Mediation as a method of dispute resolution is well known and practised worldwide, and this book provides the knowledge necessary for those actively involved in mediation work as well as for those who need to learn the process.
This is an invaluable guide on how to mediate, what forms should be used and what techniques can be applied by the mediator to obtain a successful result. It also provides essential guidance on how to deal with large, complex international commercial disputes and their effective administration.
Key features of this book include:
• In-depth discussion of both the existing and historical international case law on mediation including its history under the British Common law, European Civil law and Muslim Shari’ah law.
• Analysis of the differences between the various forms of mediation agreements with sample wording to add to or modify these forms as needed.
• In-depth discussion of the ethical requirements relating to mediation and mediators.
• Sample forms for use in commencing mediation.
• In-depth discussion of actual mediations, how they should be conducted, techniques to use and sample forms.
• General forms for use in complex international mediation, form agenda and mediation statements.
• Mediator disclosure forms, questionnaires for potential mediators and parties and comparison of mediation agreements and sample forms.
• Discussion of how to effectively use witnesses and the preparation and presentation of witness statements in mediation.
• International case studies with statements of claims and responses.
This book will be essential reading for those involved in international commercial and construction mediation.
Table of Contents
Chapter 1. The Dispute Process - Why Settle? Chapter 2. Why Mediate – It Is an Old Story Chapter 3. Why Mediate – Today Chapter 4. The Development of Contemporary Mediation Worldwide Chapter 5. The Process Chapter 6. Interests and Negotiation Chapter 7. Conducting a Mediation Session Chapter 8. Preventing Settlement Remorse in Mediation Chapter 9. Mediation Party Forms, Questionnaire, and Documents Chapter 10. The Mediator’s Pre-Mediation Information and Dispute Management Chapter 11. Structured Mediation Boards – Forms and Documents Chapter 12. What Does the Mediator Do Chapter 13. Mediator Control and Payment Chapter 14. Mediation Commencement and Other Issues Chapter 15. Finding the Truth Chapter 16. Mediation Styles Chapter 17. Commercial Mediation Techniques Chapter 18. Procedures, Proceedings and Check Lists Chapter 19. Reaching Agreement Chapter 20. Mediator Ethics Chapter 21. Special Forms and Agreements Chapter 22. Legal Issues in Mediation Chapter 23. Additional Mediation Forms and Agreements Chapter 24. Representing Parties In Mediation Chapter 25. Advanced Techniques
Dr Cyril Chern is a Barrister practising at Crown Office Chambers, London. Additionally he is a Chartered Architect, Fellow of the Chartered Institute of Arbitrators, a Chartered Arbitrator, Accredited Mediator and Adjudicator and holds the degrees of BArch (Honours) in Architecture & Engineering and Juris Doctor. He has practised since 1972 specifically in the areas of engineering and construction disputes in the United Kingdom, the EU and internationally.