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Table of Contents
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| Mediate, Don't Litigate
provides detailed information on settling divorce,
business and employment disputes, as well as sample
mediation rules, contact information for state,
national and regional mediation organizations, and
the standards of conduct for mediators. |
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Mediate, Don't
Litigate: Strategies for Successful Mediation
By Peter Lovenheim & Attorney Lisa Guerin, Nolo Press
Venue:
Description:
Going to court to resolve legal disputes is stressful, expensive
and time-consuming. Consider a better alternative: Mediation.
Then turn to Mediate, Don't Litigate to guide you through
the entire process.
Let this easy-to-use book show you how to:
- choose a mediator
- prepare a case
- negotiate successfully
- write a binding agreement
- protect your interests in case mediation fails
Table of Contents
Introduction
- A. Understanding Mediation
- B. Using This Book
1. Mediation Basics
- A. What Is Mediation?
- B. How Do Cases Get to Mediation?
- C. Anatomy of a Mediation
- D. Mediation vs. Other Forms of Dispute Resolution
2. Deciding Whether to Mediate
- A. What Types of Disputes Can Be Mediated?
- B. Advantages and Disadvantages of Mediation
- C. When Mediation Makes Sense
- D. Factors Opposing Mediation
3. Choosing a Mediator
- A. Mediators and Mediation Services
- B. Gathering Leads
- C. Selecting the Right Mediation Service
- D. Selecting a Mediator
4. Starting Your Mediation Case
- A. Is Your Case Ready for Mediation?
- B. How to Propose Mediation
- C. Starting Your Case With a Mediator or Mediation Service
- D. Securing an Agreement to Mediate
5. Preparing for Your Mediation
- A. Review Paperwork
- B. Set Your Goals
- C. Gather Evidence
- D. The Pre-Mediation Memorandum
- E. Who Should Attend the Mediation
6. The Six Stages of Mediation
- A. Stage One: The Mediator's Opening Statement
- B. Stage Two: The Parties' Opening Statements
- C. Stage Three: Discussion
- D. Stage Four: The Caucus
- E. Stage Five: More Joint Negotiations
- F. Stage Six: Closure
7. Write an Agreement That Works
- A. Why You Need a Written Agreement
- B. Ten Guidelines for Writing an Effective Agreement
- C. Sample Agreements
- D. Make Your Agreement Legally Enforceable
- E. Providing for a Lawyer's or Other Adviser's Review
- F. Signing the Agreement
8. If You Don't Reach an Agreement
- A. Get Help from the Mediator
- B. Small Claims Court
- C. Arbitration
- D. Start a Lawsuit
9. If Your Mediation Agreement Doesn't Work
- A. Changing Your Agreement
- B. If the Other Party Reneges
10. Divorce Mediation
- A. What Is Divorce Mediation?
- B. Issues Common to Court-Sponsored and Private Mediation
- C. Court-Sponsored Divorce Mediation
- D. Private Divorce Mediation
11. Mediating Business Disputes
- A. Selecting a Business Mediator
- B. Business Disputes That Can Be Mediated
- C. Getting Your Case to the Table
- D. Preparing for Your Business Mediation
E. Inside the Mediation Session
- F. Writing the Agreement
- G. Other Dispute Resolution Procedures for Business
Cases
12. Mediating Employment Disputes
- A. Deciding Whether to Mediate
- B. Choosing a Mediator
- C. Preparing for the Mediation
- D. Settlement Options
13. Lawyers and Legal Research
- A. Using a Lawyer in Mediation
- B. Legal Research
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
Index
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