Advising and Representing Clients at Mediation (Paperback, 2nd Revised edition)

'Advising and Representing Clients at Mediation' is an invaluable guide for lawyers, surveyors and other professionals. It will assist at every stage of the mediation process from persuading the other party to mediate and preparing for and taking part in the mediation itself to advising clients on what to expect and how to conduct themselves at a mediation. The book also offers extensive checklists and precedents, practical advice from experienced mediators, and a clear explanation of the law as it currently stands. The book is fully updated with all the changes in the mediation sector including new relevant case law, the new approaches created by the Jackson reforms and the Jackson ADR Handbook, and the latest thinking on ADR processes and procedures. "Every now and then a book is published for legal representatives that goes beyond a mere analysis of the law and technical guidance, and makes the reader stop and think. This is one such publication. I wish I had read this book before I first represented clients as a solicitor at mediations. Now, as a commercial mediator, plenty in the book resonates with my own experiences. It is packed with real-life tips and examples. It will help a representative get the very best out of the mediation process for their client." The Law Society Gazette (from the review of the previous edition)

General

Imprint:	Wildy, Simmonds and Hill Publishing
Country of origin:	United Kingdom
Release date:	November 2019
Authors:	Stephen Walker • David Smith
Dimensions:	216 x 138 x 37mm (L x W x T)
Format:	Paperback
Pages:	256
Edition:	2nd Revised edition
ISBN-13:	978-0-85490-277-4
Categories:	Books > Law > Jurisprudence & general issues > Legal skills & practice > General Books > Law > Laws of other jurisdictions & general law > Courts & procedure > Arbitration procedure
LSN:	0-85490-277-5
Barcode:	9780854902774

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My review

Wed, 20 May 2020 | Review by: Phillip T.

AN INFORMATIVE SHORT WORK FOR ALL PARTICIPANTS INVOLVED IN MATTERS CONCERNING MEDIATION An appreciation by Elizabeth Taylor of Richmond Green Chambers and Phillip Taylor MBE, Head of Chambers, Reviews Editor, “The Barrister”, and Mediator If you are a mediator already, or are thinking of participating in the mediation process, “Advising and Representing Clients at Mediation” by Stephen Walker and David Smith is an invaluable guide for you. It’s a book, now in a second edition, which will be very useful to lawyers, surveyors and other professionals. It fills an important gap with the main work on the subject “The Jackson ADR Handbook” which, alas, only devotes a couple of pages to mediation advocacy- that handbook tells you what mediation is whilst Walker and Smith tell you how to do it. We found when reading the book that it gives comforting assistance throughout each stage of the mediation process. It begins with “the difficult bit” of attempting to persuade the (possibly sceptic) other party whom we call “a participant” to mediate. The authors take us through preparing for and taking part in a mediation. The range and focus of the book are rightly intended to be relatively narrow. It’s a book for those who attend civil and commercial mediations (the majority at present) whilst the specialist areas such as family and workplace mediations remain highly specialised. Walker and Smith also offer sensible and practical tips to advise clients on what to expect and how they should conduct themselves throughout a mediation. In fact, very useful advice and guidance is given here without theoretical or historical referencing. “We do not discuss the Confucian or Phoenician origins of mediation” say the authors. Thank you! We are relieved because of the serious attitude problems which can often be displayed during the open and closed mediation sessions. The book also offers extensive checklists and precedents, practical advice from experienced mediators, and a clear explanation of the law as it currently stands. It is intended for anyone who represents a client at a mediation. The second edition is practical, and contemporary has been fully updated with all the changes in the mediation sector including new relevant case law. These new approaches created by the Jackson reforms, and the excellent Jackson ADR Handbook which is the main reference book, plus the latest thinking on ADR processes and procedures are, we think, very well covered in a succinct manner in this short work which compliments the Handbook very well for the busy professional. Some readers may think that Walker and Smith are “teaching them to suck eggs”. Just for clarity, the writers say, “we are sorry”, and that you (the experienced reader) can skip those sections while remembering “that eggs are good for you”. The point being that every mediation is different, and it throws up its own problems. The law is as stated on 1st May 2019. The publication date of this paperback second edition from Wildy is cited as at 15th November 2019.

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