000			03857nam a2200229Ia 4500
999			_c40053 _d40053
003			OSt
005			20210212154451.0
008			160316s2013 xxu||||| |||| 00| 0 eng d
020			_a9781454836995
040			_cn
082			_a347.017000 _bCAL
100			_aCalkins Richard M
245			_aMediation practice guide
250			_a2nd
260			_aBoston _bWolter Kluwer _c2013
300			_aVarie
365			_b Rs. 25,848
505			_aContents 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
650			_a1. Mediation - Practice Guide
700			_aLane Fred _a
942			_2ddc _cBK