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    Mediation Preparation
    Mediation Preparation
    Mediation Preparation
    Ebook103 pages1 hour

    Mediation Preparation

    By Joe B. Hewitt

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    About this ebook

    Mediation Preparation is a guide for anyone going to mediation. It is aimed primarily toward the layman, a party to a lawsuit, a Plaintiff or Defendant. The negotiating strategies will be helpful also to attorneys and laymen not represented by legal counsel. Mediators will also find in this guide tools they can use in reaching settlement agreements.

    Newly trained mediators can have the advantage of Joe B. Hewitt's 13 years of experience as a court-appointed mediator. Mediation Preparation has several studies of actual mediation sessions, two or more combined, and using fictitious names and places to preserve confidentiality. This guide does not give legal advice.

    LanguageEnglish
    PublisherJoe B. Hewitt
    Release dateJul 18, 2015
    ISBN9781311037015
    Mediation Preparation
    Author

    Joe B. Hewitt

    About the AuthorJoe B. Hewitt, BD MAAuthor Joe B. Hewitt started writing as a newspaper reporter for the Lima, Ohio, News. He covered the police beat, courthouse beat, and was an investigative reporter. He went under cover for three months and published an expose of vice and crime. He served as national and international news editor and “slot” man on the city desk.He owned and published the following Texas weekly newspapers, Throckmorton Tribune, and Springtown Review, and was a stockholder, editor and publisher of the Richardson Digest.His newspaper career ended when he was called into the ministry.. He served the Richardson church 13 years.He resigned that pastorate to go into vocational evangelism. However, during those four years he was called by Christian leaders in many communities to lead special election campaigns. Of 13 major campaigns, he won 11. He turned down an offer to manage a US Congressman’s re-election campaign.During those years in the pastorate he wrote a nonfiction book on personal experience that has sold 45,000 copies. He wrote curriculum for Bible study teachers and teachers commentaries for LifeWay, the publishing arm of the Southern Baptist Convention as well as the youth devotional guide, and Open Windows the 1.1 million-circulation adult devotional guide. For 10 years wrote columns for the Rockwall Success, and Rowlett Lakeshore Times, local newspapers. His magazine articles were published in Mature Living, The Baptist Standard, and Leadership magazine (published by the Baptist General Convention of Texas), Faith for the Family, Reproduction Methods, and the Christian Crusader. Photographs have been published by Associated Press, United Press International, Popular Mechanics, and several detective magazines (from the days when he was police reporter.).His travel articles and pictures have been published in The Dallas Morning News, and the Houston Chronicle's Sunday Magazine. Guest editorials have been published in The Dallas Morning News and Spirit of 76, publication of Fort Worth, Texas, Mensa.Hewitt served as a temporary missionary in Mexico, Brazil, Russia, Oregon, Idaho, New York, and pastored a church in England for a month in an exchange with the pastor of the English church. He served as volunteer chaplain and coordinator of jail ministries for the Rockwall County Sheriff’s Department for 10 years. I also served two days a month as volunteer chaplain at Lake Pointe Medical Center in Rowlett for 10 years.On one of his three trips to Russia, Hewitt preached in Muravlenko, Siberia, a city of 40,000, built on 600 feet deep permafrost located 1650 miles east-northeast of Moscow. The nearest airport was 100 miles south at Nyabresk where the Aeroflot plane broke down and Hewitt and his wife were stranded two days.In addition to the mission trips, Hewitt visited Cypress, Turkey, Lebanon, Syria, Israel, Greece, Italy, France, Spain, Belgium, Holland, Colombia, Panama, Costa Rica, Nicaragua, Guatemala, and many Caribbean islands. Hewitt has traveled extensively throughout all 50 of the United States, Mexico and Canada.After retiring from the Pastorate in 2001, Hewitt began training as a mediator and has served Dallas and area courts as a court-appointed mediator to settle lawsuits.Hewitt received a BD degree from Bible Baptist Seminary, and an MA degree in Biblical Studies from Dallas Baptist University. He is a member of Mensa, the high IQ society.

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      Book preview

      Mediation Preparation - Joe B. Hewitt

      Mediation Preparation

      How to Prepare for Mediation

      by Joe B. Hewitt

      Table of Contents

      Acknowledgements

      Prologue

      Medi-a-tion or Medi-ta-tion

      Some Unusual Cases A Composite

      What is Mediation?

      Who is Who, and What is What?

