Mediate, Don't Litigate : Strategies for Successful Mediation

by Lovenheim, Peter

• ISBN13: 9781413300307
• ISBN10: 1413300308
• Format: Paperback
• Copyright: 2004-05-01
• Publisher: Ingram Pub Services

Summary

Self-help law books from Nolo are, without question, valuable assets to any library and even more so for rural libraries - Peter Bogardus, Attorney Mediator, Gunnison, CO

Table of Contents

Introduction
A. UNDERSTANDING MEDIATION	Intro/3
B. USING THIS BOOK	Intro/3
1 Mediation Basics
A. WHAT IS MEDIATION?	1/3	(1)
B. HOW DO CASES GET TO MEDIATION?	1/7	(1)
C. ANATOMY OF A MEDIATION	1/11	(1)
D. MEDIATION VS. OTHER FORMS OF DISPUTE RESOLUTION	1/16	(1)
2 Deciding Whether to Mediate
A. WHAT TYPES OF DISPUTES CAN BE MEDIATED?	2/3	(1)
B. ADVANTAGES AND DISADVANTAGES OF MEDIATION	2/4	(1)
C. WHEN MEDIATION MAKES SENSE	2/9	(1)
D. FACTORS OPPOSING MEDIATION	2/16	(1)
3 Choosing a Mediator
A. MEDIATORS AND MEDIATION SERVICES	3/4	(1)
B. GATHERING LEADS	3/16	(1)
C. SELECTING THE RIGHT MEDIATION SERVICE	3/17	(1)
D. SELECTING A MEDIATOR	3/22	(1)
4 Starting Your Mediation Case
A. IS YOUR CASE READY FOR MEDIATION?	4/2	(1)
B. HOW TO PROPOSE MEDIATION	4/6	(1)
C. STARTING YOUR CASE WITH A MEDIATOR OR MEDIATION SERVICE	4/13	(1)
D. SECURING AN AGREEMENT TO MEDIATE	4/18	(1)
5 Preparing for Your Mediation
A. REVIEW PAPERWORK	5/4	(1)
B. SET YOUR GOALS	5/10	(1)
C. GATHER EVIDENCE	5/23	(1)
D. THE PRE-MEDIATION MEMORANDUM	5/31	(1)
E. WHO SHOULD ATTEND THE MEDIATION	5/35	(1)
6 The Six Stages of Mediation
A. STAGE ONE: THE MEDIATOR'S OPENING STATEMENT	6/5	(1)
B. STAGE TWO: THE PARTIES' OPENING STATEMENTS	6/10	(1)
C. STAGE THREE: DISCUSSION	6/21	(1)
D. STAGE FOUR: THE CAUCUS	6/26	(1)
E. STAGE FIVE: MORE JOINT NEGOTIATIONS	6/36	(1)
F. STAGE SIX: CLOSURE	6/40	(1)
7 Write an Agreement That Works
A. WHY YOU NEED A WRITTEN AGREEMENT	7/2	(1)
B. TEN GUIDELINES FOR WRITING AN EFFECTIVE AGREEMENT	7/4	(1)
C. SAMPLE AGREEMENTS	7/13	(1)
D. MAKE YOUR AGREEMENT LEGALLY ENFORCEABLE	7/19	(1)
E. PROVIDING FOR A LAWYER'S OR OTHER ADVISER'S REVIEW	7/24	(1)
F. SIGNING THE AGREEMENT	7/25	(1)
8 If You Don't Reach an Agreement
A. GET HELP FROM THE MEDIATOR	8/2	(1)
B. SMALL CLAIMS COURT	8/6	(1)
C. ARBITRATION	8/7	(1)
D. START A LAWSUIT	8/14	(1)
9 If Your Mediation Agreement Doesn't Work
A. CHANGING YOUR AGREEMENT	9/2	(1)
B. IF THE OTHER PARTY RENEGES	9/6	(1)
10 Divorce Mediation
A. WHAT IS DIVORCE MEDIATION?	10/3	(1)
B. ISSUES COMMON TO COURT-SPONSORED AND PRIVATE MEDIATION	10/7	(1)
C. COURT-SPONSORED DIVORCE MEDIATION	10/19	(1)
D. PRIVATE DIVORCE MEDIATION	10/27	(1)
11 Mediating Business Disputes
A. SELECTING A BUSINESS MEDIATOR	11/5	(1)
B. BUSINESS DISPUTES THAT CAN BE MEDIATED	11/8	(1)
C. GETTING YOUR CASE TO THE TABLE	11/12	(1)
D. PREPARING FOR YOUR BUSINESS MEDIATION	11/16	(1)
E. INSIDE THE MEDIATION SESSION	11/16	(1)
F. WRITING THE AGREEMENT	11/18	(1)
G. OTHER DISPUTE RESOLUTION PROCEDURES FOR BUSINESS CASES	11/18	(1)
12 Mediating Employment Disputes
A. DECIDING WHETHER TO MEDIATE	12/5	(1)
B. CHOOSING A MEDIATOR	12/9	(1)
C. PREPARING FOR THE MEDIATION	12/13	(1)
D. SETTLEMENT OPTIONS	12/17	(1)
13 Lawyers and Legal Research
A. USING A LAWYER IN MEDIATION	13/2	(1)
B. LEGAL RESEARCH	13/8
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
0801064597
Acknowledgments	11	(2)
Introduction: How I Learned I Was a "Little Old Lady"	13	(13)
VONETTE BRIGHT: A REVERED ELDER STATESWOMAN	16	(10)
1. Biblical Models: Facing the Future with Vision and Grace	26	(23)
JOY DAWSON: VISION IN THE MIDST OF PAIN	37	(12)
2. Aging through the Ages	49	(24)
ELIZA DAVIS GEORGE: KEEPING PASSION ALIVE TO THE VERY END	63	(10)
3. Growing Old in the Twenty-first Century	73	(21)
LONE LARSON: ATTITUDE IS A DECISION	84	(10)
4. How Baby Boomers Can Prepare for the Second Half of Life	94	(27)
ROBYN CLAYDON: CHOOSING A NEW SECOND HALF	111	(10)
5. Preparing for Difficult Transitions	121	(29)
MAVIS NKOSI: A BURDEN THAT WON'T LET Go	139	(11)
6. How the Church Helps Women Finish Well	150	(29)
WIN COUCHMAN: A WISE WOMAN	168	(11)
7. Finding the Key to Fruitful Bonus Years	179	(21)
NANCY MILLER: TURNING WEALTH INTO A GODLY PASSION	192	(8)
8. Turning Your Heart to God's Passion	200	(22)
EVELYN CHRISTENSON: CAN LIFE BEGIN AT FIFTY?	212	(10)
9. How to Finish Well	222	(15)
BLANCHE BRITTAIN: "JESUS LED ME ALL THE WAY"	232	(5)
Appendix A	237	(2)
Appendix B	239	(2)
Appendix C	241	(2)
Notes	243