Mediating Legal Disputes Aspen
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Mediating Legal Disputes Aspen
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Author : Dwight Golann
language : en
Publisher: Aspen Publishers
Release Date : 1996-01
Mediating Legal Disputes Aspen written by Dwight Golann and has been published by Aspen Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 1996-01 with Law categories.
For an in-depth discussion of all the issues that a mediator or advocate needs to become an expert on the process, turn to Dwight Golanns award-winning MEDIATING LEGAL DISPUTES. Recognized by the CPR Institute for Dispute Resolution for the best book published in the field of dispute resolution, MEDIATING LEGAL DISPUTES is the only mediation resource youll need. The author discusses not only the very real psychological dimensions of disputing, but also grapples with tough techniques like decision analysis and evaluation to deal with real disputes over who will win in court. This valuable reference offers unique and powerful mediation methods that: Minimize the impact of spin tactics, private agendas, and hard-line bargaining strategies Calculate the cost of litigation alternatives as part of the mediation strategy Overcome hidden obstacles to settlement, such as emotional/psychological sticking points Apply sophisticated techniques (such as on-the-spot laptop computer programs) to analyze risk and break negotiating impasses Meet the challenges posed by specialized disputes such as employment and environmental cases Youll also learn mediation techniques for reducing friction, counteracting 'bad blood,' and guiding your case to satisfactory resolution.
Mediating Legal Disputes
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Author : Dwight Golann
language : en
Publisher: Aspen Publishers
Release Date : 1996
Mediating Legal Disputes written by Dwight Golann and has been published by Aspen Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 1996 with Law categories.
For an in-depth discussion of all the issues that a mediator or advocate needs to become an expert on the process, turn to Dwight Golanns award-winning MEDIATING LEGAL DISPUTES. Recognized by the CPR Institute for Dispute Resolution For The best book published in the field of dispute resolution, MEDIATING LEGAL DISPUTES is the only mediation resource youll need. The author discusses not only the very real psychological dimensions of disputing, but also grapples with tough techniques like decision analysis and evaluation to deal with real disputes over who will win in court. This valuable reference offers unique and powerful mediation methods that: Minimize the impact of spin tactics, private agendas, and hard-line bargaining strategies Calculate the cost of litigation alternatives as part of the mediation strategy Overcome hidden obstacles to settlement, such as emotional/psychological sticking points Apply sophisticated techniques (such as on-the-spot laptop computer programs) to analyze risk and break negotiating impasses Meet the challenges posed by specialized disputes such as employment and environmental cases Youll also learn mediation techniques for reducing friction, counteracting 'bad blood,' and guiding your case to satisfactory resolution.
Mediation
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Author : Dwight Golann
language : en
Publisher: Aspen Publishing
Release Date : 2021-09-14
Mediation written by Dwight Golann and has been published by Aspen Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-09-14 with Law categories.
The purchase of this ebook edition does not entitle you to receive access to the Connected eBook on CasebookConnect. You will need to purchase a new print book to get access to the full experience including: lifetime access to the online ebook with highlight, annotation, and search capabilities, plus an outline tool and other helpful resources. Mediation: The Roles of Advocate and Neutral, Fourth Edition, integrates mediation skills and strategies with theory, ethics, and practice applications to teach students about legal mediation and how to represent clients effectively in the process. This book reflects the experience of its authors, who are both professors and practicing legal mediators with decades of experience teaching and resolving cases. It includes all the coverage of mediation found in Resolving Disputes, the survey text, as well as material on negotiation and hybrid processes and additional coverage of mediation. Most important, this book has become a fully video-integrated text. As they read students are referred to 65 unique video excerpts, embedded in the text and instantly accessible, which show leading mediators applying specific techniques and strategies to overcome barriers to settlement. New to the Fourth Edition Video: Unique and diverse video excerpts, created expressly for this book and embedded in the text, featuring mediators from the U.S. and around the world. Virtual mediation: Analysis of the special aspects of mediating via Zoom, based on the experiences of professional mediators. Grief and loss: New material probing deeply into the psychology of loss and how it affects settlement decisions. ODR: New readings on online mediation. International: Perspectives and video of international practitioners, based on the authors’ experience training mediators on five continents. Professors and student will benefit from: Concise content that supports an active experiential class, without sacrificing the deeper knowledge expected in a law school course. An informal writing style that presents actual case examples, practical advice, and thought-provoking questions written for students who will soon become lawyers, representing clients in mediating disputes. A practice-based approach that helps students apply concepts, including realistic roleplays that facilitate classroom discussion. Examples of lawyers taking on roles as informal mediators, giving students models of how to apply mediative skills immediately in their practice.
