Lawyers And Mediators
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International And Comparative Mediation
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Author : Nadja Marie Alexander
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2009-01-01
International And Comparative Mediation written by Nadja Marie Alexander and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-01-01 with Law categories.
"In a world where the borders of the global community are fluid, and where disputants manifest increasingly diverse attributes and needs, mediation ? for decades hovering at the edge of dispute resolution practice ? is now emerging as the preferred approach, both in its own right and as an adjunct to arbitration. Mediation processes are sufficiently flexible to accommodate a range of stakeholders (not all of whom might have legal standing) in ways the formality of arbitration and litigation would not normally allow. Among mediation?s many advantages are time and cost efficiencies, sensitivity to cultural differences, and assured privacy and confidentiality. This book meets the practice needs of lawyers confronted with cross-border disputes now arising far beyond the traditional areas of international commerce, such as consumer disputes, inter-family conflicts, and disagreements over Internet-based transactions. The author takes full account of mediation?s risks and limitations, primarily its lack of finality and uncertainty in relation to enforceability issues which will persist until the advent of appropriate international regulation."--Publisher's website.
Mediation
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Author : David A. Hoffman
language : en
Publisher:
Release Date : 2013
Mediation written by David A. Hoffman and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with Attorney and client categories.
Ethics And Justice In Mediation
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Author : Mary Anne Noone
language : en
Publisher:
Release Date : 2018-07-30
Ethics And Justice In Mediation written by Mary Anne Noone and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-07-30 with Justice categories.
Ethics and Justice in Mediation provides guidance for mediators through the ethical and practical challenges that arise in different mediation contexts. Mediation has developed beyond its infancy, and continues to evolve. As it matures, both new benefits and dilemmas emerge from the growing body of mediation experience, and require all mediators, whether new or experienced, to embrace change. There is now a significant focus on the ethical issues arising from the way a mediation is conducted; more specifically, the impact of a mediator's decisions on the parties and on the outcome. Given the sheer diversity of situations that a mediator might face, the challenge of ensuring an ethical process, and a just outcome, is becoming acute. Ethics and Justice in Mediation equips mediators with the skills required to identify the approach best suited to achieving just and ethical outcomes. It outlines the relevant mediation standards and values that apply and demonstrates the different approaches available to mediators to help them ensure balanced outcomes for all parties to a mediation. Guidance is provided by a scenario-based approach in which experienced mediators' responses, to several real-life situations, are shared to highlight the ethical and practical issues that may arise. The authors are experienced mediation specialists, well-qualified to present crucial ethical issues that mediators commonly face - but which have previously received little attention in mediation texts. Presenting six different mediation scenarios, they outline the relevant mediation standards and values applicable to each, enumerate the different approaches that may taken, and how these relate to the standards. Each scenario concludes with suggestions on how to approach the issues identified in the scenarios. By providing these practical suggestions for applying an ethical approach in these situations, it endeavors to ensure that mediations provide just outcomes.
Lawyers And Mediators
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Author : Mavis Maclean
language : en
Publisher: Bloomsbury Publishing
Release Date : 2016-02-25
Lawyers And Mediators written by Mavis Maclean and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-02-25 with Law categories.
Do lawyers make matters worse, or do they provide information, advice and support which can help to prevent disputes arising or manage them when they do? Do mediators enable parties to communicate and reach agreements tailor-made to their needs? Or working outside the legal framework, do they find it difficult to protect weaker parties and access expert advice? What happens when lawyers become mediators? This book will describe the structure of service provision and the day-to-day work of lawyers, mediators, and lawyer mediators, drawing on empirical work carried out between 2013 and 2015 immediately after the recent changes to the management of divorce and separation within the family justice system. The reduction in legal aided help in 2013 and the failure of mediation to fill the gap in 2014–15 have given rise to a difficult debate. This book aims to provide an account of some of the practical effects of these policies through a description of the daily work of practitioners in the sector. It raises the question of whether we need to choose between traditional legal services and the new processes of private ordering or whether intermediate positions might be possible.
Mediation Law And Practice
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Author : David Spencer
language : en
Publisher: Cambridge University Press
Release Date : 2006
Mediation Law And Practice written by David Spencer and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006 with Law categories.
"This book is a comprehensive survey of the place of mediation in the expanding field of alternative dispute resolution.
Mediation In New Zealand
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Author : Grant Morris
language : en
Publisher:
Release Date : 2018-04-30
Mediation In New Zealand written by Grant Morris and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-04-30 with categories.
