Ship-Ship-Hooray! Free Shipping on $25+ Details >
Basic Skills for New Mediator

Basic Skills for New Mediator - 94 edition

Basic Skills for New Mediator - 94 edition

ISBN13: 9780967097305

ISBN10: 0967097304

Basic Skills for New Mediator by Allan H. Goodman - ISBN 9780967097305
Edition: 94
Copyright: 1994
Publisher: Solomon Publications
International: No
Basic Skills for New Mediator by Allan H. Goodman - ISBN 9780967097305

ISBN13: 9780967097305

ISBN10: 0967097304

Edition: 94

Other Editions of Basic Skills for New Mediator

shop us with confidence


Basic Skills For The New Mediator provides an overview of the entire process, from the pre mediation conference through all stages of the mediation session. You will learn to establish your authority as a mediator, schedule the mediation session, deliver the mediator's opening statement, prioritize issues, preside during joint sessions and private caucuses, overcome impasses in settlement discussions, identify "hidden agenda" and "throw-away" items, deal with parties who lack settlement authority, and achieve a viable settlement.

Author Bio

Goodman, Allan H. : Georgetown University Law Center / Solomon Publications

Allan H. Goodman is a Judge on the General Services Administration Board of Contract Appeals. From 1975 to 1993, Judge Goodman was an attorney in private practice. Since 1987 he has been an Adjunct Professor of Law at the Georgetown University Law Center, where he teaches Construction Contract Law. Judge Goodman has taught Government Contract Law at the University of Richmond - T.C. Williams College of Law (1980-85) and the University of Virginia (Northern Virginia Extension)(1981-84).

Judge Goodman serves as a private arbitrator and mediator. He has been a member of the American Arbitration Association's Commercial Panel of Arbitrators since 1980, and has served on more than forty arbitration panels for the AAA. From 1989-92 he was a member of the D.C. Bar's Attorney-Client Arbitration Board which provides mediation and arbitration of fee disputes between attorneys and clients. From 1990-92 he was a member of the District of Columbia Superior Court Multi-Door Dispute Resolution Panel, where he arbitrated contract disputes. While in private practice, Judge Goodman also mediated disputes arising from the construction of the Federal Triangle Project (recently renamed the Ronald Reagan Building) in Washington, D.C., the largest federal office building built since the Pentagon.

Judge Goodman is an associate member of the National and District of Columbia Chapters of the Society of Professionals in Dispute Resolution (SPIDR) and a member of the Virginia Mediation Network. He lectures frequently on alternative dispute resolution techniques, and has been a trainer of new arbitrators and mediators for the American Arbitration Association and Solomon Publications. In 1996 and 1997 he was a member of the National Construction Arbitrator Training Faculty of the American Arbitration Association.

In 1994, Judge Goodman founded Solomon Publications, which publishes self-instruction manuals and provides private training for new and experienced arbitrators and mediators. He is the author of Basic Skills For The New Arbitrator (Solomon Publications, 1993) and Basic Skills For The New Mediator (Solomon Publications, 1994).

Judge Goodman is a graduate of Georgetown University (B.S.F.S. cum laude, 1972) and the University of Toledo College of Law (J.D. 1974), where he was an associate editor of the Law Review. He is a member of the Bars of Virginia, the District of Columbia, and Maryland.

Table of Contents

Table of Contents

The Mediation Process

1. What Is Mediation?
2. What Is The Goal Of Mediation?
3. Why Does Mediation Work?
4. How Does Mediation Work?
5. What Is The Difference Between Mediation And Arbitration?
6. Is Mediation The Same As Non-Binding Arbitration?
7. What If Both Parties Have Claims Against Each Other?
8. When Do Parties Agree To Resolve A Dispute By Mediation?
9. Are All Disputes Susceptible To Mediation?
10. Should I Suggest Mediation To Parties Who Have Already Decided On Arbitration?

The Role Of The Mediator

11. How Do Parties Pick A Mediator?
12. Do Some Cases Need More Than One Mediator?
13. Do I Have To Be An Attorney In Order To Be A Mediator?
14. How Can I Understand The Legal Issues If I Am Not An Attorney?
15. Should I Have The Parties Sign A Written Agreement?
16. How Do I Protect Myself From Liability?
17. If I Am A Good Arbitrator, Does This Mean I Will Be A Good Mediator?
18. What Do You Mean The Mediator's Authority Must Be Earned?
19. What Questions Do I Ask About The Case When I Am Appointed As The Mediator?
20. What Information Do I Disclose?

Preliminary Procedures

21. How Do I Communicate With The Parties After I Am Appointed As The Mediator?
22. I've Been Appointed And I've Made The Necessary Disclosures - Now What Do I Do?
23. What Do I Discuss In The Preliminary Conference Call?
24. What Should The Parties Include In The Pre mediation Memorandum?
25. Should I Limit The Length Of The Parties Pre mediation Memorandum?
26. What Documents Do I Need To Review After I Am Appointed As The Mediator?
27. What Schedule Should I Propose For The Mediation?
28. Should The Parties Bring Their Attorneys To The Mediation?
29. Why Are Attorneys Sometimes An Impediment To Mediation?
30. What Can I Tell Attorneys To Educate Them As To Mediation?
31. Is There Any Advice I Can Give To Attorneys Who Are Not Familiar With Mediation?
32. What Do The Parties Need To Do To Prepare For Mediation?
33. What If The Parties Ask Me To Arbitrate The Dispute If The Mediation Does Not Result In A Settlement?

