Originally from:
AAA Handbook on Mediation - 2nd Edition - Electronic
AAA Handbook on Mediation - 2nd Edition - Hardcover
CHAPTER 51- Preview Page
QUESTIONS CLIENTS HAVE ABOUT WHETHER (AND HOW) TO MEDIATE AND HOW COUNSEL SHOULD ANSWER THEM
Kent B. Scott and Cody W. Wilson
I. Introduction
If a client is involved in a dispute, the chances are good that it could be settled without going to court with the help of a neutral, independent mediator. Many jurisdictions recognize the importance of considering alternatives to litigation and require attorneys to discuss alternative dispute resolution (ADR) options with their clients. If the client’s jurisdiction doesn’t have this requirement, counsel should have this discussion anyway so that the client can decide whether it is in his or her best interest to mediate.
This chapter poses questions that clients have about mediation. We have found that mediation is most successful when attorneys and clients work through these questions together and map out a plan to achieve...
Full TABLE OF CONTENTS from "AAA Handbook on Mediation - 2nd Edition"
Foreword
James R. Holbrook
Douglas E. Noll
Cris M. Currie
Ira B. Lobel
Mark R. Sherman
Steven L. Schwartz
Gerald F. Phillips
David L. Erickson and Peter Geoffrey Bowen
Amy L. Lieberman
Roger J. Peters and Deborah Bovarnick Mastin
Peter J. Comodeca
Bruce A. Blitman
Joel E. Davidson
Howard D. Venzie, Jr.
Jordi Agustí-Panareda
John Patrick Dolan
Bennett G. Picker
Gerald F. Phillips
Judith B. Ittig
Donald R. Philbin, Jr.
William A. Blancato and C. Allen Gibson, Jr.
Robert S. Peckar
Fred D. Butler
Cris M. Currie
Lee A. Rosengard
Kevin W. Cruthirds
Mercédeh Azeredo da Silveira
Judith P. Meyer and Irena Vanekova
Nancy Kauffman and Barbara Davis
Gerald S. Clay and James K. Hoenig
Dwight Golann and Marjorie Corman Aaron
James E. McGuire
Donna M. Stringer and Lonnie Lusardo
Richard P. Flake
John M. Livingood
Charles B. Craver
Bruce A. Blitman and Jeanne Maes
Evan Slavitt
Robbie Mac Pherson
Jeffrey L. McClellan
James R. Madison
Karin S. Hobbs
David Grappo
L. Randolph Lowry
L. Therese White and Bill White
Roger M. Deitz
Mori Irvine
Harold I. Abramson
Jeffrey Krivis
Robert W. Hassold, Jr.
Kent B. Scott and Cody W. Wilson
Dennis Sharp
Mattox Hair, Sharon Press and Brooks Rathet
Paul M. Lurie and Jeremy S. Baker
Donald Lee Rome
Elissa Tonkin
Donald Lee Rome
Robert A. Harris
Lynn Sylvester and Ira B. Lobel
Robert S. Peckar
Amy G. London
Albert Bates, Jr. and L. Tyrone Holt
Vivian Berger
Jay W. Stein
Jeffrey Krivis
Bruce E. Meyerson
David J. McLean and Sean-Patrick Wilson
Index
Kent B. Scott is a shareholder in the law firm of Babcock Scott & Babcock, PC in Salt Lake City, Utah whose practice focuses on the prevention and resolution of construction disputes. As a mediator and arbitrator, Mr. Scott currently serves on the American Arbitration Association mediation panel and the AAA Large Complex Construction Case Panel. He also serves on the panels of the U.S. District Court for the District of Utah, Utah State District Court and Utah Dispute Resolution. Mr. Scott is a founding member of the Dispute Resolution Section of the Utah Bar and a trustee of the Utah Council on Conflict Resolution.
Cody W. Wilson is an associate at Babcock Scott & Babcock PC, concentrating on construction law. He is a member of the ABA Forum on the Construction Industry, has received a BV rating by the Martindale-Hubbell Legal Directory and has been named as one of Utah's Legal Elite Lawyers in the area of Construction Law by Utah Business Magazine. Mr. Wilson currently serves as the Secretary to the Utah State Bar's Construction Law Section.
