mediation the roles of advocate and neutral aspen casebook

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Author : Dwight Golann
ISBN : 9781454876021
Genre : Law
File Size : 36. 58 MB
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With an emphasis on the practical, Mediation: The Roles of Advocate and Neutral, Third Edition, integrates theory with skills and strategies, ethics, and multiple practice applications to teach students about mediation and how to represent clients effectively in the process. This next-generation casebook includes all of the mediation material in Resolving Disputes as well as selected materials from the negotiation and hybrid sections. It expands the mediation coverage in the survey casebook, focusing on psychological barriers, techniques of conducting legal mediation, and how to use mediation as a litigator. Lastly, the third edition of Mediation adds coverage not available in the survey book, including exploration of cognitive obstacles, subtle emotional issues, methods of facilitating positional bargaining and disagreements over legal issues, and policy issues affecting mediation. Features: Expanded discussion of how cognitive barriers and emotions such as grief and loss can impact settlement. Examples showing how lawyers sometimes act as informal mediators. A chapter that place caucus, no-caucus, all-caucus and transformative models of mediation side by side, allowing teachers to compare and contrast processes. The purchase of this Kindle edition does not entitle you to receive 1-year FREE digital access to the corresponding Examples & Explanations in your course area. In order to receive access to the hypothetical questions complemented by detailed explanations found in the Examples & Explanations, you will need to purchase a new print casebook.

Lawyer Negotiation

Author : Jay Folberg
ISBN : 9781454876014
Genre : Law
File Size : 59. 6 MB
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Designed to prepare law students to negotiate knowledgeably and successfully as lawyers representing clients, Lawyer Negotiation: Theory, Practice, and Law, Third Edition, features an integrated approach that combines theory, skills, negotiation strategy, ethics, and law. A very readable, interesting, 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 and provocative questions throughout the text raise practical negotiation challenges and policy issues. Excerpts from other leading authors are included, allowing for diverse ideas to be presented on negotiation techniques, and eliminating the need for supplemental material. In addition, examples are included from cases, literature, and the authors' files. Key Features: Retains the same popular format as previous editions while incorporating user recommendations. Updated and new excerpts from leading experts presenting different views on practice challenges. Fresh notes and examples. Additional coverage on causes of conflict, heuristics, the role of emotions, and decision science. New material on telephone, email, and cyber negotiation More helpful advice for effectively representing clients and negotiating in mediation

View From The Middle Of The Road

Author : Jan Frankel Schau
ISBN : 9781481710053
Genre : Business & Economics
File Size : 21. 58 MB
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Every day in mediation offices around the world, parties come together to tell their unique story as it relates to a conflict in their lives. In a single, prescient day, they expect to end their pending litigation. Sometimes the resolution requires money. Other times it requires an apology, an explanation or an agreement to put the conflict behind the disputants and move forward in peace. Sometimes, it just requires an impartial set of ears, an open heart and a willing third party to lead the way with dignity, decency and humanity. Such is the life of a mediator. The mediator is the glue: the compassionate ear that can listen deeply and find the connections between the two stories. While lawyers are trained to fight for the rights of their clients, mediators are trained to look for the validity of both points of view. It is, indeed, a different perspective. "View from the Middle of the Road" is a highly entertaining collection of mediation stories based upon a year of self-reflective analysis by author and prominent Los Angeles mediator, Jan Frankel Schau. The stories are intriguing, endearing and sometimes infuriating. The author takes the time to describe her "bird's eye" view and illustrate specific Mediator's Tools used by her in each dispute. Students of mediation, disputants and their counsel and Judges will find these tools incredibly useful and insightful. Where parties have a seat at the negotiating table and can be fully heard with compassion, an open-mind and an open heart, the implications for peace-making extend far, far beyond the litigated case. That is Jan Frankel Schau's View from the Middle of the Road: A Mediator's Perspective on life, conflict and human interaction.

