Recommend to your Librarian

Request a Review Copy


Mediation: A Practical Guide for Lawyers

Marjorie Mantle

Edition: 2

Paperback
£19.99
eBook (ePub) i
£19.99
eBook (PDF) i
£19.99

Useful information, practical tips and case studies to help you put mediation into your legal practice

New for this edition

  • An updated introduction, which now includes a brief look at the keynote address from the Global Pound Conference in Singapore in March 2016 where The Honourable the Chief Justice Sundaresh Menon reflects on the growing use of mediation in the global marketplace
  • Recent case law added: Bristow v The Princess Alexandra Hospital NHS Trust [2015] EWCA Civ 358 (award of costs on an indemnity basis as a sanction for refusal to mediate); Wu Yim Kwong Kingwind v Manhood Development DCCJ 3839/2012 (a case in Hong Kong where the successful Defendant was denied an award of costs because of an unreasonable refusal to mediate) and Ryan v Walls Construction Ltd [2015] IECA 214 (an Irish case where the Court looked at the interpretation of legislation compelling parties to mediate)
  • Takes into account two changes to legislation: the Legal Aid, Sentencing & Punishment of Offenders Act 2012 (which recognises the need for legal aid for mediation to enable access to justice, and the Patient Rights (Scotland) Act 2011 (which includes use of mediation for complaints about the NHS)
  • Includes a new case study on disputes between business partners where the working relationship had broken down
  • New appendix on Online Dispute Resolution
  • An expanded section on 'What situations are suitable?'

This handbook gives legal practitioners, students and new mediators practical guidance on the mediation process. Drawing on her experience as a mediator, academic and a businessperson, Marjorie Mantle takes a down-to-earth approach to mediation, pointing out the pitfalls as well as the benefits.

Show more

Contents

Table of Cases and Legislation
Introduction

  1. What is Mediation?
  2. Key Principles
  3. Mediation in Practice
  4. ‘Selling’ Mediation
  5. Choosing a Mediator
  6. Role of the Legal Practitioner
  7. Mix ’n’ Match

Appendices

  1. Online dispute resolution
  2. Documentation
  3. Sample Contract for Services
  4. Sample Costs, Terms and Conditions
  5. Sample Agreement to Mediate
  6. Sample Settlement Agreement and Joint Minute
  7. Checklist for choosing a mediator
  8. Checklist for preparation
  9. Assessing mediator performance
  10. Checklist for assessing mediator performance
  11. Assessing your own performance
  12. Client profiles and predicting the future
  13. Confidentiality and Privilege
  14. Dispute resolution clauses
  15. Extra people at the meeting
  16. Our multicultural society and mediation
  17. Styles of mediation
  18. Historical background to mediation
  19. European Code of Conduct for Mediators
  20. Case Studies
  21. Useful references, by subject area

Index

About the Author

Marjorie Mantle is an experienced commercial, court and workplace mediator. After completing her law degree in Australia, she worked in the oil industry for 13 years. In 1996 she moved to Scotland, undertaking senior roles in the public and private sectors. Marjorie subsequently established Mediation Scotland, combining this with court-based and legal complaints mediation. She is also an Honorary Lecturer at the University of Dundee.

Reviews

'Marjorie Mantle’s latest book will be an excellent acquisition both for lawyers with mediation experience and those new to mediation. This practical guide brings the subject to life. Her ‘dialogues’ and ‘rants’ are a funny and effective way of explaining what happens at mediation.'

- Rachel Grant, Partner, Brodies LLP Corporate Restructuring and Insolvency Department

Inspection Copy

You must log in or register to request an inspection copy.

You might also like ...