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"How to Mediate Your Dispute"
by lawyer-mediator Peter Lovenheim. |
Table of Contents
1. What is mediation?
A.What Is Mediation?2. Selecting disputes for mediation
B.The Goals of Mediation 1.4
C.What Types of Disputes Can Be Mediated? 1.5
D.The Advantages and Disadvantages of Mediation 1.7
E.Mediation Compared to Arbitration 1.10
F.Other Methods of Dispute Resolution 1.13
G.Role of the Mediator 1.16
H.Who Are the Mediators? 1.17
I.How Much Does Mediation Cost? 1.20
J.How Do Cases Get to Mediation? 1.21
K.How Many People Participate in the Mediation? 1.23
L.The Role of Lawyers in Mediation 1.23
M.Where Are Mediations Held? 1.24
N.The Rules of Mediation 1.26
O.How Long Does Mediation Take? 1.29
P.An Overview of the Six Stages of Mediation 1.28
A.Factors Favoring Mediation 2.43. Where to take your dispute for mediation
B.Factors Opposing Mediation 2.11
C.The Question of Power Imbalance 2.18
A.Choosing a Mediator or Mediation Service 3.24. Starting your mediation case
B.The Various Types of Mediators and Mediation Services 3.11
C.How to Locate a Good Mediator 3.27
D.Common Types of Disputes and Where They Can Best Be Mediated 3.31
A.When Is a Case Ready for Mediation? 4.25. Selecting mediation services and mediators
B.When It Can Be Too Late to Mediate 4.5
C.The Best Times to Start Mediation 4.6
D.How to Propose Mediation 4.8
E.Starting Your Case With a Mediator or Mediation Service 4.13
F.Securing an Agreement to Mediate 4.18
A.Ten Questions to Ask a Mediation Service 5.26. Preparing for your mediation
B.Methods of Selecting a Mediator 5.7
C.More About Mediators 5.10
D.Five Ways to Investigate Prospective Mediators 5.21
A.Reviewing Mediation Rules and Other Forms 6.37. Inside the mediation session
B.Determining Your Goals for the Mediation 6.10
C.Who Are You Trying to Persuade? 6.23
D.Gathering Information to Bring to the Mediation 6.25
E.The Pre-Mediation Memorandum 6.34
F.Who Should Attend the Mediation 6.39
G.Decisionmakers Must Attend 6.40
H.Using a Lawyer in Mediation 6.49
A.The Six Stages of a Typical Mediation Session 7.38. Writing an agreement that works
B.Before the Mediation Begins 7.4
C.Stage One: The Mediator’s Opening Statement 7.9
D.Stage Two: The Disputants’ Opening Statements 7.14
E.Stage Three: Discussion 7.26
F.Stage Four: The Caucus 7.32
G.Stage Five: More Joint Negotiations 7.42
H.Stage Six: Closure 7.46
A.The Importance of Written Agreements 8.29. If no agreement is reached: options available
B.Nine Guidelines for Writing an Effective Agreement 8.6
C.Sample Agreements 8.15
D.Make Your Agreement Legally Enforceable 8.21
E.Providing for a Lawyer’s or Other Adviser’s Review 8.26
F.Signing the Agreement 8.28
A.Three Options Involving the Mediator 9.210. What to do if your mediation agreement doesn’t work
B.Small Claims Court 9.7
C.Arbitration 9.8
D.Start a Lawsuit 9.18
A.If You Need to Change Your Agreement 10.211. Divorce mediation
B.If the Other Party Reneges 10.7
A.What Is Divorce Mediation? 11.312. Mediating business disputes
B.Advantages of a Mediated Divorce 11.7
C.Issues Common to Court-Sponsored and Private Mediation 11.9
D.Court-Sponsored Divorce Mediation 11.26
E.Private Divorce Mediation 11.49
A.Selecting a Business Mediator 12.413. Lawyers and legal research
B.Types of Business Disputes That Can Be Mediated 12.8
C.Getting Your Case to the Table 12.15
D.Preparing for Your Business Mediation 12.20
E.Inside the Mediation Session 12.20
F.Writing the Agreement 12.21
G.Other Dispute Resolution Procedures for Business Cases 12.22
A. Using Lawyers to Help You in Mediation 13.3
B.Researching the Law 13.9
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