The Commercial Mediator's Handbook uses a more narrow definition of mediation and addresses the commercial mediator's need for a theory-based, yet practical, guide to preparing for, conducting, and managing commercial disputes.
Part One draws from several traditional disciplines to provide the theoretical framework. Chapters 2 and 3 introduce systems theoretical framework to commercial mediation. Chapter 4 outlines the most common sources of conflict encountered by commercial mediators, and Chapters 5 and 6 focus on the group and personal dynamics involved in every mediation session.
Part Two provides a practical outline of the components of a commercial mediation session, from preparation to agreement, step by step, and includes sections that differentiate between positional negotiation and interest-based negotiation along with proven techniques for breaking impasse. Part Three provides practical information about the role players common to commercial mediations: lawyers, insurance adjusters, and experts, and addresses the mediator’s ethical considerations.
Finally, the Appendix contains commercial mediation forms in a ready-to-use format, ranging from scheduling and confirmation letters to a Confidential Mediation Submission and an Agreement to Mediate. The Appendix also introduces and explains the Commercial Mediator's Diagram, which allows the practitioner to conceptualize the parties' dispute graphically.
About the Author
Paul L. Warren is a principal of Mediation & Arbitration Services of Virginia, LLC, where he provides alternative dispute resolution services to his corporate clients. Mr. Warren is also a founding partner in the law firm of Rephan Lassiter & Warren PLC in Norfolk where he also serves clients in a traditional legal representation in employment, construction, health care, and international transactions. He received his law degree from the Cumberland School of Law, a Master’s Degree in International Transactions from George Mason University, and his undergraduate degree at the University of North Carolina at Chapel Hill. Mr. Warren is the author of The Commercial Mediator’s Handbook: A Practical, Systems-Based Approach, has numerous published papers and articles, and is currently an adjunct professor and the Director of Old Dominion University’s Certificate Program in Conflict Management.
