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The Complete Guide to Mediation
By Forrest S. Mosten
1997, American Bar Association (441 Pages)
$84.95
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This cutting-edge Treatise provides a conceptual, policy and skill-building overview of the field of mediation. Focusing on the role of lawyers as both client representatives and neutrals, this book contains a wealth of information, resources and practice forms for mediators, therapists, lawyers and other professionals.
Read what others have to say about this book and look at the overview of contents.
“Mr. Mosten's Guide is a blueprint for establishing and operating a mediation practice that works to benefit the entire community.”
Roberta Cooper Ramo, Past President,
American Bar Association
“At last there is a book which clearly explains the role of the lawyer in mediation as either a consumer or provider. Well documented, the book explains the details of mediation and should certainly be on the bookshelf of every practicing attorney. It fills a much needed gap in the literature for lawyers.”
John M. Haynes, Ph.D.
Author, Fundamentals of Family Mediation
Founding President of the Association for Conflict Resolution, Northport, NY
“The Compete Guide to Mediation is a state of the art comprehensive sourcebook written by a knowledgeable and highly respected authority. In clear, concise language - without legal jargon--and with compassion and wit, Mosten provides a detailed road map through the complex process of mediation. Although intended as an introductory guide for lawyers, therapists and experienced mediators will find this volume an indispensable resource.”
Dr. Constance R. Ahrons
The Good Divorce, Los Angeles, CA
“The Complete Guide to Mediation is helpful for lawyers and non-lawyers alike. Forrest Mosten has managed to capture in readable language the essence of today's mediation process. This new guide will be on my desk where I can readily find it!”
Honorable Frank G. Evans
Houston, TX
The Complete Guide to Mediation
By Forrest S. Mosten
Overview of Contents
Foreword by Roberta Cooper Ramo,
Past President, American Bar Association
Eleven Questions About Mediation
Exhibit: Signals that Mediation Should Be Considered
Chapter 1: Pressures on Family Law Practice
Chapter 2: What is Mediation?
Exhibit: Mediation Interventions or Moves
Chapter 3: What Happens in Mediation?
Exhibit: Mediation Protocol
Exhibit: Indicators that Mediation Is Appropriate
Exhibit: Mediation Retainer Agreement
Exhibit: Sample Letter Following Orientation Session
Exhibit: The Mediation Abacus
Chapter 4: The Benefits of Mediation to Clients and Lawyers
Chapter 5: Setting Up a Mediation-Friendly Law Office
Exhibit: Client Library Packets
Exhibit: Sample Letter to Client
Exhibit: Sending Out Mediation Packet and Setting Appointment
Chapter 6: The Lawyer as a Dispute Resolution Manager:
The Ethical Duty to Advise Clients About Alternatives to Litigation
Exhibit: ADR Pledge
Chapter 7: Mediation in the Courts
Chapter 8: Therapist/Mediators
Chapter 9: Lawyer/Mediators
Chapter 10: Variations on the Mediation Theme
Chapter 11: Co-Mediation
Chapter 12: Cases from Hell: Mediated Case Management
Chapter 13: Is the Mediator Competent?
Chapter 14: Mediation Training
Exhibit: Family Law Mediation Case Summary
Exhibit: List of Mediation Training Organizations
Chapter 15: Setting Up the Mediation
Exhibit: Overcoming Resistance to Mediate
Exhibit: Mediation Checklist
Chapter 16: The Lawyer's Role During Agreement Making
Exhibit: Mediation Summary Letter Following Session with Parties and Attorneys
Exhibit: Mediation Summary Letter Following Session with Parties, Counsel and Family Therapist
Exhibit: Mediation Summary Letter Following Meeting with Parties' Forensic Accountants
Exhibit: Mediation Summary Letter Following Session with Parties After Attorney Review
Chapter 17: Lawyer Review of the Mediated Agreement
Chapter 18: Drafting Court and Ancillary Documents
Chapter 19: Preventing Future Conflict
Exhibit: Sample Mediation Clauses (Basic and Custom)
Exhibit: Stipulation for Confidential Mini-Evaluation (CME)
Exhibit: Sample Personal Legal Checkup
Chapter 20: New Mediation-Related Service Products
Exhibit: Limited-Scope Engagement Agreement
Exhibit: Unbundling Packet for Clients
Chapter 21: Marketing Mediation-Related Service Products
Exhibit: ADR Brochure - Beverly Hills Bar Association
Exhibit: Yellow Page Advertisements
Exhibit: Sample Letter to Referral Source
Exhibit: Marketing Self-Survey for Mediation-Friendly Lawyers
Chapter 22: Mediation's Legacy: The Family Law System of the Future
Appendix 1: ABA Model Standards of Conduct for Mediators
Appendix 2: Highlights in Divorce Mediation Research
Appendix 3: Glossary of Mediation Terms
Appendix 4: Client Library - Catalog of Books and Videotapes
“Forrest Mosten's book is comprehensive, user-friendly and informative. It is a must read for every lawyer and mediator.”
Cinnie Noble
Lawyer, Toronto, Canada
“This is a great book for lawyers. Mr. Mosten has performed a service by introducing this book to allay the fears of many lawyers that mediation will cut into their revenues.”
Nancy Manning
Lawyer, Rapid City, South Dakota
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