Guide · Dispute Resolution
Mediation Advocacy and Negotiation: A Comprehensive Guide to Preparing, Framing, and Closing a Settlement
9 U.S.C. §§ 1
- Type
- Guide
- Jurisdiction
- National
- Date
- 2024-02-21
- Topic
- Dispute Resolution
This guide covers mediation advocacy and negotiation for lawyers and parties, from case selection through the enforceable agreement. Part 1 distinguishes mediation from arbitration and evaluation and explains why the difference changes every number in the analysis. Part 2 covers preparation: the reservation value calculated honestly, the client conversation, authority, and liens negotiated in advance. Part 3 covers the submission and the paragraph that matters most, and Part 4 covers the structure of the day and what each phase accomplishes. Part 5 covers negotiation mechanics: anchoring, concession patterns, bracketing, mediator's proposals, non-monetary trades, and the outside pressure created by offers of judgment and the trial date. Part 6 covers confidentiality and its real limits, and Part 7 covers drafting, including the jurisdictional retention that Kokkonen requires. Part 8 covers impasse and what to do afterward, and Part 9 covers mediating specific case types from personal injury to employment to family businesses. Part 10 covers mediator selection, ethics, and practice notes by role.
The full text of this document is available to Executive subscribers and above. See plans.