Conducting The Mediation - Physical Setting And General Procedure

34. Where Should The Mediation Be Conducted?
35. What Facilities Do I Need To Conduct A Mediation?
36. What Seating Arrangement Is Used For The Mediation?
37. Do I Always Need A Conference Table?
38. What Should Be The Mediator's Demeanor?
39. What Is The General Procedure Used At A Mediation?
40. Who Is Allowed In The Mediation Session?
41. May I Exclude Parties From The Room?
42. What Should I Do If For The First Time At The Mediation

I Recognize A Participant As Someone That I Know?

43. How Do I Avoid Improper Contact With The Parties During The Mediation?
44. What If One Party Is Represented By Counsel And The Other Is Not?
45. Does Mediation Require A Court Reporter And A Transcript Of The Proceedings?
46. Should I Take Notes During The Mediation?
47. Should I Ask Permission To Take Notes?
48. Should I Inform The Parties That I Will Destroy My Notes?
49. Is There Anything I Should Not Do During A Mediation?
50. What Is Co-Mediation?

The Joint Session - The Mediator's Opening Statement

51. What Is The Purpose Of The Mediator's Opening Statement?
52. How Do I Explain The Mediator's Role And The Mediation Process In My Opening Statement?
53. What Authority Do I Have In The Mediation Process?
54. How Do I Begin To Establish Authority?
55. Should I Describe My Background In Detail?

The Joint Session - The Parties Opening Statements

56. How Do The Parties Present Their Opening Statements?
57. Why Do Some Mediators Consider The Parties Opening Statements The Most Important Part Of The Mediation Process?
58. What Can I Learn From The Demeanor Of The Parties In The Joint Session?
59. Is There Another Way To Begin The Mediation Instead Of Allowing The Parties To Make Opening Statements?
60. What Are The Advantages And Disadvantages Of Allowing The Parties To Make Opening Statements?
61. How Do I Distinguish Between Argument And Fact?
62. How Do I React To The Parties Opening Statements?
63. What Can I Do If I Believe An Opening Statement Is Too Long Or Too Detailed?
64. What Comments Do I Make At The Close Of The Parties' Opening Statements?
65. What If A Party Brings Voluminous Documentation To The Mediation?
66. What Do I Need To Accomplish In The Joint Session?
67. How Do I Assure That I Have Understood What The Parties Have Said In Their Opening Statement?
68. Should I Rank Issues In Order Of Priority?

The First Private Caucus

69. What Happens In The First Private Caucus?
70. Should I Have The Parties Rank The Issues In Order Of Importance?
71. What Effect Does Divulging Confidential Information Have On The Parties?
72. What Questions Should I Ask In The First Private Caucus?
73. How Do I Inform A Party Of A Weakness In Its Case?
74. If It Appears That There Is An Important Question Or An Issue That Both Parties Are Intentionally Avoiding, Should I Ask The Question Or Raise The Issue?
75. What If A Party Fails To Answer My Question In The Private Caucus?
76. How Do I Get Past A Party's Certainty?
77. What Are Hidden Agenda Items And Why Are They Important?
78. What Are "Throw-Away" Issues And Why Are They Important?
79. What If A Party Seeks Legal Advice From Me During The Caucus?

Dealing With Attorneys And Evidentiary Concepts

80. How Do I Deal With Hostile Attorneys?
81. Will Attorneys Make Objections During The Mediation?
82. Does The Person Who Wrote A Document Have To Be Present At The Mediation?
83. Are Summaries Of Documents Properly Submitted In Mediation?

The Second Private Caucus And Beyond - Achieving Settlement

84. How Do The Parties Move Towards Settlement?
85. How Are Settlement Offers Transmitted?
86. How Do The Parties Finally Reach Agreement?
87. How Do I Deal With A Party Who Lacks Settlement Authority?
88. What Can I Do If The Mediation Reaches An Impasse?
89. Should The Parties Put Anything In Writing At The End Of The Mediation If They Reach Agreement?
90. Who Drafts The Settlement Agreement?
91. What If I Believe The Settlement Is Not Fair?

After The Mediation

92. Who May Decide To End The Mediation?
93. 93. When Are My Duties Concluded?
94. What Should I Do With My Notes?
95. What Should I Do With Documents The Parties Have Submitted To Me During The Mediation?
96. May I Discuss The Outcome Of The Mediation?
97. How Is A Mediation Settlement Enforced?
98. What If The Parties Do Not Abide By Their Settlement Agreement?

Getting Paid

99. How Do I Arrange Compensation For My Services?
100. How Do I Make Sure I Am Paid?


101. This Is Your Question!

In Addition To Answering The Questions Listed Above, Basic Skills For The New Mediator Contains The Following Appendices:

Appendix A Sample Agreement Between Mediator And The Parties
Appendix B The Stages Of Mediation
Appendix C Everything You Never Wanted To Know About The Rules Of Evidence

Other Editions of Basic Skills for New Mediator

Basic Skills for the New Mediator by Allan H. Goodman - ISBN 9780967097336