|
Documents on Dispute Resolution
Kathleen has written several documents exploring and explaining various aspects of dispute resolution. To help attorneys use this information and share it easily with clients, these documents are available in PDF format:
Washington Mediation Ethics
The Washington State Rules of Professional Conduct describe distinctly different roles for lawyers, including advocate, negotiator and advisor, and provide helpful guidance about the lawyer's complex role in helping his or her client resolve a legal dispute. Ms. Wareham wrote a chapter for the WSBA Ethics Deskbook in which she reviews these ethical Rules and their Comments, and shows how they provide lawyers specific guidance about lawyer and client roles during mediation, communication between lawyer and client as part of the mediation, lawyer competence in preparing for and participating in mediation, confidentiality and privilege requirements and truthfulness during mediation. The chapter describes how mediation helps lawyers resolve their client's legal dispute and fulfill their ethical duties. View PDF
Mediation Preparation Practice Tips
A productive, constructive, and successful mediation begins with preparation. This document provides insights and practical, specific recommendations concerning what to do—and what not to do—in preparing for mediation. The importance of the mediation submission and how to prepare the client are some of the tips included.
View PDF
Supporting the Lawyer's Complex Role in Mediation
See Ms. Wareham's article with this title in the January 2009 WAMS Newsletter. A similar article appeared in the KCBA October 2008 Bar Bulletin.
Benefits of Early Mediation
It is not uncommon for lawyers to think of mediation shortly before trial and after the completion of discovery. Often mediation is most effective, however, early in the dispute, before significant time, energy, and expense have been incurred. As this document describes, mediation early in the dispute can have many benefits for the parties.
View PDF
Agreement to Participate in a Facilitated Meeting
This sample agreement to participate in a facilitated meeting shows the purpose of the meeting and establishes the expectations of the participants. It describes the roles of the facilitator and the participants, outlines fees, and explains the concept of confidentiality.
View PDF
Professionals: Teaming up with a Facilitator
Many professional fiduciaries and attorneys assist their clients by using facilitative skills: listening attentively, helping clients broaden their perspectives, asking probing and clarifying questions, breaking issues down into manageable parts, and showing empathy. If an attorney or fiduciary can apply these facilitative skills and others, why use a facilitator? As this document explains, the benefits of a facilitated meeting to the clients, the attorneys, and fiduciaries are numerous. The facilitator’s neutrality and skill help attorneys satisfy their ethical and statutory duties to their clients.
View PDF
Facilitated Family Meetings FAQ
While mediation has become a common form of dispute resolution, the facilitated meeting is less known. This document answers questions raised frequently by attorneys, fiduciaries and family members: What is a facilitated meeting? When should they take place? Who should participate? How many meetings are needed? Where do they take place? How much do they cost? And how do they differ from mediation?
View PDF
Another useful document is the WAMS Confirmation of Mediation Agreement. It identifies the parties, the controversy, mediator disclosure requirements, fees, confidentiality, representation, and the mediator’s authority and role.
Recommended Reading
Mediating Legal Disputes: Effective Strategies for Lawyers and Mediators, by Dwight Golann
Difficult Conversations: How to Discuss What Matters Most, by Douglas Patton, Sheila Heen & Roger Fisher
Bringing Peace Into the Room: How the Personal Qualities of the Mediator Impact the Process of Conflict Resolution, by Daniel Bowling and David Hoffman, editors
Getting to Yes: Negotiating Agreement Without Giving In, by Roger Fisher, Bruce Patton and William Ury |
