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.

Mediation Advocacy and Negotiation: A Comprehensive Guide to Preparing, Framing, and Closing a Settlement

Dispute Resolution > Mediation | Published 21 February 2024 - Updated 1 October 2025 | UpLaw - uplaw.us

Mediation is the most common way American civil disputes end and the least systematically taught. This guide is an attempt to close some of that gap.

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