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Dispute Resolution

Author: Stephen B. Goldberg
Publisher: Wolters Kluwer Law & Business
ISBN: 1454822910
Size: 58.13 MB
Format: PDF, Mobi
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This comprehensive casebook 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-as well as the issues raised as these processes are combined, modified and applied. Using classic and contemporary simulations and questions, it allows students to evaluate, critique and practice the various dispute resolution techniques in use today. The Sixth Edition has been updated to reflect recent developments in empirical mediation research, including latest research on what makes a mediator successful. It re-examines the law of arbitration in light of recent U.S. Supreme Court rulings and offers more practice-related issues, questions and exercises- including emerging processes such as mediation-arbitration and online dispute resolution. Hallmark features: Thorough, systematic coverage, moving from overviews to critical analysis, application, evaluation, and practice. Distinguished, experienced author team. Direct, accessible writing. Wealth of simulations and questions that allow students to evaluate, prepare for, and practice, the various dispute resolution techniques ADR Research Guide in appendix. The revised Sixth Edition includes: More practice-related issues. The role and applications of modern technology in ADR. International applications of ADR processes. Updated synthesis of empirical mediation research, including the latest research on what makes a mediator successful. Full re-examination of the law of arbitration in light of recent U.S. Supreme Court rulings on arbitrability, preemption, judicial review, and process. Use of the principles of dispute system design as an organizing theme for examining variants on basic ADR processes. Updated materials on legal issues related to court orders to use dispute resolution, regulation of mediation, and mediation confidentiality. New questions and exercises, including exercises in mediation-arbitration and online dispute resolution.

Lawyers As Peacemakers

Author: J. Kim Wright
Publisher: American Bar Association
ISBN: 9781604428629
Size: 38.74 MB
Format: PDF, Kindle
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Lawyers as Peacemakers can teach lawyers new ways of finding satisfaction in thier practice and providing comprehensive, solution-focused services to clients; sometimes it's not about winning, it's about finding the best possible answer for everyone involved. These practices focus on a more holistic, humanistic, solution-based approach to resolving legal problems, an approach that many clients want and need.

Collaborative Divorce Handbook

Author: Forrest S. Mosten
Publisher: John Wiley & Sons
ISBN: 9780470528563
Size: 31.32 MB
Format: PDF, ePub, Mobi
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Forrest S. Mosten Collaborative Divorce Handbook Helping families without going to court Praise for Collaborative Divorce Handbook "There are many roads to peace. Whether you engage in collaborative practice, which by definition includes the provision that professionals will not represent the parties in litigation, or some other process for respectful conflict resolution, you will find Collaborative Divorce Handbook to be an invaluable resource for deepening your understanding and enhancing your skills as a peacemaker." —Talia L. Katz, JD, executive director, International Academy of Collaborative Professionals "Collaborative lawyering is a promising new way of resolving disputes through joint problem solving rather than adversary litigation that has particular appeal for divorce cases. Whether you are a client who seeks to learn more about it or a lawyer using it who desires a wise guiding hand, this book is an invaluable resource." —Frank E. A. Sander, Bussey Professor Emeritus, Harvard Law School "Written by one of the innovative thinkers in the field, Collaborative Divorce Handbook is a treasure of information for all professionals interested in collaborative divorce. Easy to read, expansive, and chock-full of resources, it is bound to become a classic." —Constance Ahrons, PhD, author, The Good Divorce and We're Still Family, and professor emerita, University of Southern California "Family law is changing. As more people realize that the adversarial process is expensive, degrading, and stressful, they look for alternatives and find it in various forms of alternative dispute resolution. Woody Mosten is the nationally recognized leader of this movement, and his book on collaborative practice literally will be 'The Handbook' we will all follow." —Garrett C. Dailey, Esq., CFLS, AAML, president, Attorney's BriefCase, Inc.

Dispute Resolution

Author: Carrie J. Menkel-Meadow
Publisher: Aspen Publishers
ISBN: 145485202X
Size: 20.80 MB
Format: PDF, ePub
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Dispute Resolution: Beyond the Adversarial Model, Third Edition provides a comprehensive look at the current state of ADR. For each area of Negotiation, Mediation, Arbitration, and Hybrid processes, the text incorporates four key aspects: the theoretical framework defining the process; the skills needed to practice it; the ethical issues implicated in its use and how to counsel users of such processes; and legal and policy analyses, with questions and problems within the text. New to the Third Edition: A shorter, more compact book designed to be student-friendly Exercises and discussion problems throughout Designed for one chapter to be covered each week of a typical ADR course The latest on Online Dispute Resolution, Dispute System Design, Supreme Court decisions on arbitration, and empirical work on mediation and negotiation Professors and students will benefit from: Comprehensive, current coverage. The theory, skills, ethical issues, and legal and policy analyses relevant to all key areas of contemporary ADR practice—Negotiation, Mediation, Arbitration, and hybrid and multi-party processes and their appropriate uses—are thoroughly covered using a rich range of up-to-date cases and readings. Authored by the leading scholars and teachers in the field of Dispute Resolution. The authors are award winning and recognized for their scholarship, teaching, practice, policy making, and standards drafting throughout the wide range of particular ADR processes. Practical approach to problem-solving. The text engages students as active participants in resolving human and legal problems, using individual or combined resolution processes in varying gender, race, and cultural contexts. International and multi-party dispute resolution. These important, high-interest contexts and applications are thoroughly covered in discrete chapters. Readings balance theory and theory-in-use. Readings include cases, behaviorally and critically based articles, examples, empirical studies, and relevant statutory and other regulatory material to illuminate the challenge of balancing rules and laws with the economic and emotional constraints inherent in disputes. Challenging, relevant readings. The text includes a wide range of perspectives, from Fisher, Ury, and Patton’s Getting to Yes, Raiffa’s Art and Science of Negotiation, and materials on modern deliberative democracy, group facilitation and decision making, counseling clients about uses of ADR, enforcement of negotiation, and mediation agreements. Key cases include AT&T v. Concepcion and other recent Supreme court cases on arbitration. Teaching materials include: Numerous role-plays and simulations for skills development Suggested teaching exercises, syllabi and “answers” to problem boxes found in text Recommendations for supplemental materials, such as videos and transcripts Examination and paper suggestions for each chapter

