|
1 |
Risk Assessment
in Litigation |
|
1.1 |
Introduction |
|
1.2 |
What does a percentage likelihood of success
mean? |
|
1.3 |
BATNA |
|
1.4 |
Expected Monetary Value (EMV) |
|
1.5 |
Decision Analysis |
|
1.6 |
Cumulative uncertainty |
|
1.7 |
Decision Analysis and Part 36 |
|
1.8 |
What do decision trees tell us? |
|
1.9 |
Shortcomings of EMV |
|
1.10 |
Expected utility value (EUV) |
|
1.11 |
Sensitivity analysis |
|
1.12 |
Cumulative probability tables |
|
2 |
Mediation theory |
|
2.1 |
Introduction |
|
2.2 |
The Theory |
|
2.3 |
The Practical Challenge |
|
2.4 |
Integrative bargaining in practice |
|
2.5 |
Identifying the Integrative Opportunities |
|
2.6 |
Differences between the parties |
|
2.7 |
Non-competitive similarities |
|
2.8 |
Economies of scale |
|
2.9 |
Reducing transaction costs |
|
2.10 |
Theory for Practitioners |
|
2.11 |
Bringing the Parties Round to Problem Solving
Negotiation |
|
2.12 |
Participating in a Problem Solving
Negotiation |
|
2.13 |
Getting to YES |
|
2.14 |
Criticism of Getting to YES |
|
2.15 |
A Balanced View of Integrative and
Distributional Bargaining |
|
2.16 |
Building Relationships During Negotiation |
|
2.17 |
Problem solving negotiation with positional
players |
|
2.18 |
Conducting a problem solving negotiation |
|
2.19 |
Other mediation orientations |
|
2.20 |
Conclusion |
|
2.21 |
Further Learning |
|
2.22 |
Select Bibliography |
|
3 |
Mediation in
practice |
|
3.1 |
Introduction |
|
3.2 |
Alternative Dispute
Resolution |
|
3.3 |
What is Alternative
Dispute Resolution? |
|
3.4 |
Getting agreement to
mediate |
|
3.5 |
Mediation organisation
or ad hoc? |
|
3.6 |
Agree a venue |
|
3.7 |
Who should attend? |
|
3.8 |
Agree a date |
|
3.9 |
Documents to prepare |
|
3.10 |
Contact with the
mediator before the day |
|
3.11 |
Access to additional
advice |
|
3.12 |
Preparation for the
negotiation |
|
3.13 |
Planning for mediation
- All types of negotiation |
|
3.14 |
Planning for mediation
- Distributive or integrative? |
|
3.15 |
Planning a distributive
negotiation |
|
3.16 |
Planning an integrative
negotiation |
|
3.17 |
Preparation of opening
presentation |
|
3.18 |
What to bring on the
day |
|
3.19 |
The shape of the day |
|
3.20 |
Handling the
negotiation stage |
|
3.21 |
Does ADR work? |
|
3.22 |
Meeting the common
concerns about ADR? |
|
3.22.1 |
How can you settle
until you have a clear view of the other side’s case? |
|
3.22.2 |
Early disclosure of
your case |
|
3.22.3 |
Front loading of costs |
|
3.22.4 |
Being the first to make
a move looks weak |
|
3.22.5 |
Concessions made in ADR
might be used by the opponent later if the case does not settle |
|
3.23 |
Can you afford not to
mediate? |
|
3.23.1 |
Dunnett v.
Railtrack |
|
3.23.2 |
Subsequent cases |
|
3.23.3 |
Manner |
|
3.24 |
Limitations of ADR |
|
3.25 |
Enforceability of ADR
Clauses |
|
|
|
