"Incontrovertibly the most important book on mediation published in English in recent years (possibly EVER?)" Hew Dundas, Former President of the Chartered Institute of Arbitrators"Great attention to detail, bringing together a life time experience! I will certainly be recommending it to people in Ireland who come on my training courses." Geoffrey Corry, Mediator and Trainer"Put simply, it is a masterpiece." John Sturrock, Core Solutions GroupDavid Richbell is ranked fifth, internationally, in the top ten "Most Highly Regarded Commercial Mediators" by Who's Who Legal 2014How to Master Commercial Mediation guides commercial mediators through every stage of their development, from novice to the aspirational standards of the master mediator. Moulding, maturing and masteringSplit into three sections, this new title covers the essential skills and processes of effective commercial mediation for three levels of competence: Moulding for novices; Maturing for practising mediators and; Mastering for those who are at the top and wish to maintain their excellence.Section one covers basic skills and process. It includes a case study that covers each phase of a typical mediation, and also covers typical challenges that may be encountered. Section two builds on these basic skills and covers psychology in mediation, specialist sectors, ethics and intercultural mediation.Section three looks at the personal and external development needed for mediators to become experts in their field. It includes contributions from mediators in every European jurisdiction describing the state of mediation in a particular jurisdiction and its place within that respective legal system as well as discussing further intercultural skills. It also looks at skills beyond mediation that can be used to help in dispute resolution.Written by an experienced commercial mediator with specialist contributions from other renowned mediators How to Master Commercial Mediation is filled with expert, practical advice and tips. It also includes bullet point summaries, checklists, scripts of actual commercial mediations together with questions and answers.

“Incontrovertibly the most important book on mediation published in English in recent years (possibly EVER?)” Hew Dundas, Former President of the Chartered Institute of Arbitrators “Great attention to detail, bringing together a life time experience! I will certainly be recommending it to people in Ireland who come on my training courses.” Geoffrey Corry, Mediator and Trainer “Put simply, it is a masterpiece.” John Sturrock, Core Solutions Group David Richbell is ranked fifth, internationally, in the top ten “Most Highly Regarded Commercial Mediators" by Who's Who Legal 2014 How to Master Commercial Mediation guides commercial mediators through every stage of their development, from novice to the aspirational standards of the master mediator. Moulding, maturing and mastering Split into three sections, this new title covers the essential skills and processes of effective commercial mediation for three levels of competence: Moulding for novices; Maturing for practising mediators and; Mastering for those who are at the top and wish to maintain their excellence. Section one covers basic skills and process. It includes a case study that covers each phase of a typical mediation, and also covers typical challenges that may be encountered. Section two builds on these basic skills and covers psychology in mediation, specialist sectors, ethics and intercultural mediation. Section three looks at the personal and external development needed for mediators to become experts in their field. It includes contributions from mediators in every European jurisdiction describing the state of mediation in a particular jurisdiction and its place within that respective legal system as well as discussing further intercultural skills. It also looks at skills beyond mediation that can be used to help in dispute resolution. Written by an experienced commercial mediator with specialist contributions from other renowned mediators How to Master Commercial Mediation is filled with expert, practical advice and tips. It also includes bullet point summaries, checklists, scripts of actual commercial mediations together with questions and answers.

This revolutionary book shows how mediators and lawyers can help parties to escape the way conflict has them trapped and to work together toward meaningful and lasting resolutions that deeply respect their humanity. Through the telling of ten riveting stories of real mediations in diverse settings, the principles and methodologies of this dynamic approach to conflict come alive. In so "Challenging conflict," the authors also challenge the conflict resolution field to reach for more. Book jacket.

Hailed as a "one-on-one tutorial by a master of the art" (Former Chief Judge Judith S. Kaye), Anatomy of Mediation walks you step-by-step through author James C. Freund's distinctive "Neutral Negotiator" approach. A legendary attorney and mediator, James C. Freund has amassed his over two decades of experience and success in a single paperback volume to help you effectively mediate every dollar dispute imaginable starting with four expansive hypothetical situations.

International Mediation: Breaking Business Deadlock, Third Edition (previously titled: International Mediation: The Art of Business Diplomacy) is written by two of the foremost international mediation experts and practitioners. This title provides an essential guide to the effective and timely resolution of international business disputes. It provides a real picture of what happens in international mediation and how it is structured providing practical guidance to allow parties to make the best of the process. This highly practical book provides the answers to questions the ready may have regarding the international mediation process such as: How does mediation work and what will it cost? What are the limitations? What skills are required? How long will it take? How are the outcomes enforced? How can business best use mediation? It contains case histories and practical guidance helping to put international mediation in to real situations that the reader can relate to demonstrating how and why international mediation works and why it is such a powerful tool to resolving business conflict. The authors show how to use mediation techniques as a foundation for a more purposeful, strategic approach to conflict management in organisations.

