Mediation: A Practical Guide

Mediation: A Practical Guide

by Alex Bevan, Guy Hollebon

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Overview

The legal establishment now feels that mediation is an established part of the dispute resolution system, but that education and training in its use is not sufficiently developed to mean that all those involved find it easy to set up, prepare and conduct themselves at mediation. Lord Woolf, in his reforms of the Civil Justice System, placed ADR on the map, and over the last ten years a series of legal decisions have endorsed its importance, to the extent that it is now a regular, if not very common, dispute resolution process. Large numbers of professionals still do not find it easy to take part. For example, there is a lot of uncertainty as to which mediator to use. This report is aimed at all those who should be using mediation or could be using it to better effect.

Product Details

ISBN-13: 9781854187437
Publisher: Thorogood
Publication date: 04/30/2011
Series: Thorogood Reports
Pages: 200
Product dimensions: 8.25(w) x 11.75(h) x (d)

About the Author

Alex Bevan has been head of his own solicitors firm since 1993. In 1989, Alex became founder shareholder and technical director of ADR Group. Alex subsequently set up the Bristol Law Society Mediation Scheme. Alex has been instructed to act as mediator in over 240 cases. These have involved a wide range of commercial and civil disputes. Mediations have been conducted and co-ordinated in England involving foreign jurisdictions. Alex has a civil litigation background.

Guy Hollebon is a Director specializing in all aspects of employment law.

Table of Contents

1 WHAT IS MEDIATION?
How is mediation practised in the UK?
Advantages and disadvantages of mediation
Why is mediation successful?
Some mediation providers in the UK
2 SUITABILITY OF THE CASE FOR MEDIATION
Suitability
Timing
Case factors favouring mediation
Factors possibly militating against mediation
3 ARRANGING A MEDIATION
Client agreement
Getting the other side to agree to mediation
Selecting the mediator
Length of the mediation
Venue for the mediation
Costs
Checklist for arranging a mediation
4 BEFORE THE MEDIATION
Preparation for the representative
Preparation with the client
The position statement
The mediation agreement (also known as ‘the agreement to mediate’)
Guidance for your conduct in a mediation
5 AT THE MEDIATION
The opening statement at the joint session
Exploration in private sessions
Negotiation
Bridging the hard gap and some mediation techniques
Techniques
Drawing up heads of terms or a consent order
6 AFTER THE MEDIATION
The case settled at mediation
The case did not settle
Use of information or documents gained at a mediation
Was an agreement reached at mediation?
Bad faith negotiating at mediation
7 MEDIATION IN DIFFERENT SECTORS
Employment and workplace mediation
Workplace mediation
Employment mediation
Shareholder, company and partnership disputes
Construction
Financial services
Mediation in family disputes
Community mediation
Mediation in education
Commercial litigation
General litigation
Personal injury
Clinical negligence
Probate and inheritance claims
Mediation in other jurisdictions
APPENDICES
1) Position Statement
2) Mediation Agreement
3) Tomlin Order 1
4) Directive 2008/52/Ec Of The European Parliament And Of The Council Of 21 May 2008 On Certain Aspects Of Mediation In Civil And Commercial Matters
5) Checklists – Arranging A Mediation, Preparation With The Client, Guidelines For Behaviour At The Mediation
6) Civil Procedure Rules (CPR)
7) Practice Direction 31 (Hong Kong)
8) Kodeks Post-Powania Cywilnego (Poland)
9) Useful Information

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