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This book provides a detailed overview of arbitration, from the pre-hearing phase through the hearing and deliberation of the award. It guides the new arbitrator through the arbitration process by answering the one hundred questions most frequently asked by new arbitrators. This book has been used successfully for self-instruction and as a training manual. It is not just for new arbitrators! Experienced arbitrators and attorneys who represent clients in arbitration will find this manual extremely useful. The discussion of evidentiary concepts is especially valuable for non-attorney arbitrators, who must deal with the evidentiary vocabulary of the legal profession. You will learn to provide the necessary ethical disclosures, conduct a preliminary conference issue pre-hearing orders, establish a discovery schedule, resolve discovery disputes, deal with attempted delays, preside at a hearing, render an award, and avoid prejudicial conduct.
This book provides a detailed overview of mediation, from the premediation conference through all stages of the mediation session. It guides the new mediator through the mediation process by answering the one hundred questions most frequently asked by new mediators. The book has been used successfully for self-instruction and as a training manual. Experienced mediators and attorneys who represent clients in mediation will also find this book extremely useful. The Appendix 'Everything You Never Wanted to Know About the Rules of Evidence' is especially valuable for the non-attorney mediator, who must often deal with the evidentiary vocabulary of the legal profession. You will learn to establish your authority as a mediator, schedule the mediation session, deliver the mediator's opening statement, prioritise issues, preside during joint sessions, conduct private caucuses, overcome impasses, identify 'hidden agenda' and 'throwaway' items, deal with parties who lack settlement authority, and aid parties to achieve a viable settlement.
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