Mediation Mechanisms

Mediation Mechanisms

Mediation Mechanisms

Mediation Mechanisms: Distributive Negotiation in Litigation. By Duff McKee. July 2017. Softcover. 230 pages. ISBN 13 978-0-945648-40-6. Price $16.95

The process, strategy and tactics of working through a mediation where money is at stake.

Sample chapter

From Duff McKee:

I wrote this book about the process of settling civil lawsuits for money through negotiation. It’s about tactics and strategies collected by me in over fifty years of practice, including more than thirty years on the bench and in a limited private practice, working to assist in the settlement of cases throughout Idaho and the surrounding states.
Although centered on the process of settling civil lawsuits, the techniques and strategies examined here might be used by anyone involved in a high pressure, confrontive, competitive negotiation to value.
The premise of this book is that settlement of a lawsuit is as much a technical process as a trial. Both consist of discrete steps from beginning to end, both are laden with tactical and strategic mechanisms and devices, both benefit from careful planning in the implementation, and both demand thorough preparation to assure success. The goal here is to examine every part of the process and organize it all into identifiable strategies and tactics available and understandable to any competent lawyer.

Here’s what the practitioners say:

A wonderful book – wish I had the benefit of it 30 years ago. – Robert C. Huntley, trial lawyer.

This book is loaded with key practice pointers for any litigator who participates in mediation. Great read for litigators. – Michelle Points, president, Idaho State Bar.

Outstanding as both text and manual on distributive negotiation techniques; highly recommended reading for all litigators – rookies and veterans alike. – Bart Harwood, lawyer, Boise, Idaho.

A basic yet comprehensive recounting of the art of dispute resolution as it relates to hard money negotiation in litigation. The material will be incredibly helpful to lawyers and laypersons alike. – John Spencer Stewart, trial lawyer, Portland, Oregon

A great resource for any trial attorney, regardless of level of mediation experience. Equally valuable for any mediator looking for validation of their methods to keep negotiating parties engaged, or for new and creative ways to help the parties in any civil dispute to negotiate their way to a mutually satisfactory result. – Donald Farley, trial lawyer, Boise, Idaho

The terms and processes of mediation are dissected, defined and explained in a practical way that gives further meaning and purpose to the benefits of employing a skilled and experienced neutral to help resolve litigated disputes. This book is a must read for attorneys and those who regularly are called upon to resolve litigated matters. – Terrence Jones, trial lawyer, Boise, Idaho.

I wish I had read this book 20 years ago! This is a must read for any attorney serious about obtaining the greatest benefit from mediation for his or her client. The book provides valuable insight into the process of mediation — not only the techniques and strategies that work, but the preparation that is essential for both client and attorney. – DeAnne Casperson, trial lawyer, Idaho Falls, Idaho.

From evaluating a claim to strategizing through mediation, Duff McKee’s book on mediation covers the essential elements of mediation in an entertaining yet educational format. It is an essential read for all attorneys wishing to settle a matter through the mediation process. – Brian Julian, trial lawyer, Boise, Idaho

A valuable addition to the literature on mediation for attorneys. The book provides practical guidance for parties seeking greater understanding of the mediation process and negotiation strategies that will lead to successful mediation results, and is recommended for anyone who wants to improve their mediation and negotiation skills. – Merlyn Clark, mediator, Boise, Idaho

The book provides a wealth of insight into the mediation process, all in one easy-to-read resource that reads like a novel – enjoyable, with just enough anecdotal examples to keep the reader interested. A well organized and comfortable read about mediation by one who has lived the process. – Don Carey, trial lawyer, Idaho Falls, Idaho

Mediation Mechanisms: Distributive Negotiation in Litigation. By Duff McKee. July 2017. Softcover. 230 pages. ISBN 13 978-0-945648-40-6. Price $16.95