[PDF] Advocacy In Mediation Ethical Issues Of Alternative Dispute Resolution eBook

Author : John W. Cooley
Publisher : National Inst for Trial Advocacy
Page : 442 pages
File Size : 21,19 MB
Release : 2002-01-01
Category : Mediation
ISBN : 9781556817809

GET BOOK

"One of the very few books that actually approaches mediation from the viewpoint of the attorney/advocate rather than that of the neutral or the party."--James B. addresses the ethical considerations of mediation, & the difference between good tactics & unethical conduct. The appendix contains checklists covering issues such as mediator selection & postmediation advocacy. It also contains sample mediation agreements, forms, & organizations offering alternative dispute With mediation becoming a predominant way to resolve lawsuits, learn how to get the best results for your client in this setting. Cooley, an experienced judge, trial attorney, mediator, & arbitrator, leads you step-by-step through the stages of mediation. You will learn: How mediation works What cases are suited for mediation How to select a mediator How to prepare for mediation Tactics to use during the mediation hearing What you can do if an agreement is not reached The CPR Institute for Dispute Resolution named Mediation Advocacy a finalist in the outstanding book category of its 1996 Awards for Excellence in ADR.

Author : Dwight Golann
Publisher :
Page : 504 pages
File Size : 26,68 MB
Release : 2006
Category : Law
ISBN :

GET BOOK

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

Author : Dwight Golann
Publisher : Aspen Publishers
Page : 596 pages
File Size : 41,58 MB
Release : 1996
Category : Law
ISBN :

GET BOOK

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.

Author : Stephen Walker
Publisher : Bloomsbury Publishing
Page : 509 pages
File Size : 41,1 MB
Release : 2018-10-18
Category : Law
ISBN : 1526507943

GET BOOK

Are you getting the best out of mediation? Written by an active practising mediator, Mediation Advocacy: Representing and Advising Clients in Mediation takes you inside the mediation process, from the initial consideration of mediation to settlement and beyond. Drawing on current practical experience and the latest behaviour research in clear readable language it deals with the legal, financial, psychological and practical dimensions of mediation. A 'how to do it' guide for anyone attending mediations as representatives, clients, experts or mediators, the fully revised, restructured and updated Second Edition includes: - New chapters on: -- Cross cultural issues – what to say and do and what not to say and do. With examples that you can use -- Online Mediation – explains the differences when mediating by phone or via a video link. Tips and tricks to help you get started -- Developing your practice as a mediation advocate: people are making money as specialists. Learn how to do it - Increased emphasis on how to conduct a negotiation in mediations - Expanded chapters on mind traps and the effect of cognitive biases on decision-making - New material on how to speak and present at mediations. Includes exercises to put you in the right mental and physical state on the day - Improved visuals and flow charts - Worked examples of risk analysis - Updated scripts for advocates and clients to use in joint sessions - Dedicated sections on self-advocacy – for those who are going to mediation without their lawyer

Author : Andrea Doneff
Publisher : Aspen Publishing
Page : 307 pages
File Size : 15,78 MB
Release : 2014-07-17
Category : Law
ISBN : 163281403X

GET BOOK

Alternatives to Litigation was first published in 1993 when alternate dispute resolution practice was in its infancy. Now in its Third Edition, this book reflects the growth in this field and also the growing interest and in some states mandatory use of ADR. Authors Andrea Doneff and Abraham Ordover explore key concepts and terms, and address practical how-to issues that all attorneys need to recognize and master regardless of their field of expertise. Alternatives to Litigation includes appendices providing sample agreements, checklists, a model standard of conduct, commentary on ethical issues and other useful resources.

Author : Ellen Waldman
Publisher : John Wiley & Sons
Page : 470 pages
File Size : 34,35 MB
Release : 2011-03-29
Category : Law
ISBN : 0787995886

GET BOOK

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

Author : Jay Folberg
Publisher : Aspen Publishers
Page : 0 pages
File Size : 18,38 MB
Release : 2016
Category : Compromise (Law)
ISBN : 9781454838746

GET BOOK

Dispute resolution : what it's all about -- Negotiation and conflict : the big picture -- Perception, fairness, psychological traps, and emotions -- Negotiator styles -- Negotiation dance : step by step -- Gender, culture, and race -- Negotiating ethics -- The law of negotiation -- An overview of mediation : the big picture -- A deeper look into the process -- Representing clients : preparation -- Representing clients : during the process -- Specific applications -- Court-connected mediation and fairness concerns -- The law and of mediation -- Ethical issues for advocates and mediators -- Arbitration : the big picture -- Arbitration agreements -- Selecting arbitrators -- Arbitration procedures and awards -- The law of arbitration : judicial enforcement of arbitration agreements -- Judicial enforcement of arbitration awards -- Fairness in arbitration, part I : employment, consumer, and adhesion contracts -- Fairness in arbitration, part II : Recent legislative and judicial developments -- Mixing and matching the process to the dispute -- Dispute resolution design : stepped clauses and conflict management systems -- Looking ahead : opportunities and challenges in ADR and conflict management

Author : Joel Lee
Publisher : World Scientific
Page : 184 pages
File Size : 35,20 MB
Release : 2019-07-29
Category : Law
ISBN : 9811209138

GET BOOK

What do nudges and choice architecture have to do with encouraging mediation?What should one consider when drafting enforceable mediation clauses?Does negotiating with children hold the secret to becoming better mediators?The signing of the Singapore Convention on 7 August 2019 heralds a new milestone in mediation. Contemporary Issues in Mediation Volume 4 examines the draft Convention of International Settlement Agreements resulting from mediation and provides some answers to guide the drafting of enforceable mediation clauses. Practitioners would be especially interested in the new section 'Mediation Obligations and Ethics', featuring discussions on mediator's neutrality and confidentiality, as well as a mediation advocate's ethical duty of honesty. A traditionally well-received category 'Mediation Skills' is also expanded with new entries, with one essay on crisis negotiation skills and another that examines how learning from children can help mediators better deal with emotions or difficult parties. Socially conscious readers will no doubt enjoy the research and views presented on an increasingly popular topic, how gender roles shape the power balance in family mediation. As the world heads into a new era with mediation given prominence on the global stage, the valuable insights in this edition will undoubtedly equip you with the necessary knowledge to navigate this space.