Skip to main content

Anatomy of a Mediation: A Dealmaker's Distinctive Approach to Resolving Dollar Disputes and Other Commercial Conflicts

Author(s): James C. Freund
Practice Area: Banking
Date: Oct 2012
ISBN: 9781402418570
PLI Item #: 44473
"Anatomy of a Mediation is a superb job. I have seen no book about mediation which compares with it…First and foremost, it is the best analysis emphasizing the positive role of an evaluative mediator…[It] should be read not only by mediators and aspiring mediators but by lawyers who represent clients in mediation, and it should be in the library of all commercial lawyers who need to be aware of the availability of evaluative mediation.”
– Charles B. Renfew, Chairman Emeritus of the Board of the CPR Institute for Dispute Resolution; Former Federal District Court Judge, San Francisco

"For more than 20 years, Freund has applied his learning and experience to the successful mediation of commercial disputes of every variety.
Anatomy of a Mediation brings it all together. . . .The book is beautifully written . . ."

– John D. Feerick, Former Dean of Fordham University School of Law, and Director of the Feerick Center for Social Justice and Dispute Resolution

“Anatomy of a Mediation is a cherished one-on-one tutorial by a master of the art—the quintessential dealmaker/problem solver Jim Freund.”
– Judith S. Kaye, Former Chief Judge of the State of New York; Of Counsel, Skadden, Arps, Slate, Meagher & Flom LLP

For his tenth book, Jim Freund has crossed over from a lifetime of negotiating M&A and other business deals to tackle the equally demanding task a mediator confronts in resolving disputes. Freund has been honing his mediator’s craft over the past two decades, with particular emphasis on the toughest of all cases to settle—the classic zero sum game of a sizeable one-shot dollar dispute over hotly contested issues between sophisticated, well-represented parties. Freund’s problem-solving approach—rooted in his transactional experience and dealmaking mentality—is distinctive and has proved quite effective.

In Anatomy of a Mediation, Freund describes his evaluative technique in detail and takes the reader step-by-step through its application in resolving four expansive hypothetical situations, each focusing on a different type of dispute—such as a case involving multiple parties and another with significant deal elements and forward-looking considerations.

James C. Freund is a retired senior partner of Skadden, Arps, Slate, Meagher & Flom LLP. Among his prior books are Anatomy of a Merger, Lawyering, Smart Negotiating and Smell Test. Through his books, videos, seminars and classes, he has taught negotiating, problem-solving, and other lawyering and business topics to several generations of lawyers and law students.