You want to be a mediator, but how do you get started? How do you build your business? How do you make money from being a full-time mediator? Setting Up in Business as a Mediator provides you with the answers to these questions. Whether new to mediation and wanting to start a business as a full-time mediator, or an experienced mediator wanting to develop and grow an existing business, Setting Up in Business as a Mediator has hands-on advice for every stage of a mediator's career and is full of essential information on how mediators can get started in business and grow their existing practice. Restructured, revised and fully updated the new 2nd edition shows: - How to become accredited - How to find a market - The secrets of a good profile - Hints for great blogging - How to set up a website - The best times to tweet - What not to post on LinkedIn and Facebook - How to overcome objections and rejection Packed with helpful tips and guidance, checklists, self-audits, templates, scripts and real life examples, this book aims to get mediators thinking, prompting answers to the following questions, and more: - Why are they doing mediation? - How many mediations a year do they want to be doing in three years' time? - How much money, time and effort do they need to invest to get there? - What do they need to charge? - Why would they choose themselves as a mediator?

Mediation Law and Civil Practice examines the position of mediation within the civil justice system in England and Wales. It explains and challenges current thinking about mediation, identifying ways for the government and judiciary to improve the delivery of justice through greater trust in the process. It traces the evolution of the relationship between the courts and mediation, discussing all the significant judgments relating to mediation over the last 25 years as well as exploring the key concepts at the heart of mediation and all the latest developments. Mediation Law and Civil Practice also challenges the status quo by casting doubt on some decisions and generates alternative thinking around current legal and practice concepts. As well as updating all case law, the second edition also: - discusses the attitudes generated by the Jackson Review and also the Briggs reforms proposed in the Chancery Modernisation Review and his Court Structure Review - discusses AB v CD, in which a mediator has now given evidence in an English court and Global and related cases on varying “whole agreement” clauses - enlarges the discussion of protocols, which have been modified and remain inconsistent in their treatment of ADR - analyses the EU Consumer Directive - sets out the reforms to CPR Part 36 Mediators, mediation providers, lawyers, judges academics and students will all benefit from the expert commentary and in-depth analysis in this book. It is also a useful guide for academics and mediation providers outside of the UK who are seeking to influence the development of mediation in their jurisdictions.

There is an urgent need to better understand the legal issues pertaining to alternative dispute resolution (ADR), particularly in relation to mediation clauses. Despite the promotion of mediation by dispute resolution providers, policy makers, and judges, use of mediation remains low. In particular, problems arise when parties lack certainty regarding the legal effect of a mediation clause, and the potential uncertainty regarding the binding nature of agreements to pursue mediation is problematic and threatens the growth of ADR. This book closely examines the importance and complexity of mediation clauses in commercial contracts to remedy this persistent uncertainty. Using comparative law methods and detailed empirical research, it explores the creation of a comprehensive framework for the mediation clause. Providing valuable insight into the process of ADR and mediation, this book will be of interest to academics, law makers, law students, in-house council, lawyers, as well as parties interesting in drafting enforceable mediation clauses.

Logical or psycho-logical? Which are we when making decisions and negotiating at mediation? We go to mediation to make peace yet prepare for war. Why? What makes us self-sabotage? Learn which behaviours are obstacles to settlement and how to overcome them. Find out how to apply the latest research in neuroscience, behavioural economics and psychology to achieve better outcomes. Our heads, hearts and guts – which should we use and when? More than an update and discussion of the latest research findings, Mediation Behaviour: Why We Act Like We Do is experience-based and using that shows how to resolve disputes successfully and cost-effectively. Written from the point of the view of mediators, disputing parties, their advisers and representatives, this new title: Investigates the role of emotions, cognitive biases and intuitions in our mediation behaviour Identifies the behaviours that are barriers to settlement and the ones that are bridges to settlement Shows how they affect the six mediation fundamentals: self, money, power, fairness, truth and trust Explains how to be better at negotiation, risk analysis and persuasion Looks in detail at the psychology of offers - how to make them and how to reject them Explores how mediating online changes the way we do things This book is an indispensable resource for mediators, advocates, representatives - both lawyers and non-lawyers – clients, experts, and anyone involved in conflict and conflict management.

What do I do now? Every mediator asks themselves this. Answering 50 common ethical, practical and technical problems that arise at mediations, with key practice points highlighted in Q&A format. Topics include: Impartiality: You arrive at the mediation and suddenly realise that you know one of parties. What do you do? Joint Opening Sessions: One side wants one the other doesn't. What do you do? Bad behaviour: One party is secretly recording the mediation. What do you do? Offers: Neither side will make an offer. They both say they want to hear from the other side first. What do you do? Stages covered: Pre-mediation At the mediation The End of the Mediation and After Each entry includes: The core issues behind the question Case studies of authentic, anonymized, true-life examples The ethical, legal, procedural and commercial issues highlighted and explained in straightforward language Advice on your options: proven tips for immediate use Checklists, sample emails, scripts and templates. Cross-references to cases, protocols, codes of conduct.