Mediation Guide: Navigate the faster, cheaper, kinder process

PREFACE xi INTRODUCTION xiii 1 ABOUT MEDIATION AND ALTERNATIVE DISPUTE RESOLUTION (ADR) 1 1. The Origins of Mediation 1 2. What Is Mediation and How Is It Different from Other Alternative Dispute Resolution Methods? 2 2 WHY IS MEDIATION BETTER? 7 3 WHAT TYPES OF DISPUTES ARE SUITABLE FOR MEDIATION? 11 4 WHEN TO CONSIDER MEDIATION 19 5 HOW DOES MEDIATION WORK? THE STEP-BY-STEP PROCESS 21 1. The Offer 21 2. The Agreement to Try Mediation 22 vi The Mediation Guide 3. Finding a Mediator 25 4. What Is the Cost of Mediation? 28 4.1 Who pays? 30 5. The Paperwork 31 5.1 The intake form 31 5.2 The mediation agreement 31 6. Pre-Mediation Meetings and Conferences 36 7. Screening 45 8. Who Can Attend a Mediation Session? 49 9. Independent Legal Advice 51 10. The Documents You Will Need 52 11. Preparing for Your Mediation 54 11.1 The mediation brief 54 12. The Day of the Mediation 54 13. Tips and Tools 57 13.1 Keeping cool 57 13.2 Being honest 58 13.3 Anticipating roadblocks 59 13.4 Common objectives 59 13.5 Inequality in bargaining power 60 13.6 Timeout 61 13.7 Surrender 62 13.8 Threatening 63 13.9 Other techniques and tactics 63 14. Using the Mediator Effectively 68 15. Shuttle Mediation 69 16. Possible Outcomes 69 6 RECORDING THE SETTLEMENT 73 Contents vii 7 THE AFTERMATH: ENFORCEMENT, VARIATION, REVIEWS 79 1. Enforcement 80 2. Variation and Reviews 80 8 RESOURCES GOING FORWARD 83 SAMPLES 1 Intake Form 32 2 Agreement to Mediate 37 3 Screening Key 48 4 Mediation Brief 55 5 Minutes of Settlement 74