Author: Andrew Goodman
Covering issues of substance, including the legal context of mediation, process, tactics and strategy, the book also includes the current rules and example problems set for more than ten major national and international student mediation and negotiation competitions held around the world.
Developing Artistry in Practice
Author: Michael D. Lang,Alison Taylor
Publisher: John Wiley & Sons
Category: Business & Economics
The Making of a Mediator goes beyond the basics of mediation process. In this essential resource, expert mediator and teacher Michael Lang outlines his innovative model of artistry in professional practice that results from the understanding of and connection between reflective practice and interactive process. Together with Allison Taylor, they have created a landmark book that offers conflict resolution professionals the theories, principles, practices, and ideas for developing true artistry in mediation.
How to Mediate Insured Claims and Other Monetary Disputes
Author: J. Anderson Little
Publisher: American Bar Association
Category: Language Arts & Disciplines
Learn how to deal with the peculiar problems of traditional bargaining through proven models and techniques that will help you to: Gain a better understanding of the dynamics of money negotiations, Identify the recurring problems presented in the negotiation of insured claims, Arm yourself with new tools to move beyond impasse, Build a model of the mediation process that assists when traditional bargaining is unavoidable, Help the parties in traditional bargaining in a facilitative, rather than a directive way. Book jacket.
Practice, Policy, and Ethics
Author: Carrie J Menkel-Meadow,Lela Porter-Love
Publisher: Wolters Kluwer Law & Business
Mediation: Practice, Policy, and Ethics provides a comprehensive and current introduction to the world of mediation, including law and policy, case examples, and practice guidelines for mediators and attorney representatives. Leading scholars and award-winning teachers in the field present critiques of mediation as well as its promise and potential. Their 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. An extensive Teacher’s Manual offers suggested syllabi, teaching notes, simulations, discussion pointers, and exam and paper suggestions for each chapter. The Second Edition showcases recent case developments in mediation and adds selections from the latest law review and practical writings on new forms and applications of the processes. New material on cultural diversity also includes coverage of international and intercultural mediation. New problem sets appear in the text, and new simulations are found in the Teacher's Manual. Features: comprehensive current coverage of mediation law and policy case examples practice guidelines for mediators and attorney representatives authors are leading scholars and award-winning teachers in this area presents critiques of mediation as well as its promise and potential practical, problem-solving approach both analytical and behavioral approaches varying gender, race, and cultural contexts can be used across the field lawyer-mediators lawyer-representatives in mediation non-lawyer mediators suggested syllabi teaching notes simulations discussion pointers exam and paper suggestions for each chapter Thoroughly updated, the revised Second Edition presents: recent case developments in mediation and related processes selections from latest law review and practical writings on new forms and applications of mediation processes new materials on cultural diversity and international and intercultural mediation
A Handbook for Resolving Business Disputes
Author: Bennett G. Picker
Publisher: Amer Bar Assn
Written in a user-friendly style, the book is intended for lawyers and businesspersons alike and provides invaluable and straightforward understanding of key suitabilty, preparation and advocacy issues in mediation.
Author: Robin Jacob,Daniel Alexander,Matthew Fisher
Publisher: A&C Black
This is a unique book about Intellectual Property. It is aimed not only at law students studying the subject but also at interested users of IP - business people, inventors, scientists, designers and the like. It provides an outline of the basic legal principles which underpin and reguilate the subject, educatuing the reader as to the shape of the law. However, critically, it also gives insight into how the system actually works. You cannot understand chess by merely learning the rules - you also have to know how the game is played: so too with Intellectual Property. To achieve its object the authors deliberately avoid technicalities: keeping things simple, yet direct. There are no footnotes to distract. Although cases are, inevitably, referred to, they are explained in a pithy, accessible manner. The authors try wherever possible to be both serious and light-hearted at the same time. All major areas of IP - patents, trade marks, copyright and designs - are covered, along with briefer treatment of other rights and subjects such as breach of confidence, plant varieties and databases. A novice reader of this book should come away both with a clear outline of IP law and a feeling for how it works. Students will be able to put their more detailed study into perspective. Users will be able to understand better how IP affects them and their businesses.
Author: Samantha Hardy,Olivia Rundle
Publisher: CCH Australia Limited
Category: Dispute resolution (Law)
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.