The Practice Of Mediation

Author : Douglas N. Frenkel
ISBN : 9781454821434
Genre : Law
File Size : 61. 75 MB
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First published in 2008,The Practice of Mediation: A Video-Integrated Text was the first book to combine in-depth textual analysis of the mediation process with videos illustrating the stages of the mediation process and the many constituent skills of effective mediators. Written in a highly accessible and conversational style, the text provides students a sophisticated understanding of the negotiation process and the barriers to conflict resolution. Accompanied by video of three unscripted mediated disputes, based on actual cases, the presentation allows students to see what they are reading about, preparing them for all major approaches to mediation. The Second Edition of this widely adopted text contains new and expanded coverage of on-line mediation, cross-cultural mediation and co-mediation, as well as new, non-legal examples of the use of mediation. It includes a revised and expanded discussion of effective persuasion and problem solving, based on cutting edge social science research findings. And it expands the video content from 6 to 7 hours, by including a new, full-length video of the text s high-conflict child custody study, illustrating the stages of the process in sequence. Features of The Practice of Mediation: Accessible, conversational style. Provides students with a sophisticated conceptual understanding of the negotiation process and the cognitive, psychological and strategic barriers to conflict resolution. Teaches about the mediation process from the inside out, breaking down the skills of effective mediation into their component parts. Offers close analysis of major ethical and role issues that mediators encounter. Prepares students for all of the major approaches to mediation. Includes a self-contained chapter with video extracts on representing clients in mediation Includes seven hours of online video, depicting nine professional mediators, with different backgrounds and orientations, mediating three different cases, often with very different results. The video extracts are fully integrated with the text, enabling students to see what they are reading about as they read it. The online video saves precious classroom time, allowing viewing and analysis outside of class. The three cases depicted in the video are based on real, mediated disputes: A child custody case. A small-claims consumer dispute between a homeowner and a kitchen contractor. A complex negligence suit filed by a tenant against his former landlord after an intruder robbed him at knifepoint. The video includes an extended comparative example of facilitative and evaluative mediation of the same matter. Mediators and lawyers perform as they would in the actual case. Professional actors portray the role of the disputants in an extremely realistic fashion.

Stories Mediators Tell

Author : Lela Porter Love
ISBN : 1634256743
Genre : Law
File Size : 30. 55 MB
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"This second edition of [this title] encompasses stories from around the world. The writers (24 top international mediators) were asked to write about moving, successful, unsuccessful, happy, sad and funny mediations...From these...stories, mediators will learn how to help clients find positive outcomes to conflict resolution."--

Elements Of Nevada Legal Theories

Author : Steven J. Klearman
ISBN : 9781483576145
Genre : Law
File Size : 63. 19 MB
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Back and better in its 15th Anniversary Fourth Edition, this concise guide provides the elements of Nevada's most frequently pleaded common law and statutory claims, together with supplemental information for each claim that covers facts, proof, remedies and damages. A recently added section adds applicable statutes of limitation where possible. Utilized and valued by attorneys and judges throughout Nevada. This is the one and only original guide to the elements of Nevada civil law, developed with a team of top legal researchers over 15 years. Anything else is just cheap imitation...

How Leading Lawyers Think

Author : Randall Kiser
ISBN : 3642204848
Genre : Law
File Size : 26. 27 MB
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In this book, 78 leading attorneys in California and New York describe how they evaluate, negotiate and resolve litigation cases. Selected for their demonstrated skill in predicting trial outcomes and knowing when cases should be settled or taken to trial, these attorneys identify the key factors in case evaluation and share successful strategies in pre-trial discovery, negotiation, mediation, and trials. Integrating law and psychology, the book shows how skilled attorneys mentally frame cases, understand jurors’ perspectives, develop persuasive themes and arguments and achieve exceptional results for clients.

Dispute Resolution

Author : Stephen B. Goldberg
ISBN : 9781454822912
Genre : Law
File Size : 74. 1 MB
Format : PDF
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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.

Principles Of Financial Regulation

Author : Hogan Lovells Professor of Law and Finance John Armour
ISBN : 9780198786474
Genre :
File Size : 87. 47 MB
Format : PDF, Kindle
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The financial crisis of 2007-9 revealed serious failings in the regulation of financial institutions and markets, and prompted a fundamental reconsideration of the design of financial regulation. As the financial system has become ever-more complex and interconnected, the pace of evolution continues to accelerate. It is now clear that regulation must focus on the financial system as a whole, but this poses significant challenges for regulators. Principles of Financial Regulation describes how to address those challenges. Examining the subject from a holistic and multidisciplinary perspective, Principles of Financial Regulation considers the underlying policies and the objectives of regulation by drawing on economics, finance, and law methodologies. The volume examines regulation in a purposive and dynamic way by framing the book in terms of what the financial system does, rather than what financial regulation is. By analysing specific regulatory measures, the book provides readers to the opportunity to assess regulatory choices on specific policy issues and encourages critical reflection on the design of regulation.

Colonizing The Body

Author : David Arnold
ISBN : 0520082958
Genre : History
File Size : 78. 29 MB
Format : PDF, ePub
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In this innovative analysis of medicine and disease in colonial India, David Arnold explores the vital role of the state in medical and public health activities, arguing that Western medicine became a critical battleground between the colonized and the colonizers. Focusing on three major epidemic diseases--smallpox, cholera, and plague--Arnold analyzes the impact of medical interventionism. He demonstrates that Western medicine as practiced in India was not simply transferred from West to East, but was also fashioned in response to local needs and Indian conditions. By emphasizing this colonial dimension of medicine, Arnold highlights the centrality of the body to political authority in British India and shows how medicine both influenced and articulated the intrinsic contradictions of colonial rule.

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