Mediating Legal Disputes
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Author : Dwight Golann
language : en
Publisher:
Release Date : 2021
Mediating Legal Disputes written by Dwight Golann and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021 with Arbitration and award categories.
"This book explains how to mediate legal disputes-cases serious enough for parties to hire lawyers to represent them-and describes the techniques you can use to resolve them"--
The Practice Of Mediation
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Author : Douglas N. Frenkel
language : en
Publisher: Aspen Publishing
Release Date : 2018-07-19
The Practice Of Mediation written by Douglas N. Frenkel and has been published by Aspen Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-07-19 with Law categories.
For access to the video case studies included with the purchase of this ebook, please contact customer support at [email protected]. This widely-adopted, all-original book was the first in the field to combine complete analysis of the mediation process with integrated video case studies illustrating the full range of mediation skills. Engaging text is keyed to seven hours of online video, featuring three different cases, all based on actual disputes: a child custody case, a small claims consumer dispute, and a complex negligence suit. These unscripted mediations were conducted by mediators and lawyers with a variety of backgrounds and styles. The video includes an extended comparative example of facilitative and evaluative mediation of the same matter. The integration of text and video in The Practice of Mediation: A Video-Integrated Text, Third Edition enriches students’ understanding and allows classroom and clinical instruction to proceed more rapidly and on a far more sophisticated level. New to the Third Edition: New end-of-chapter problems to aid assessment of student learning New or expanded coverage of biases and their impact on negotiators; pre-mediation contacts with parties; and increasing mediator use of caucuses to open the process Newly designed problems on the ethics of mediating New video clips on mediator influence and persuasion Professors and students will benefit from: Practice- and research-based analysis of negotiations and why they fail Contextualized model of the role and effective skills of the mediator, applicable across the entire range of disputes Exploration of fundamental norms of the process and, through real case problems, the ethics of mediating Video and case-based introduction to the role and skills of representing a client in mediation
Resolving Disputes
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Author : Jay Folberg
language : en
Publisher: Aspen Publishing
Release Date : 2021-09-14
Resolving Disputes written by Jay Folberg and has been published by Aspen Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-09-14 with Law categories.
The purchase of this ebook edition does not entitle you to receive access to the Connected eBook on CasebookConnect. You will need to purchase a new print book to get access to the full experience including: lifetime access to the online ebook with highlight, annotation, and search capabilities, plus an outline tool and other helpful resources. Resolving Disputes: Theory, Practice, and Law, Fourth Edition, covers negotiation, mediation, arbitration, and hybrid approaches, preparing law students to represent clients in all types of alternative dispute resolution. The text is practical, while grounded in theory. Drawing on the authors’ decades of experience as teachers, practicing neutrals, and ADR trainers, this casebook provides vivid examples from actual cases, literature, and current media. It also offers diverse readings by leading authors, along with comprehensive video-based resources and attention to prominent developments in the field. The text integrates coverage of law, ethics, and practice, as well as interesting notes, thoughtful problems, and provocative questions. New to the Fourth Edition: Fresh new material and perspectives benefiting from two new coauthors More problems, techniques, resources, and video-based examples of effective representation in mediation Integrated access to videos, allowing students to view professionals applying techniques discussed in the book as they read Streamlined presentation—concise excerpts and summaries that allow shorter reading assignments Greater coverage of online dispute resolution (ODR) and dispute systems design (DSD)—two of the most important new directions in the field Increased focus on gender, #MeToo, culture, social activism, historical inequities, anti-racism, and other crucial issues affecting dispute resolution today Discussion of how dispute resolution is changing with new technological advances, social trends and hybrid processes Expanded arbitration section, with attention to adhesion contracts, recent cases and legislation Access to arbitration games, exercises and streaming interviews with top arbitration experts An in-depth chapter on mixing ADR modes and hybrid processes Professors and student will benefit from: Organization and readings designed to be used as part of an active experiential class without sacrificing the deep knowledge expected in a law school course Informal writing style, interesting examples, practical advice, and thought-provoking questions, all written specifically for law students who will soon represent clients in resolving disputes Practice-based approach that helps students apply the concepts and better identify the value in the content Exercises and problems that facilitate classroom discussion
Dispute Resolution
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Author : Stephen B. Goldberg
language : en
Publisher: Aspen Publishing
Release Date : 2022-10-27
Dispute Resolution written by Stephen B. Goldberg and has been published by Aspen Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-10-27 with Law categories.