Cases and Commentaries
Author: Ellen Waldman
Publisher: John Wiley & Sons
Mediation Ethics is a groundbreaking text that offers conflict resolution professionals a much-needed resource for traversing the often disorienting landscape of ethical decision making. Edited by mediation expert Ellen Waldman, the book is filled with illustrative case studies and authoritative commentaries by mediation specialists that offer insight for handling ethical challenges with clarity and deliberateness. Waldman begins with an introductory discussion on mediation's underlying values, its regulatory codes, and emerging models of practice. Subsequent chapters treat ethical dilemmas known to vex even the most experienced practitioner: power imbalance, conflicts of interest, confidentiality, attorney misconduct, cross-cultural conflict, and more. In each chapter, Waldman analyzes the competing values at stake and introduces a challenging case, which is followed by commentaries by leading mediation scholars who discuss how they would handle the case and why. Waldman concludes each chapter with a synthesis that interprets the commentators' points of agreement and explains how different operating premises lead to different visions of what an ethical mediator should do in a given case setting. Evaluative, facilitative, narrative, and transformative mediators are all represented. Together, the commentaries showcase the vast diversity that characterizes the field today and reveal the link between mediator philosophy, method, and process of ethical deliberation. Commentaries by Harold Abramson Phyllis Bernard John Bickerman Melissa Brodrick Dorothy J. Della Noce Dan Dozier Bill Eddy Susan Nauss Exon Gregory Firestone Dwight Golann Art Hinshaw Jeremy Lack Carol B. Liebman Lela P. Love Julie Macfarlane Carrie Menkel-Meadow Bruce E. Meyerson Michael Moffitt Forrest S. Mosten Jacqueline Nolan-Haley Bruce Pardy Charles Pou Mary Radford R. Wayne Thorpe John Winslade Roger Wolf Susan M. Yates
Planning, Negotiating and Filing Your Divorce
Author: Barbara Kahn Stark,M. Arden Hauer,Susan Wendall Whicher
A great how-to book for people who are going through a divorce. Whether you work with an attorney, a mediator or do it yourself, this guidebook will answer your questions about divorce. Friendly Divorce Guidebook for Connecticut helps you understand your options and emotions. This book leads you through the decision making process, the legal system, negotiations, separation, finances, paperwork, and dealing with issues such as children, homes and taxes. Inside you will find: -- checklists -- things to gather and do -- examples -- ways to divide your property -- practical tips for parenting your children -- instructions on calculating child support -- sample Connecticut court forms and instructions
A Handbook for Committing the Truth
Author: Tom Devine,Tarek F. Maassarani
Publisher: Berrett-Koehler Publishers
Category: Business & Economics
From Erin Brockovich to Enron, whistleblowers who “challenge abuses of power that betray the public trust” have proven to be an unfortunate necessity in modern business culture. Their efforts to report crimes, fraud, and dangers to public health and safety have saved millions of lives and billions of dollars of shareholder value – and had we heeded the warnings of whistleblowers, perhaps disasters such as the Bernie Madoff scandal and the Lehman Brothers meltdown could have been averted. Recent federal legislation in finance and health reform have cemented legal protections and mechanisms for whistleblowing. This book provides a thorough guide and history to the whistleblower's legal rights. The ultimate survival guide, it provides advice on getting help and finding allies, warns that retaliation is often the reward for "committing the truth" and shows how to weather the storm. With extensive legal texts, sample letters, resources, and information on upcoming whistleblower reforms, this is the ultimate source on the subject.
Author: David Spencer,Michael Brogan
Publisher: Cambridge University Press
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.
Author: Gavin Drewry,Louis Blom-Cooper,Charles Blake
Publisher: Bloomsbury Publishing
Civil justice has been undergoing a massive transformation. There have been big changes in the management of judicial business; the Human Rights Act 1988 has had a pervasive impact; the Constitutional Reform Act 2005 has effected many changes - notably, the prospective transfer of the appellate jurisdiction of the House of Lords to a new Supreme Court. Against this backcloth of radical change, this book looks at the recent history and the present-day operation of the civil division of the Court of Appeal - a court that, despite its pivotal position, has attracted surprisingly little scholarly attention. It examines the impact of the permission to appeal requirements, and the way in which applications - particularly those by litigants in person - are handled; it looks at the working methods of the Lords Justices and at the leadership of the Court by recent Masters of the Rolls; it considers the relationship between the Court and the House of Lords - looking at high-profile cases in which the Court has been reversed by the Lords. Notwithstanding the impending arrival of the Supreme Court, it concludes that 'the Court of Appeal will remain firmly in place, occupying its crucial position as, to all intents and purposes, the court of last resort-indeed, a supreme court-for most civil appellants.'
Mediation Through Understanding
Author: Gary J. Friedman,Jack Himmelstein
Publisher: Amer Bar Assn
This revolutionary book shows how mediators and lawyers can help parties to escape the way conflict has them trapped and to work together toward meaningful and lasting resolutions that deeply respect their humanity. Through the telling of ten riveting stories of real mediations in diverse settings, the principles and methodologies of this dynamic approach to conflict come alive. In so "Challenging conflict," the authors also challenge the conflict resolution field to reach for more. Book jacket.