Advising and Representing Clients at Mediation

Informative

AN INFORMATIVE SHORT WORK FOR ALL PARTICIPANTS INVOLVED IN MATTERS CONCERNING MEDIATION

An appreciation by Elizabeth Taylor of Richmond Green Chambers and Phillip Taylor MBE, Head of Chambers, Reviews Editor, "The Barrister", and Mediator


If you are a mediator already, or are thinking of participating in the mediation process, "Advising and Representing Clients at Mediation" by Stephen Walker and David Smith is an invaluable guide for you.

It's a book, now in a second edition, which will be very useful to lawyers, surveyors and other professionals. It fills an important gap with the main work on the subject "The Jackson ADR Handbook" which, alas, only devotes a couple of pages to mediation advocacy- that handbook tells you what mediation is whilst Walker and Smith tell you how to do it.


We found when reading the book that it gives comforting assistance throughout each stage of the mediation process. It begins with "the difficult bit" of attempting to persuade the (possibly sceptic) other party whom we call "a participant" to mediate. The authors take us through preparing for and taking part in a mediation. The range and focus of the book are rightly intended to be relatively narrow. It's a book for those who attend civil and commercial mediations (the majority at present) whilst the specialist areas such as family and workplace mediations remain highly specialised.


Walker and Smith also offer sensible and practical tips to advise clients on what to expect and how they should conduct themselves throughout a mediation. In fact, very useful advice and guidance is given here without theoretical or historical referencing.


"We do not discuss the Confucian or Phoenician origins of mediation" say the authors. Thank you! We are relieved because of the serious attitude problems which can often be displayed during the open and closed mediation sessions.


The book also offers extensive checklists and precedents, practical advice from experienced mediators, and a clear explanation of the law as it currently stands. It is intended for anyone who represents a client at a mediation. The second edition is practical, and contemporary has been fully updated with all the changes in the mediation sector including new relevant case law.

These new approaches created by the Jackson reforms, and the excellent Jackson ADR Handbook which is the main reference book, plus the latest thinking on ADR processes and procedures are, we think, very well covered in a succinct manner in this short work which compliments the Handbook very well for the busy professional.

Some readers may think that Walker and Smith are "teaching them to suck eggs". Just for clarity, the writers say, "we are sorry", and that you (the experienced reader) can skip those sections while remembering "that eggs are good for you". The point being that every mediation is different, and it throws up its own problems.

The law is as stated on 1st May 2019. The publication date of this paperback second edition from Wildy is cited as at 15th November 2019.