Negotiation

Author: Carrie J Menkel-Meadow
Publisher: Wolters Kluwer Law & Business
ISBN: 1454818913
Size: 62.94 MB
Format: PDF, Kindle
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A distinguished team of leaders in the field of dispute resolution offers a thorough treatment of negotiation skills, ethics, and problem-solving techniques. Comprehensive and current, Negotiation: Processes for Problem Solving covers the theory, skills, ethical issues, and legal and policy analyses relevant to all key areas of negotiation practice. Carefully selected cases are supported by key readings, from critical articles and empirical studies to statutes and regulations. An extensive Teacher’s Manual delivers problems, role-plays, sample syllabi, notes, and lists of supplemental materials. New research is distilled for use by law students and practicing lawyers. New and complex examples from international negotiation problems come from both private and public environments. The Second Edition explores new forms of complex negotiation in international, multi-party and diverse settings and considers negotiators as problem-solving lawyers. The text is perfectly suited to free standing negotiation courses in American and foreign law schools. New problem sets appear in the text, and new simulations are found in the Teacher's Manual Features: a thorough treatment of negotiation skills, ethics, and problem-solving techniques comprehensive, current coverage theory skills ethical issues legal and policy analyses relevant to all key areas of negotiation practice distinguished authors are leaders in the field of dispute resolution carefully selected cases supported by key readings, from critical articles and empirical studies to statutes and regulations problems role-plays sample syllabi notes lists of supplemental materials Thoroughly updated, the revised Second Edition presents: latest interdisciplinary approaches to negotiation, including new empirical studies on-line negotiation social and cognitive psychology gender and negotiation, and multiple party negotiation new negotiation research distilled for law students and practicing lawyers deeper discussion of negotiators as problem-solving lawyers new and complex examples from international negotiation problems in both private and public environments new forms of complex negotiation in international, multi-party, and diverse settings Excellent for use in free-standing negotiation courses in American and foreign law schools.

Principled Negotiation And Mediation In The International Arena

Author: Paul J. Zwier
Publisher: Cambridge University Press
ISBN: 1107355206
Size: 65.80 MB
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This book argues that it can be beneficial for the United States to talk with 'evil' - terrorists and other bad actors - if it engages a mediator who shares the United States' principles yet is pragmatic. It shows how the US can make better foreign policy decisions and demonstrate its integrity for promoting democracy and human rights, by employing a mediator who facilitates disputes between international actors by moving them along a continuum of principles, as political parties act for a country's citizens. This is the first book to integrate theories of rule of law development with conflict resolution methods, and it examines ongoing disputes in the Middle East, North Korea, South America and Africa. It draws on the author's experiences with The Carter Center and judicial and legal advocacy training to provide a sophisticated understanding of the current situation in these countries and of how a strategy of principled pragmatism will give better direction to US foreign policy abroad.

Erfolgreich Verhandeln Mit Gef Hl Und Verstand

Author: Roger Fisher
Publisher: Campus Verlag
ISBN: 3593441233
Size: 58.18 MB
Format: PDF, ePub
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Verhandeln? Bitte mit Gefühl! Noch immer herrscht der weitverbreitete Irrglaube, Verhandlungen müssten möglichst rational geführt, Emotionen weitestgehend ausgeklammert werden. Roger Fisher (Mitautor des Bestsellers "Das Harvard-Konzept") und Daniel Shapiro (Autor von "Verhandeln. Die neue Erfolgsmethode aus Harvard") zeigen, dass diese Herangehensweise nicht nur impraktikabel, sondern auch wenig Erfolg versprechend ist. Denn der Mensch ist ein emotionales Wesen und egal ob Freude, Wut oder Angst: Gefühle sind fester Bestandteil unseres Denkens und Handelns, die auch in sachlichen Verhandlungen nicht abgeschaltet werden können. Fisher und Shapiro zeigen, dass sich Emotionen sogar positiv auf das Verhandlungsergebnis auswirken: Wer die Bedeutung und Anzeichen der wichtigsten emotionalen Grundbedürfnisse erkennt, kann sie gezielt aktivieren und ansprechen und dadurch den Verhandlungsverlauf positiv beeinflussen.