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Business Mediation - What You Need to Know

NCJ Number
R Coulson
Date Published
128 pages
This booklet reviews the process of business mediation, areas of dispute, issues related to the mediator, and the negotiation process.
Negotiation is so much a part of mediation that the book's initial focus is on how business disputes are resolved through direct negotiations between representatives of the companies involved. Issues considered are the rationale for negotiation, understanding expectations, negotiating power, strategy, and preparation. The discussion of issues related to the mediator addresses the initiation of mediation, mediator appointment, the parties' role in the mediation, mediator characteristics, the lawyer as mediator, the mediator's role and functions, and mediator training and compensation. Among the topics covered in the discussion of the mediation process are the initial meeting, information exchange, the creation of a bargaining relationship, identifying issues, controlling discussions, reaching closure, and ensuring enforcement. Areas of dispute reviewed include an injured shopper, the construction of a settlement, and a partnership buyout. Appendixes contain commercial mediation rules, Hawaii's standards for mediators, mediator training materials, 70-item bibliography, and the addresses of American Arbitration Association Offices.