      Some terms associated with business cases

      Some other terms associated with family cases

      Purpose of Mediation

      Mediation in the Court System

      Example Credit Card Case

      You Have to Stick Up for Yourself

      Personal Insults

      Legal Loopholes

      Extenuating circumstances make a difference

      Sometimes it's better not to settle

      When it's best to Walk Away

      When it's best just to listen

      Sometimes it's best to lose gracefully

      70 % Satisfied

      Typical Sequence of Events:

      The Caucus.

      Mediation in Business and Industry

      Pre-litigation Mediation

      Pre-termination Mediation

      Develop Negotiating Skills

      Don't Let a Master Lawyer Intimidate You

      Unrealistic Expectations

      The Principle of the Thing

      Come to Mediation Prepared

      If You Forget About It, It Won’t Go Away

      There is no remedy at law for every wrong.

      Prepare to be lied to

      The Finesse

      Mediator's Proposal

      Check in the Mail

      Working With Your Lawyer

      Face Reality

      Caution. Follow the Money

      Be Alert for the Unexpected.

      How to Find a Mediator

      Rules for mediation.

      About the Author

      Other books by Joe B. Hewitt

      Contact Information

      Mediation Preparation

      Copyright 2015 Joe B. Hewitt

      Published by Joe B. Hewitt at Smashwords

      Smashwords Edition License Notes

      This e-book is licensed for your personal enjoyment only. This e-book may not be re-sold or given away to other people. If you would like to share this book with another person, please purchase an additional copy for each recipient. If you’re reading this book and did not purchase it, or it was not purchased for your enjoyment only, then please return to Smashwords.com or your favorite retailer and purchase your own copy. Thank you for respecting the hard work of this author.

      Acknowledgements

      Thanks to my wife, Marona Posey's examination of my manuscript through her eyes as an attorney and published author. Thanks to the Hon. Dale B. Tillery, Judge, 134th District Court, Dallas, Texas, for reading the manuscript and endorsing the book. Thanks to literary critics and dear friends Jim Hazelip and Nancy Riddick for honest, constructive criticism of the manuscript.

      Prologue

      Medi-a-tion or Medi-ta-tion

      A little t between friends makes a big difference.

      A meditator thinks about thinking and doesn't have to do anything else. Usually no one else is involved in his meditation. A person meditating on the Word of God would be quietly thinking of what the Bible teaches.

      Meditators can meditate about any number of things or nothing at all. He/she may meditate about a mental journey into nothingness that the Eastern religions call nirvana, a state in which you cease to think. Most other people would consider it being dead.

      A mediator stands between two people in conflict and helps them settle their differences. The Mediator is a go-between, sometimes called a neutral third party. Like the referee in a boxing match, the mediator is in charge of the proceedings and makes sure the rules of courtesy are followed and that no person abuses another. Unlike a court trial where the judge decides who's right and who's wrong, the mediator makes no judgment. Rather, the mediator helps both parties equally to arrive at a settlement agreement that both parties can live with.

      Mediation is sometimes confused with arbitration. An arbitrator is more like a judge who decides who is right and who is wrong and who pays whom. The Mediator makes no such decisions but rather helps both parties to arrive at a settlement agreement.

      Mediation Preparation

      By Joe B. Hewitt

      Copyright 2015, Joe B. Hewitt

      ISBN- 13: 9781311037055

      Mediation Preparation

      By Joe B. Hewitt

      Copyright 2015, Joe B. Hewitt

      The purpose of this is to help both attorneys and laymen get ready to participate in mediation. It is not intended to give legal advice.

      Some Unusual Cases A Composite

      While I am careful to not break the confidentiality rules, here is a mediation session that is not at all typical. Rather, it has elements of several strange cases put together. Identities are fictitious.

      I sat at the end of a long conference table. A file folder lay on the table in front of me. The folder' jacket has the words, "Hewitt and Hewitt Mediators, DC-10-1314, Smith vs Jones. Below that are names of attorneys and contact information. Below that the lined sheet has a handwritten note of each correspondence, email message, and phone call made to the attorneys.

      The Plaintiff, Mr. Alexander Smith, a tall slender man in his early 40s with a short sparse blond beard, arrived first. My attorney is on his way, he said.

      I'm Joe Hewitt, said I, extending my hand. We shook hands and I invited Mr. Smith to sit at my left.

      Ah, here he is now, Alexander Smith said. He introduced his attorney, Paul Prichard, to the group. Prichard, a small young man was dressed informally in a black silk shirt, gray pants and gray Italian shoes with soles so thin they looked uncomfortable. He repeated each person's name in a deep bass voice.

      The Defendant, Stephen Jones, a nervous polite guy in his early 50s wearing a white baseball cap came in with his attorney, Darrell Dickins, shorter than the other two men and dressed

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