This title was first published in 2000. The trend in the public courts and in the private sector toward resolving civil cases through mediation, as opposed to arbitration or trial, seems inescapable. This book documents the emergence of a burgeoning private dispute resolution industry utilizing the services of retired judges, many of whom left the bench early to work as professional mediators.
Contents: Introduction to the work of judge-mediators; Historical developments in court settlement work and the rise of JAMS: a description and comparison of the public and private settings; Money damage mediation: large and small; The initial joint session and the private conference system; Recurrent obstacles to settlement and routine devices for overcoming them; Talking money: mediating bilateral solutions in the face of unilateral bargainers; Substantive professional competency: legally-grounded and case-specific concession-seeking; Conclusion; Methodological appendix; References.
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