Mediate, Don't Litigate

Strategies for Successful Mediation

Settle your dispute without going to court

Lisa Guerin, J.D. , Peter Lovenheim

April 2004, 1st Edition

Skip the painful process of litigation -- turn to mediation and save money, time and headaches! Learn how to:

choose a mediator
prepare a case
negotiate successfully
write a binding agreement

$24.99 List Price

Description

Going to court to resolve legal disputes is stressful, expensive and time-consuming. Consider a better alternative: Mediation. Then turn to Mediate, Don't Litigate to guide you through the entire process.

Let this easy-to-use book show you how to:

choose a mediator
prepare a case
negotiate successfully
write a binding agreement
protect your interests in case mediation fails

Mediate, Don't Litigate provides detailed information on settling divorce, business and employment disputes, as well as sample mediation rules, contact information for state, national and regional mediation organizations, and the standards of conduct for mediators.

ISBN 9781413301267

Introduction

A. Understanding Mediation
B. Using This Book

1. Mediation Basics

A. What Is Mediation?
B. How Do Cases Get to Mediation?
C. Anatomy of a Mediation
D. Mediation vs. Other Forms of Dispute Resolution

2. Deciding Whether to Mediate

A. What Types of Disputes Can Be Mediated?
B. Advantages and Disadvantages of Mediation
C. When Mediation Makes Sense
D. Factors Opposing Mediation

3. Choosing a Mediator

A. Mediators and Mediation Services
B. Gathering Leads
C. Selecting the Right Mediation Service
D. Selecting a Mediator

4. Starting Your Mediation Case

A. Is Your Case Ready for Mediation?
B. How to Propose Mediation
C. Starting Your Case With a Mediator or Mediation Service
D. Securing an Agreement to Mediate

5. Preparing for Your Mediation

A. Review Paperwork
B. Set Your Goals
C. Gather Evidence
D. The Pre-Mediation Memorandum
E. Who Should Attend the Mediation

6. The Six Stages of Mediation

A. Stage One: The Mediator's Opening Statement
B. Stage Two: The Parties' Opening Statements
C. Stage Three: Discussion
D. Stage Four: The Caucus
E. Stage Five: More Joint Negotiations
F. Stage Six: Closure

7. Write an Agreement That Works

A. Why You Need a Written Agreement
B. Ten Guidelines for Writing an Effective Agreement
C. Sample Agreements
D. Make Your Agreement Legally Enforceable
E. Providing for a Lawyer's or Other Adviser's Review
F. Signing the Agreement

8. If You Don't Reach an Agreement

A. Get Help from the Mediator
B. Small Claims Court
C. Arbitration
D. Start a Lawsuit

9. If Your Mediation Agreement Doesn't Work

A. Changing Your Agreement
B. If the Other Party Reneges

10. Divorce Mediation

A. What Is Divorce Mediation?
B. Issues Common to Court-Sponsored and Private Mediation
C. Court-Sponsored Divorce Mediation
D. Private Divorce Mediation

11. Mediating Business Disputes

A. Selecting a Business Mediator
B. Business Disputes That Can Be Mediated
C. Getting Your Case to the Table
D. Preparing for Your Business Mediation
E. Inside the Mediation Session
F. Writing the Agreement
G. Other Dispute Resolution Procedures for Business Cases

12. Mediating Employment Disputes

A. Deciding Whether to Mediate
B. Choosing a Mediator
C. Preparing for the Mediation
D. Settlement Options

13. Lawyers and Legal Research

A. Using a Lawyer in Mediation
B. Legal Research

Appendix A: Sample Mediation Rules

Appendix B: Standards of Conduct for Mediators

Appendix C: National and Regional Mediation Organizations and Services

Appendix D: Statewide Mediation Offices

Index

Reviews

Press Reviews

" If you have a dispute, but want to avoid court, get a copy of Mediate, Don't Litigate. This one-of-a-kind book tells you exactly what you need to know. " -Andrew Thomas, Executive Director, Center for Dispute Settlement " Assists mediation participants as they prepare for the mediation process. An informative guide if you are considering mediation. " -James Melamed, CEO of Mediate.com " The authors share invaluable insights about mediation and how parties can make it work for them. " -Dispute Resolution Journal " This is your ticket out of the litigation trap. Mediate, don't procrastinate! " -Bob Rosner, internationally syndicated columnist, & author of Gray Matters " Anyone contemplating mediation should make this book a must-read… " -The Electric Review