Commercial Mediation Practice Guide

"This book is intended to serve as a practical guide to assist both lawyers and non-lawyer business executives in effectively navigating and succeeding in the landscape of commercial mediation. This third edition of the Commercial Mediation Practice Guide continues to offer the reader a user friendly guide to the process of mediation and offers checklists wherever possible"--

"This book is intended to serve as a practical guide to assist both lawyers and non-lawyer business executives in effectively navigating and succeeding in the landscape of commercial mediation. This third edition of the Commercial Mediation Practice Guide continues to offer the reader a user friendly guide to the process of mediation and offers checklists wherever possible"--

Written in a user-friendly style, the book is intended for lawyers and businesspersons alike and provides invaluable and straightforward understanding of key suitabilty, preparation and advocacy issues in mediation.

Written by a team of experienced lawyers and mediators, this third edition of The ADR Practice Guide - Commercial Dispute Resolution is an essential updated guide to civil and commercial dispute resolution. It provides a clear and detailed overview of ADR and helps the reader to realise the business opportunities that it can offer.

Concentrating on the market in England and Wales, but drawing on the experience of mediators who have successfully developed practices in other countries, Setting Up in Business as a Mediator is a practical guide to starting a mediation practice. Aimed at all types of mediators, it explains the need for a clear plan and what that plan should include. Remembering that a mediation practice is a business, it demonstrates the need to know your product and market in order to generate business, through sales and marketing. It shows you how to build your profile, find a mentor, differentiate yourself from other mediators, and how much to charge.Whilst the core of Setting up in Business as a Mediator is civil and commercial mediation, it also draws on the experiences of those who have developed mediation practices in other areas such as family and workplace mediation.

International Commercial Mediation is a practical guidebook that explains how to handle and complete a mediation, as well as how to personally market the skills developed as a mediator. The book provides examples, supplies forms, and explains procedures of actual working mediations which can be used to adapt to individual needs. It also deals with advanced practitioner issues and the emerging law on international mediation.

For many businesses, mediation is seen as a swifter and cost-effective alternative to conventional forms of dispute resolution. Although its acceptance by policymakers in Europe has been slow, the recent development by various EU Member States of legal and institutional frameworks for commercial mediation have been complemented by a European framework for cross-border civil and commercial mediation, the EU Directive on Certain Aspects of Mediation in Civil and Commercial Matters. This extraordinary book, the first thorough analysis of the current state of commercial mediation practice in Europe, is based on face-to-face interviews and responses to questionnaires involving the participation of 25 renowned European mediators, with complementary contributions by 20 business people who have used mediation extensively. Among the areas of interest that arise are the following: typical areas of application of commercial mediation; types of disputes where commercial mediation is most beneficial; reasons why companies opt for mediation; dispute stages at which mediation may be most useful; length of the mediation process; costs of the process; likely causes of the considerable guardedness of enterprises against mediation; the role lawyers play as gatekeepers; the power factor and other imbalances; the role of provider agencies; and various approaches to mediation style. Participants have been chosen from Austria, Germany, France, England, Scotland, Denmark, Norway, Sweden and Finland, with the aim of including all the dominant European legal traditions. There are numerous case studies, including the role of mediation in such major projects as the Vienna Airport, the Eurotunnel, and the Øresund link bridge. The book contributes to the further professionalism of ADR in Europe by providing accurate information on the functionality of the process and its attainable results. In addition to describing the professional performance of European mediators working in the world of business, the author’s analysis crystallizes the processes, models, and strategies that characterize the practice of commercial mediation in Europe. With this book potential clients, practicing mediators, lawmakers, and other decisionmakers can base their actions on reliable scientific findings proven by practical experience.