The purchase of this ebook edition does not entitle you to receive access to the Connected eBook on CasebookConnect. You will need to purchase a new print book to get access to the full experience including: lifetime access to the online ebook with highlight, annotation, and search capabilities, plus an outline tool and other helpful resources. Dispute Resolution: Negotiation, Mediation, Arbitration, and Other Processes, Seventh Edition Provides overviews, critical examinations, and analyses of the application of ADR’s three main processes for settling legal disputes without litigation— negotiation, mediation, and arbitration—and issues raised as these processes are combined, modified, and applied. This casebook challenges students to develop new processes and applications and provides them tools to master the legal issues facing lawyers who utilize the major dispute resolution processes. this book also assists students in building the skills a modern lawyer needs to represent clients in these critical processes. New to the Seventh Edition: New materials and exercises on legislative negotiation and causes and suggestions for remedying Congressional gridlock in negotiating legislative solutions to national problems. (First treatment of this issue in any law school negotiation/dispute resolution teaching book.) Negotiation simulations in which students play the roles of members of Congress and state legislators. Additional treatment of developing online dispute resolution processes. Expansion of dispute systems design materials to include community disputes. New materials designed to help students understand the mediation privilege, including a “debate” about the policy choices implicit in it and more depth on both the Uniform Mediation Act and the California mediation privilege experiences. Addition of multiple new Supreme Court arbitration cases, including American Express Company. v. Italian Colors Restaurant, Oxford Health Plans LLC v. Sutter, and Epic Systems, Inc. v. Lewis, addressing the continuing viability of the vindication of rights doctrine in arbitration, judicial review of an arbitrator’s decision to order a class action arbitration, and whether the NLRA should be interpreted to preclude employers from using class action waivers in agreements with their employees. Additional discussion of 2018-19 Supreme Court arbitration cases, including New Prime, Inc. v. Oliveira and Lamps Plus Inc. v. Varela. Consideration of the #Metoo movement and its impact on arbitration agreements and confidentiality in dispute resolution processes. Discussion of state and federal legislation addressing the use of arbitration for sexual harassment claims, including federal legislation like the End Forced Arbitration of Sexual Harassment Act bill. Substantial reorganization of the chapters on mediation, arbitration, and their variants, so that when students arrive at the new Chapter 8, Representing a Client in ADR (formerly Representing a Client in Mediation), the student is capable, as the modern lawyer should be, of representing a client in all ADR processes. The new emphasis is on facing the future. In addition to learning about ADR responses to existing matters, the student is challenged to put that learning to use in applying current ADR procedures to newly-developing issues, and in developing new processes when existing ones do not meet the client’s needs. Professors and students will benefit from: Thorough, systematic coverage, moving from overviews to critical analysis, application, evaluation, and practice A distinguished and experienced author team A direct and accessible writing style A wealth of simulations (both classic and new) and questions throughout Simulations allow students to evaluate, prepare for, and practice the various dispute resolution techniques Strong coverage of mediation
Mediating Legal Disputes
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Author : Dwight Golann
language : en
Publisher: American Bar Association
Release Date : 2009
Mediating Legal Disputes written by Dwight Golann and has been published by American Bar Association this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with Law categories.
