Experts in Mediation: Catalysts for Resolution - Chapter 46 - AAA Handbook on Mediation - 2nd Edition

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AAA Handbook on Mediation - 2nd Edition - Electronic

AAA Handbook on Mediation - 2nd Edition - Hardcover

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EXPERTS IN MEDIATION: CATALYSTS FOR RESOLUTION
Roger M. Deitz

I. Introduction
Experts have traditionally been regarded as credentialed spokespersons who endorse their client’s position. To regard an expert as a catalyst for resolution in mediation may appear contradictory to the expert’s perceived role as a paid advocate. However, experience demonstrates many instances in which an expert brings both knowledge and objectivity to a dispute and assists in a negotiated resolution. For example, an expert can significantly move the parties from emotion to reason and from expectation to reality. This chapter explores numerous ways experts can bring added value to the resolution of disputes.

II. Prior to Mediation
A party to a dispute can retain an expert before a claim is filed to help identify issues, marshal facts, and bring key elements into focus. If counsel is unfamiliar with the client’s business or with a particular product or service the client sells, an expert can be an invaluable resource, helping the attorney  nderstand the facts and issues and identify the salient aspects of both.

Full TABLE OF CONTENTS from "AAA Handbook on Mediation - 2nd Edition"

Roger M. Deitz is an attorney, mediator, and arbitrator based in New York and is the
former Senior Trial Counsel of the U.S. Securities and Exchange Commission. He is a
Special Master of the Supreme Court of the State of New York—Appellate Division. In
addition he serves as co-chair of the Subcommittee for Commercial Disputes of the State of
New York Unified Court System Alternative Dispute Resolution Advisory Committee. Mr.
Deitz is a graduate of Brown University, Cornell Law School and Harvard Law School
Program of Instruction for Lawyers