Negotiation And Dispute Resolution For Lawyers


Negotiation And Dispute Resolution For Lawyers
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Negotiation And Dispute Resolution For Lawyers


Negotiation And Dispute Resolution For Lawyers
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Author : Jordaan, Barney
language : en
Publisher: Edward Elgar Publishing
Release Date : 2022-06-10

Negotiation And Dispute Resolution For Lawyers written by Jordaan, Barney and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-06-10 with Law categories.


Expertly combining negotiation theory and practice, Negotiation and Dispute Resolution for Lawyers demonstrates how lawyers can deliver enhanced levels of service to their clients. Comprehensive and engaging, the book is a lawyer’s guide to resolving conflict, negotiating deals, preserving important client relationships, and ultimately becoming truly effective problem solvers.



Lawyer Negotiation


Lawyer Negotiation
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Author : Jay Folberg
language : en
Publisher: Aspen Publishing
Release Date : 2021-09-14

Lawyer Negotiation 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. Designed to prepare law students to negotiate knowledgably and successfully as lawyers representing clients, Lawyer Negotiation: Theory, Practice, and Law, Fourth Edition features an integrated approach that combines theory, skills, negotiation strategy, ethics, and law. A sleek, readable, and lively text for any law school Negotiation course, this book reflects the authors’ experience as negotiators, mediators, ADR teachers, and trainers. Interesting notes, thoughtful problems, provocative questions, and new video resources throughout the text raise practical negotiation challenges and policy issues. The focus is on negotiating legal claims and issues on behalf of clients. Previous editions have proven popular because of the very readable and lively text, interesting notes, thoughtful problems, and provocative questions that raise practical negotiation challenges and issues, which are updated in this new edition. Carefully curated excerpts from other leading authors are included, allowing for diverse ideas to be presented on negotiation techniques and eliminating the need for supplemental material. Vivid examples are included from real cases and literature, which bring negotiation concepts and applications to life. The book is designed for experiential, interactive teaching utilizing provided role-plays, exercises, problems, and streaming video examples. In addition to direct negotiation, how to advantageously use assisted negotiation in the form of mediation advocacy is included. New to the Fourth Edition: Fresh material and perspective benefiting from a new co-author Each chapter has been updated with new insights and examples More video-based examples, problems, and resources—linked video excerpts can now be streamed showing different negotiation styles and techniques Streamlined presentation of outside excerpts Greater coverage of distance negotiation, including email and remote contexts Increased focus on #MeToo, gender, social activism, historical inequities, anti-racism, cultural and style differences, online negotiation, technological advances, and other crucial issues affecting negotiation and dispute resolution today Excerpts have been condensed or summarized to shorten reading assignments, allowing more time for experiential learning Professors and student will benefit from: Step-by-step 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 as negotiators Practice-based approach which helps students apply the concepts Exercises and accompanying role-plays that facilitate classroom discussion Assessment tools to aid in student learning and understanding Videos that show experienced lawyers, negotiators, and mediators performing role plays



Dispute Resolution


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



Negotiation Essentials For Lawyers


Negotiation Essentials For Lawyers
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Author : Andrea Kupfer Schneider
language : en
Publisher: American Bar Association
Release Date : 2019

Negotiation Essentials For Lawyers written by Andrea Kupfer Schneider 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 2019 with Law categories.


This practical, easy-to-use guide is designed to help you figure out quickly what went wrong in yesterday's meetings, and how to fix it in tomorrow's follow-up. Each chapter starts with a brief introduction, followed by a standard section, Why This Concept Might Change Your Thinking. There, the author explains succinctly why their body of work might be useful specifically for lawyers. After that, each chapter has a section called Action Plan--What You Can Do Differently Tomorrow in which each author outlines specific steps you can take in your next negotiation. No other book comes close to this level of help for a lawyer facing a typical or even downright strange negotiating problem. This guide contains everything you need to know about negotiating in one compact volume.



Mediation


Mediation
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Author : Dwight Golann
language : en
Publisher:
Release Date : 2006

Mediation 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 2006 with Law categories.


This exciting new coursebook is designed to teach students how to represent clients effectively in resolving disputes through mediation. Written by the authors of a successful comprehensive casebook on dispute resolution and leading texts on mediating legal disputes, this book: includes all of the mediation material in their RESOLVING DISPUTES text, plus selected materials from the negotiation and hybrid sections includes chapters on negotiation styles and techniques, including problem-solving, competitive, and other approaches to bargaining expands on specific issues, such as process techniques and emotional barriers presents new coverage of material not in the parent book, such as readings on public policy concerns and decision analysis is accompanied by a unique teaching DVD available free of charge to adopters. The 18-chapter, 120-minute DVD presents professional-quality video of mediation and negotiation created by the authors, As well as excerpts from leading mediation videos is accompanied by a thorough Teacheriquest;s Manual with detailed syllabi, teaching notes, discussion points, exercises, simulations, role-plays, and suggestions for movies and film clips. The Teacher's Manual shows how teachers can bring classes alive by coordinating text, role-plays, and DVD video of experts playing the students' roles MEDIATION: The Roles of Advocate and Neutral has a distinctly practical focus: the text integrates theory with skills and strategies, ethics, The law, and problems drawn from practice, with greater emphasis than other texts on issues that students will encounter in legal practice focuses on the lawyer's perspective as an agent for clients includes examples from headline cases, literature, and practice draws on the authors' roles as leading ADR teachers, trainers, and practitioners of mediation in the United States and internationally



Negotiating On Behalf Of Others


Negotiating On Behalf Of Others
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Author : Robert H. Mnookin
language : en
Publisher: SAGE Publications
Release Date : 1999-10-11

Negotiating On Behalf Of Others written by Robert H. Mnookin and has been published by SAGE Publications this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999-10-11 with Language Arts & Disciplines categories.


