for Mediation
12 Working with the Mediator
13 Initial Joint Session—Opening Statements
14 Mediating for More Than One Day
15 Creative Settlements
16 A Case Not Settled
17 Mock Mediation Sessions
18 Miscellaneous Considerations
Chapter 7. CLOSING TECHNIQUES
1 Introduction
2 Closing Techniques
3 Summary
Chapter 8. WORKING WITH THE CHALLENGING PARTY/ATTORNEY/CASE SITUATION
1 Introduction
2 Handling Difficult Parties
3 Handling the “Difficult” Attorney
Chapter 9. CREATIVE APPROACHES TO SETTLEMENT
1 Introduction
2 Mediation by Telephone, Teleconferencing, and Skype
3 Third-Party Claims or Liens on Settlement
4 Mediating a Case on Appeal
5 Plaintiff Receiving Public Assistance—Special Needs Trust
6 Staggered Payments
7 Reverting Trust
8 Escrow Account
9 Creative Solutions in Divorce
10 Nonmonetary Settlements
11 Memorandum Analyzing the Case
12 Mediator's Findings and Conclusions
13 Mediator's Report
14 Working with the Adjuster
15 Presenting a Signed Agreement
16 The Underinsured Policy
17 Punitive Damages
18 Using the Public Press
19 The Unusual Case—Pastoral Sexual Abuse
Appendix A—CONFERENCE MEDIATION
Appendix B—COLLABORATIVE DIVORCE
Table of Cases
Index