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Tips to enhance mediation and negotiation skills

Michael Emerson PRINCIPAL Emerson Family Law PARTNER Brisbane Mediations   “Discourage litigation. Persuade your neighbours to compromise whenever you can. Point out to them how the nominal winner is often a real loser: in fees, expenses and waste of time. As a peacemaker the lawyer has a superior opportunity of being a good person” Abraham...

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Lawyers and Family Mediation – Bridging the Divide

Michael Emerson PRINCIPAL Emerson Family Law PARTNER Brisbane Mediations UNDERSTANDING THE PROCESSAND YOUR ROLE – “Discourage litigation. Persuade your neighbours to compromise whenever you can. Point out to them how the nominal winner is often a real loser: in fees, expenses and waste of time. As a peacemaker the lawyer has a superior opportunity of...

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Mediation – the dos and don’ts

Michael Emerson PRINCIPAL Emerson Family Law PARTNER Brisbane Mediations UNDERSTANDING THE PROCESS AND YOUR ROLE – TENSION BETWEEN LITIGATION AND SETTLING WHAT IS MEDIATION? There is no single definition of mediation. A classic definition is that of Folberg and Taylor (1984) “mediation is a process in which the participants with the assistance of a neutral...

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Bridging the Divide Between Lawyers and Mediators

Michael Emerson PRINCIPAL Emerson Family Law PARTNER Brisbane Mediations MEDIATION AND LAWYERS “In order for our society to reap the benefits of mediation while containing its risks, many lawyers must come to understand mediation and a significant number must develop an ability and willingness to mediate a variety of matters that are currently pushed through...

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Role of the Lawyer

Different stages of the process Instructions and party statements Agenda setting Exploration of issues – sometimes lawyers filter the communication Negotiations Private session Agreement Different types of power that parties hold in their relationship such as economic, emotional, physical, psychological status, language and information. Disclosure It is important that there be disclosure of all issues...

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Brisbane Mediations

BRISBANE FAMILY MEDIATIONS Mediation works for people in conflict Mediation Mediation helps people in conflictfind their own lasting solutions in a cost-effective way. Why Use Mediation? Faster solutions Cheaper than litigation You retain control Nobody decides for you Less destructive More informal Workable with or without lawyers Confidential to the extent allowed by law Can...

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The Lawyer and Mediation

By: Mike Emerson, Partner Emerson Black Lawyers, Brisbane Co-Principal, Brisbane Mediations “Discourage litigation. Persuade your neighbours to compromise whenever you can. Point out to them how the nominal winner is often a real loser: in fees, expenses and waste of time. As a peacemaker the lawyer has a superior opportunity of being a good person”...

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Ways to Reduce Costs for All Concerned

Extract from paper on legal costs presented by Mike Emerson to Lexus-Nexus Masterclass Young Lawyers Day 6 May 2005 Ways To Reduce Costs For All Concerned The high costs of litigation are well documented. In the Family Law arena there are also the emotional costs of highly conflictual and protracted proceedings which can be extremely...

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Management of a Successful ADR Practice

Michael Emerson PARTNER Brisbane Mediations Denise Britton PARTNER Brisbane Mediations “Discourage litigation. Persuade your neighbours to compromise whenever you can. Point out to them how the nominal winner is often a real loser: in fees, expenses and waste of time. As a peacemaker the lawyer has a superior opportunity of being a good person.” ABRAHAM...

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Practice Management and Business Skills

Michael Emerson PRINCIPAL Emerson Family Law PARTNER Brisbane Mediations OVERVIEW When I sat down to write this paper, I thought what advice can I pass on from my 30+ years of legal practice that would help other practitioners achieve or improve practice management and profitability in their legal practice or assist young practitioners who are...