ABSTRACT

Mediation as a method of dispute resolution is well known and practised worldwide, and this book provides the knowledge necessary for those actively involved in mediation work as well as for those who need to learn the process.

This is an invaluable guide on how to mediate, what forms should be used and what techniques can be applied by the mediator to obtain a successful result. It also provides essential guidance on how to deal with large, complex international commercial disputes and their effective administration.

 

Key features of this book include:

• In-depth discussion of both the existing and historical international case law on mediation including its history under the British Common law, European Civil law and Muslim Shari’ah law.

• Analysis of the differences between the various forms of mediation agreements with sample wording to add to or modify these forms as needed.

• In-depth discussion of the ethical requirements relating to mediation and mediators.

• Sample forms for use in commencing mediation.

• In-depth discussion of actual mediations, how they should be conducted, techniques to use and sample forms.

• General forms for use in complex international mediation, form agenda and mediation statements.

• Mediator disclosure forms, questionnaires for potential mediators and parties and comparison of mediation agreements and sample forms.

• Discussion of how to effectively use witnesses and the preparation and presentation of witness statements in mediation.

• International case studies with statements of claims and responses.

This book will be essential reading for those involved in international commercial and construction mediation.

chapter 1|14 pages

The Dispute Process: Why Settle?

chapter 2|15 pages

Why Mediate? It’s an Old Story

chapter 3|20 pages

Why Mediate Today?

chapter 5|15 pages

The Process

chapter 6|17 pages

Interests and Negotiation

chapter 7|16 pages

Conducting a Mediation Session

chapter 8|20 pages

Preventing Settlement Remorse in Mediation

chapter 12|8 pages

What Does the Mediator Do?

chapter 13|13 pages

Mediator Control and Payment

chapter 14|18 pages

Mediation Commencement and Other Issues

chapter 15|14 pages

Finding the Truth

chapter 16|10 pages

Mediation Styles

chapter 17|17 pages

Commercial Mediation Techniques

chapter 18|12 pages

Procedures, Proceedings and Checklists

chapter 19|14 pages

Reaching Agreement

chapter 20|15 pages

Mediator Ethics

chapter 21|19 pages

Special Forms and Agreements

chapter 22|12 pages

Legal Issues in Mediation

chapter 23|21 pages

Additional Mediation Forms and Agreements

chapter 24|12 pages

Representing Parties in Mediation

chapter 25|30 pages

Advanced Techniques