Negotiating on Behalf of Others offers a framework for understanding the complexity and effects of negotiating on behalf of others and explores how current negotiation theory can be modified to account for negotiation agents. Negotiation agents are broadly defined to include legislators, diplomats, salespersons, sports agents, attorneys, and committee chairs—anyone who represents others in a negotiation. Five major negotiation arenas are examined in depth: labor-management relations, international diplomacy, sports agents, legislative process, and agency law. The book concludes with suggestions for future research and specific advice for practitioners. Chapter authors and commentators are leading figures in the field of negotiation. Negotiating on Behalf of Others is a must read for professional negotiators, graduate students, and scholars in the areas of business, public policy, law, international relations, sports, and economics. Negotiating on Behalf of Others is the result of the first of a series of seminars conducted by the faculty of the Program on Negotiation at Harvard on "complicating factors" in negotiations. The first of these complicating factors selected for study was the effect of the presence of an agent on the negotiating process.



The Handbook Of Dispute Resolution


The Handbook Of Dispute Resolution
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Author : Michael L. Moffitt
language : en
Publisher: John Wiley & Sons
Release Date : 2005-08-16

The Handbook Of Dispute Resolution written by Michael L. Moffitt and has been published by John Wiley & Sons this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005-08-16 with Law categories.


This volume is an essential, cutting-edge reference for all practitioners, students, and teachers in the field of dispute resolution. Each chapter was written specifically for this collection and has never before been published. The contributors--drawn from a wide range of academic disciplines--contains many of the most prominent names in dispute resolution today, including Frank E. A. Sander, Carrie Menkel-Meadow, Bruce Patton, Lawrence Susskind, Ethan Katsh, Deborah Kolb, and Max Bazerman. The Handbook of Dispute Resolution contains the most current thinking about dispute resolution. It synthesizes more than thirty years of research into cogent, practitioner-focused chapters that assume no previous background in the field. At the same time, the book offers path-breaking research and theory that will interest those who have been immersed in the study or practice of dispute resolution for years. The Handbook also offers insights on how to understand disputants. It explores how personality factors, emotions, concerns about identity, relationship dynamics, and perceptions contribute to the escalation of disputes. The volume also explains some of the lessons available from viewing disputes through the lens of gender and cultural differences.



Beyond Winning


Beyond Winning
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Author : Robert H. Mnookin
language : en
Publisher: Harvard University Press
Release Date : 2004-04-15

Beyond Winning written by Robert H. Mnookin and has been published by Harvard University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004-04-15 with Law categories.


Conflict is inevitable, in both deals and disputes. Yet when clients call in the lawyers to haggle over who gets how much of the pie, traditional hard-bargaining tactics can lead to ruin. Too often, deals blow up, cases don't settle, relationships fall apart, justice is delayed. Beyond Winning charts a way out of our current crisis of confidence in the legal system. It offers a fresh look at negotiation, aimed at helping lawyers turn disputes into deals, and deals into better deals, through practical, tough-minded problem-solving techniques.



Mediation For Lawyers


Mediation For Lawyers
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Author : Samantha Hardy
language : en
Publisher: CCH Australia Limited
Release Date : 2010

Mediation For Lawyers written by Samantha Hardy and has been published by CCH Australia Limited this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with Law categories.


The focus of this book is on practical application of theory. The book is founded in current mediation theory relating to the range of models used in Australia, and includes detailed contextual information including the legislative frameworks for mediation in different jurisdictions. 'Mediation for Lawyers' provides practical advice and tools (checklists) for legal practitioners who represent clients in mediation.



Advanced Negotiation And Mediation Theory And Practice


Advanced Negotiation And Mediation Theory And Practice
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Author : Paul J. Zwier
language : en
Publisher: Aspen Publishing
Release Date : 2015-12-17

Advanced Negotiation And Mediation Theory And Practice written by Paul J. Zwier and has been published by Aspen Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-12-17 with Law categories.


In this new, updated edition of Advanced Negotiation and Mediation Theory and Practice, Paul Zwier and Thomas Guernsey present a strategic planning and integrated systematic approach to negotiation, which recognizes that both adversarial and problem-solving strategies have distinct advantages and that lawyers need to combine styles and strategies to achieve the best results for their clients. Zwier and Guernsey provide attorneys with an outline to plan and implement effective negotiation techniques, using up-to-date situations throughout the book to demonstrate how understanding negotiation theory and practice can help them partner with their clients to make better strategic use of negotiation. The authors break down the counseling process into stages and show what information the client needs to make an informed decision. They then suggest and give examples of the techniques and skills that might be used to implement that decision in a negotiation and or mediation setting.