Title Sharing a Mediator's Powers - Final Text - 12-13.pdf ✅

Sharing a MEDIATOR’S POWERS DWIGHT GOLANN EFFECTIVE ADVOCACY IN SETTLEMENT SharingMediatorsPowers_TP.indd 1 8/7/13 7:18 AM
Cover design by Kelly Book/ABA Publishing. The materials contained herein represent the opinions of the authors and/ or the editors, and should not be construed to be the views or opinions of the law firms or companies with whom such persons are in partnership with, associated with, or employed by, nor of the American Bar Associa‐ tion or the Section of Dispute Resolution unless adopted pursuant to the bylaws of the Association. Nothing contained in this book is to be considered as the rendering of legal advice for specific cases, and readers are responsible for obtaining such advice from their own legal counsel. This book is intended for edu‐ cational and informational purposes only. © 2013 American Bar Association. All rights reserved. No part of this publication may be reproduced, stored in a retrieval sys‐ tem, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise, without the prior written per‐ mission of the publisher. For permission contact the ABA Copyrights & Contracts Department, [email protected], or complete the online form at http://www.americanbar.org/utility/reprint.html. Printed in the United States of America. 17 16 15 14 13 5 4 3 2 Library of Congress Cataloging-in-Publication Data 2013031138 Discounts are available for books ordered in bulk. Special consideration is given to state bars, CLE programs, and other bar‐related organizations. Inquire at Book Publishing, ABA Publishing, American Bar Association, 321 N. Clark Street, Chicago, Illinois 60654-7598. www.ShopABA.org Golann, Dwight, author. Sharing a mediator’s powers : effective advocacy in settlement / by Dwight Golann; Section of Dispute Resolution, American Bar Association. pages cm Includes bibliographical references and index. ISBN 978-1-62722-280-8 (alk. paper) 1. Mediation—United States. 2. Practice of law—United States. I. American Bar Association. Section of Dispute Resolution, sponsoring body. II. Title. KF9084.G6485 2013 347.73'9—dc23 DR Golann Sharing Mediation Final.indd 2 9/9/13 10:59 AM
The Advocacy DVD Table of Contents vii Dedication ix Acknowledgments xi Introduction xiii What is “commercial” mediation? xiv Alternative approaches xv How this book is organized xvi Part I Understanding the Process 1 Chapter 1 Two Examples 3 The death of a student 3 Toxic tort coverage 6 Contents DR Golann Sharing Mediation Final.indd 3 9/9/13 10:59 AM
Contents iv Chapter 2 A Commercial Mediator’s Strategy 9 1. Build a foundation for success 10 2. Allow participants to argue and express feelings 12 3. Moderate the bargaining 15 4. Seek out and address hidden issues 17 5. Test the parties’ alternatives. If necessary, evaluate the adjudication option 18 6. Break bargaining impasses 21 Conclusion 23 Part II Mediating for Advantage 25 Chapter 3 Shape the Field 27 1. Secure the participation of key decision makers 27 2. Mold the process to your needs 30 Chapter 4 Focus Discussion and Exchange Information 33 1. Emphasize key issues 33 2. Exchange data 37 3. Gather or provide information about intentions 48 Chapter 5 Address Emotional Issues 53 1. Emotional concerns 54 2. Loss aversion 58 3. Delayed loss reactions 61 Chapter 6 Influence the Bargaining 65 1. Obtain advice about tactics 65 2. Enhance your offers 67 DR Golann Sharing Mediation Final.indd 4 9/9/13 10:59 AM