Mediation in New Zealand is a significant new text which is designed to be specifically relevant to New Zealand s mediation professionals, academics, and students. In achieving this objective, authors Grant Morris and Annabel Shaw explore New Zealand s mediation landscape from four different, but interconnected perspectives. The first six chapters examine New Zealand mediation s historical and theoretical context. Chapters 7 to 9 provide a skills-based analysis of mediation practice, and provide practical advice for mediators and mediation advocates. This is followed in chapters 10 to 13 by a systematic overview of prominent mediation specialist areas (including the first evidence-based analysis of commercial mediation in New Zealand). The final chapters examine professional issues relating to mediation, such as accreditation, confidentiality, and the rise of online dispute resolution. These features of Mediation in New Zealand ensure that the book will be a standard reference work for professional mediators, lawyers representing clients in mediation, parties to mediation, professionals who have some engagement with mediation, academics, law and ADR students, and those seeking to become accredited mediators.
Lawyers And Mediation
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Author : Bryan Clark
language : en
Publisher: Springer Science & Business Media
Release Date : 2012-05-24
Lawyers And Mediation written by Bryan Clark and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-05-24 with Law categories.
This book charts the historical and current interaction between lawyers and mediation in both the common law and civil law world and analyses a number of issues relevant to lawyers’ part in the process. Lawyers have in the past and continue to play many roles in the context of mediation. While some are champions for the process, many remain on the fringes and apathetic, while others are openly sceptical or even anti-mediation in their stance. Yet others may have embraced mediation but, it is argued, for cynical, disingenuous reasons. By reviewing existing empirical evidence on lawyers’ interactions with mediation and by examining historical and current trends in lawyers’ dalliance with mediation, this book seeks to shed new light on a number of related issues, including: lawyers’ resistance to mediation; lawyers’ motives for involvement with mediation; the appropriateness of lawyers acting as mediators and party representatives; and the impact that both lawyers and the increasing institutionalisation of mediation have had on the normative form of the process, as well as the impact that mediation experience heralds for lawyers and legal systems in general.
Mediation Theory And Practice
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Author : James J. Alfini
language : en
Publisher:
Release Date : 2013
Mediation Theory And Practice written by James J. Alfini and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with Compromise (Law) categories.
In this newly updated, enriched edition, the authors have retained the primary content of their previous text while making significant changes to the manner in which they present and organize the materials. The result is a timely, current publication that has been effectively streamlined without any sacrifice in important substance. The new edition provides: Important updates to relevant mediation case law; A rich description of the social and legal strands that shaped the development of contemporary dispute resolution theory and practice; Comprehensive new study materials and discussion questions examining ethical issues for mediators; State-of-the-art analyses of the advocate's role in mediation; and Expanded treatment of how the mediation process is used to deal with major societal problems. The revised teacher's manual (available in Fall 2013) significantly expands the number of simulation exercises that reflect these broad-based themes. This book also is available in a three-hole punched, alternative loose-leaf version printed on 8.5 x 11 inch paper with wider margins and with the same pagination as the hardbound book.
Mediation In Singapore
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Author : Danny McFadden
language : en
Publisher:
Release Date : 2021
Mediation In Singapore written by Danny McFadden and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021 with Dispute resolution (Law) categories.
This 3rd edition is being published during an unprecedented global pandemic. However, in recent years, Singapore has continued to improve and add to its mediation movement and institutions which have helped it to face the challenges brought on by Covid-19. The reader will benefit not only from learning about the history and the current mediation scene in Singapore, but also the new regulations and institutions which have been created to further enhance Singapore's claim to be a prominent centre for effective dispute resolution in Asia and globally.
Mediation Law And Practice
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Author : David Spencer
language : en
Publisher: Cambridge University Press
Release Date : 2007-02-08
Mediation Law And Practice written by David Spencer and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-02-08 with Law categories.
Mediation Law and Practice gives a thorough account of the practice of mediation from the perspective of the student and practitioner. Divided into two parts, it deals with both the practice of mediation and the law surrounding mediation. Touching on the theory and philosophy behind the practice, it further describes in a theoretical and practical sense the difference between the emerging models of mediation. Mediator qualities are discussed in terms of issues of gender, culture and power. This book examines the important issue of mediation ethics and, taking into account the developing law surrounding the practice, proposes a code of ethics. It looks at the future of mediation in light of the decline in litigation, the rise in regulatory constraints on mediation and the popularity of online mediation. Mediation Law and Practice provides students and practitioners with the complete text on the practice and law surrounding mediation.