This book combines theory with practical techniques for resolving difficult legal disputes, including: mediating effectively between hostile lawyers and parties; dealing with insulting first offers and reneging; predicting litigation outcomes without alienating disputants; effective impasse-breaking tips; and, for litigators, utilizing a mediator's special powers to achieve better outcomes for clients. Includes a DVD that demonstrates conducting an opening session, eliciting offers, delivering an evaluation, applying impasse tactics, and other essential skills.
Designing Systems And Processes For Managing Disputes
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Author : Nancy H. Rogers
language : en
Publisher: Aspen Publishing
Release Date : 2018-12-03
Designing Systems And Processes For Managing Disputes written by Nancy H. Rogers and has been published by Aspen Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-12-03 with Law categories.
Designing Systems and Processes for Managing Disputes features a hands-on, interdisciplinary approach with wide-ranging practical applications. Seven real-life case studies and numerous examples have students designing and implementing a process for resolving and preventing disputes where traditional processes have failed. This is a must-read for students and practitioners alike. New to the Second Edition: A chapter-long focus on facilitation skills for designers The addition of a seventh central case study related to processes following the Trayvon Martin shooting in Sanford, Florida A new appendix with an overview of mediation for students who have not taken a prior course in mediation An interesting new story by a Brazilian judge who used Designing Systems and Processes for Managing Disputes to create new processes to resolve multiple cases, some pending over 20 years, arising from lands taken to create a new national park A new question focusing on the issues related to designing court-connected mediation programs Updates throughout all chapters and the appendix Professors and students will benefit from: Focus on skills development for dispute systems designers A multidisciplinary approach Biographies of designers, providing students with a sense of how to get into dispute systems design work An appendix assisting students who have no background in dispute resolution, with brief overviews of negotiation, mediation, and arbitration Problems and exercises to help students apply their learning Examples of complex disputes Featured disputes including eBay, a child abuse claims tribunals, court-related mediation, intra-institutional disputes, and community and post-violence conflicts
Mediation
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Author : Carrie J. Menkel-Meadow
language : en
Publisher: Aspen Publishing
Release Date : 2020-02-02
Mediation written by Carrie J. Menkel-Meadow and has been published by Aspen Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-02-02 with Law categories.
Mediation: Practice, Policy, and Ethics provides a comprehensive and current introduction to the world of mediation, including an overview of conflict, perspectives on justice, and dispute resolution processes to handle disputes in a variety of contexts. The book has chapters on negotiation theory and practice, as well as law and policy, case examples, and practice guidelines for mediators and attorney representatives. Leading scholars and award-winning teachers in the field present descriptions of the various forms mediation takes and mediation’s place in the panoply of dispute resolution processes. Both critiques of mediation and descriptions of its promise and potential are included. Chapters on advising clients on process choice, dispute process design, international and complex mediation, facilitation, and hybrid processes are also offered. The practical, problem-solving approach includes both analytical and behavioral approaches in varying gender, race, and cultural contexts. The text can be used for lawyer-mediators, lawyer-representatives in mediation, and non-lawyer mediators. New to the Third Edition: Streamlined text designed to be more student-friendly New updates to time-tested problems and cases have to keep the book up-to-date Professors and students will benefit from: Comprehensive current coverage of mediation including: Law and policy, case examples, and practice guidelines for mediators and attorney representatives Authors that are leading and award-winning scholars, teachers, and practitioners in this area Clear presentation of the advantages of mediation as well as critiques and concerns A practical, problem-solving approach that includes: Both analytical and behavioral approaches Varying gender, race, and cultural contexts Key excerpts from some of the most renowned scholars in the field Text that is applicable across the field of mediation with coverage of: Lawyer-mediators Lawyer-representatives in mediation Non-lawyer mediators