The complete guide to mediation : how to effectively represent your clients and expand your family law practice

It's been 20 years since the first edition of The Complete Guide to Mediation was published and there have been many developments in dispute resolution during this time. One major change is the growing acceptance and use of mediation within the family law field. With this in mind, the authors took great care to focus this book exclusively on the role and practice of family lawyers. This second edition of The Complete Guide to Mediation provides a multitude of strategies as well as resources for family lawyers to put into immediate uses in their practices.An essential underpinning of mediation is the creative use of collaboration in divorce cases. This book will provide you eye-opening proven strategies from experts on techniques such as the art of listening, collaboration, dissecting information, empathy, peacemaking, and reconciliation.As a family law practitioner, if you want to become a more effective mediator, counselor and advocate for your clients and expand your practice, this is absolutely the book for you. The authors have skillfully designed a roadmap for you towards success including and answering some of the most commonly asked questions when representing clients in mediation. Listed below are the top five questions. If both lawyers are settlement-minded, why should we spend money for yet another professional and hire a mediator? Isn't mediation just another form of one attorney having dual representation of two parties with all of the limitations that such conflict situations bring with them? Do I have legal malpractice exposure if I sign off on an agreement that is worked out in mediation when I am not there? Why should I refer another case to mediation? Could I be sued for giving a negligent referral? For a complete list of the questions and more importantly the answers from two of the masters in family law mediation, buy this book today."

Eleven questions most commonly asked about representing clients in mediation -- Expanding your practice by representing clients in mediation -- Family lawyer as dispute resolution manager -- Mediation confidentiality -- Representing clients in court-ordered mediation -- Using a limited scope approach (unbundling) to represent clients outside and inside the mediation room -- Representing clients in mediation with a collaborative lawyering approach -- Setting up the mediation -- Building an agreement your client can live with -- Reaching agreement -- Reviewing and drafting mediated agreements -- Preventing future conflict -- Be a peacemaker -- Glossary -- Appendix A. Model standards of practice for family and divorce mediation (2000) -- Appendix B. Highlights in divorce mediation research -- Appendix C. Key California mediation confidentiality cases -- Appendix D. Phrases for active listening and to prevent miscommunication -- Appendix E. Divorce mission statement -- Appendix F. Sample agreement for consulting attorney services -- Appendix G. Sample estimate of consulting lawyer fee -- Appendix H. Notice of limited scope representation -- Appendix I. Factors affecting appropriateness of mediation, collaborative law, and cooperative law procedures -- Appendix J. Client information about collaborative representation -- Appendix K. Sample letter to client discussing risks of going into mediation -- Appendix L. Sample mediator's contract -- Appendix M. Sample estimate of mediation expenses -- Appendix N. Sample agenda for divorce mediation -- Appendix O. Sample client handout : my role as your collaborative lawyer -- Appendix P. Sample agreement for attorney disqualification in mediation -- Appendix Q. Sample dispute resolution protocol and mediation clause -- Appendix R. Personal legal wellness checkup and protocol -- Appendix S. Required statutory forms for financial disclosure (California) -- Appendix T. Court endorsement of ADR (San Mateo County) -- Appendix U. Letter from presiding judge of Family Law Division endorsing mediation (English and Spanish) -- Appendix V. Making your office a classroom for client education.