COMMERCIAL LAW
ANATOMY OF A MEDIATION A DEALMAKER ’ S DISTINCTIVE APPROACH TO RESOLVING DOLLAR DISPUTES AND OTHER COMMERCIAL CONFLICTS
James C . Freund ( Retired Partner , Skadden , Arps , Slate , Meagher & Flom LLP )
This title guides lawyers and their clients down paths to best practices and tactics to use when confronted with mediations . Its author , a longtime corporate dealmaker turned mediator , shares the takeaways he ’ s garnered over a decades-long career to help practitioners understand the problem-solving processes and strategies required to represent clients effectively during the mediation process .
Structured around a series of hypothetical disputes , the book details a trained mediator ’ s incremental process on how parties can reach effective compromises around dollar , deal , multi-party , and global disputes . It also explores specific practice pointers for lawyers who are preparing for upcoming mediations , including negotiation tactics , fortifying the lawyer-client relationship , and approaches to dealing with mediators .
1 softbound volume , 376 pages , $ 29 , Item # 44473 , ISBN 978-1-4024-1857-0
CONTENTS
IN A NUTSHELL PART I : THE CASE FOR MEDIATION 1 Why Disputes Should Be Settled 2 Why Resolving Disputes Is Such
Tough Work 3 Why Mediation Can Work Where
Direct Negotiations Fail 4 About the Mediator 5 The Initial Steps of a Mediation
PART II : MEDIATING THE DOLLAR DISPUTE 6 The Put Case 7 The Beginning Joint Session 8 The Caucus Discussion of the Merits 9 Developing the Mediator ’ s
Strategy 10 Dealing with the Parties on the Dollars 11 The Endgame 12 What if ... ? 13 The Art Case 14 The Mediator ’ s Proposed
Resolution
PART III : DEAL-DISPUTE MEDIATING
15 The Contrast with One-Shot Dollar Disputes 16 The Split-Up Case
17 |
The Mediator at Work |
18 |
The Mediator ’ s Realistic |
Expectation |
19 |
Narrowing the Gaps |
20 |
Final Steps |
PART IV : MEDIATING MULTI-PARTY |
DISPUTES |
21 |
Three ’ s a Crowd |
22 |
The Casino Caper |
23 |
Devising a Strategy |
24 |
Reaching a Resolution |
PART V : REPRESENTING A PARTY IN MEDIATION 25 Negotiating — The Mediation
Lawyer ’ s Key Attribute 26 The Lawyer-Client Relationship 27 The Lawyer ’ s Dealings with the Mediator
WRAPPING UP Appendices
A The Mediation Morning Line
B Different Strokes — A Comparison Between Mediating Global Conflicts and Commercial Disputes C On the National Scene D My Mediator ’ s Pep Talk to the Parties
ARBITRATING COMMERCIAL DISPUTES IN THE UNITED STATES
Edited by David C . Singer ( Independent Arbitrator and Mediator ; Former Partner , Dorsey & Whitney LLP )
This treatise arms attorneys confronting commercial law disputes with best practices and practice tips for resolving business conflicts in arbitration . The editor has handled more than 100 cases involving executive employment agreement issues , breaches of duty , and other corporate actions . He has also served as a neutral mediator in more than 100 commercial cases .
With the help of an esteemed roster of contributing authors , this title offers practitioners an overview of how commercial arbitrations operate , along with how courts interpret and enforce commercial arbitral awards .
Receive new updated material for this title as it becomes available through PLI ’ s Upkeep Service .
1 hardbound volume , 488 pages , $ 329 , Item # 293630 , ISBN 978-1-4024-3659-8 , Updated as needed
CONTENTS
1 Introduction 2 Historical Background 3 The FAA Statutory Framework 4 Arbitrability and Jurisdiction 5 Privacy and Confidentiality 6 Commencing the Arbitration 7 Selecting the Arbitrators 8 Requests for Interim Relief 9 The Preliminary Conference 10 Discovery 11 Motions 12 Lead-Up to the Evidentiary Hearing 13 The Evidentiary Hearing 14 The Award 15 Confirmation and Vacatur of Awards 16 Appeals Within the Arbitration Process 17 Arbitration Ethics 18 International Commercial Arbitration in the
United States
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