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Winning in Commercial Mediation A Business User’s Guide

Winning in Commercial Mediation A Business User’s Guide

£49.99

A practical guide for business owners, directors, shareholders, partners and professionals involved in commercial disputes.

Written by Robin Somerville — barrister, mediator, workplace investigator and judge involved in over 1,000 disputes over more than 20 years.

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    Description

    The guide covers the commercial mediation process from first consideration through to settlement.

    • What Is Commercial Mediation?
      Understanding the process and how mediators facilitate negotiation.
    • Why Should I Agree to Mediation?
      Strategic and commercial reasons to mediate.
    • Will Mediation Save Time, Money and Stress?
      Comparing mediation with litigation and arbitration.
    • Understanding the Mediation Process
      What happens before, during and after the mediation.
    • Confidentiality in Mediation
      How the “without prejudice” rule operates.
    • Refusing Mediation
      When it may or may not be appropriate to decline mediation.
    • Choosing the Right Mediator
      Understanding mediator styles and selecting the right mediator.
    • Legal and Procedural Issues
      Authority to settle, mediation agreements and enforceability.
    • What Happens on the Mediation Day
      Joint sessions, private meetings and negotiations.
    • Preparing Strategically for Mediation
      BATNA, WATNA, ZOPA and negotiation planning.
    • Securing the Best Outcome
      Managing offers, pressure tactics and settlement decisions.

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