Basic Skills for the New Mediator

This is an overview of mediation, from premediation conference through all stages of the mediation session. The book answers 100 questions frequently asked by new mediators. The section "Everything you never wanted to know about the rules of evidence" should prove useful for the non-attorney mediator, who sometimes deals with the evidentiary vocabulary of the legal profession. Learn to establish authority as a mediator; schedule the mediation session; deliver the mediator's opening statement; prioritize issues; preside during joint sessions; conduct private caucuses; overcome impasses; identify "hidden agenda" and "throwaway" items; deal with parties who lack settlement authority; and aid parties to achieve a viable settlement.

Table of Contents:
What is mediation?; what is the goal of mediation?; why does mediation work?; how does mediation work?; what is the difference between mediation and arbitration?; is mediation the same as non-binding arbitration?; what if both parties have claims against each other?; when do parties agree to resolve a dispute by mediation?; are all disputes susceptible to mediation?; should I suggest mediation to parties who have already decided on arbitration?; how do parties pick a mediator?; do some cases need more than one mediator?; do I have to be an attorney in order to be a mediator?; how can I understand the legal issues if I am not an attorney?; should I have the parties sign a written agreement?; how do I protect myself from liability?; if I am a good arbitrator, does this mean I will be a good mediator?; what do you mean the mediator's authority must be earned?; what questions do I ask about the case when I am appointed as the mediator?; what information do I disclose?; how do I communicate with the parties after I am appointed as the mediator?; I've been appointed and I've made the necessary disclosures - now what do I do?; what do I discuss in the preliminary conference call?; what should parties include in the premediation memorandum?; what documents do I need to review after I am appointed as the mediator?; what schedule should I propose for the mediation?; should the parties bring their attorneys to the mediation?; why are attorneys sometimes an impediment to mediation?; what do the parties need to do to prepare for mediation?; what if the parties ask me to arbitrate the dispute if the mediation does not result in a settlement?; where should the mediation be conducted?; what facilities do I need to conduct a mediation?; what seating arrangement is used for the mediation?; do I always need a conference table?; what should be the mediator's demeanour?; what is the general procedure used at a mediation?; who is allowed in the mediation session?; may I exclude parties from the room?; what should I do if for the first time at the mediation I recognize a participant as someone that I know?; how do I avoid improper contact with the parties during the mediation?; what if one party is represented by counsel and the other is not?; does mediation require a court reporter and a transcript of the proceedings?; should I take notes during the mediation?; should I ask permission to take notes?; should I inform the parties that I will destroy my notes?; is there anything I should not do during a mediation?; what is co-mediation?; the joint session - what is the purpose of the mediator's opening statement?; what authority do I have in the mediation process?; how do I begin to establish authority?; how do the parties present their opening statement?; what can I learn from the demeanour of the parties in the joint session?; what are the advantages and disadvantages of allowing the parties to make opening statements? (part contents).