ADR Personalities and Practice Tips PDF Download

Author: James J. Alfini
Publisher:
ISBN:
Category : Arbitration and award
Languages : en
Pages : 304

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Author: Roger Fisher
Publisher: Houghton Mifflin Harcourt
ISBN: 9780395631249
Category : Business & Economics
Languages : en
Pages : 242

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Book Description
Describes a method of negotiation that isolates problems, focuses on interests, creates new options, and uses objective criteria to help two parties reach an agreement.

Author: Stephen B. Goldberg
Publisher: Aspen Publishing
ISBN: 1543801080
Category : Law
Languages : en
Pages : 704

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Book Description
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

Author:
Publisher:
ISBN:
Category : Arbitration and award
Languages : en
Pages : 600

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Author: Forrest S. Mosten
Publisher: John Wiley & Sons
ISBN: 0470528567
Category : Family & Relationships
Languages : en
Pages : 282

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Book Description
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.

Author: Bill Eddy
Publisher: Unhooked Books
ISBN: 9781950057214
Category :
Languages : en
Pages : 232

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Book Description
High conflict mediation requires a paradigm shift from traditional mediation--high conflict experts Bill Eddy and Michael Lomax show you how. Over the past ten years the authors have been developing and practicing tips for managing high conflict clients in mediation, which is now a fully developed new method called New Ways for Mediation(R).Mediating High Conflict Disputes gives all of the little tips which any mediator can use, as well as the step-by-step structure of the New Ways for Mediation method for those who want to have better control of the process in high conflict cases--or any cases. Bill Eddy is primarily a family mediator in San Diego, California, with a worldwide reputation for training mediators, lawyers, judges and counselors in methods for working with clients with "high conflict" personality disorders or traits. Michael Lomax is a mediator dealing with family, workplace, military and government agency disputes in British Columbia, Canada. Both have provided training in this method for High Conflict Institute over the past ten years. This book is divided into three parts: Part 1 provides a thorough explanation of the thinking and behavior of parties with high conflict personalities, with an emphasis on what does not work and should be avoided. Part 2 provides a detailed description of the New Ways for Mediation method, including several paradigm shifts in each step of the process for greater success. Its similarities and differences with interest-based negotiations and transformative mediation methods are explained. Part 3 includes numerous examples describing cases with special issues in several settings, including family, workplace, and disputes involving government agencies.

Author: Bennett G. Picker
Publisher: American Bar Association
ISBN:
Category : Law
Languages : en
Pages : 254

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Book Description
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: Alan Scott Rau
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 400

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Book Description
Law school casebook that provides detailed on mediation and other non-building alternative dispute resolution processes. The casebook provides the tools for fast, easy, on-point study. Part of the University Casebook Series®, it includes selected cases designed to illustrate the development of a body of law on a particular subject. Text and explanatory materials designed for law study accompany the cases.

Author: Nadja Marie Alexander
Publisher: Kluwer Law International B.V.
ISBN: 904112571X
Category : Law
Languages : en
Pages : 514

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Book Description
In its first edition, Global Trends in Mediation was the first book to concentrate on mediation from a comparative perspective - reaching beyond the all-too-familiar Anglo-American view - and as such has enjoyed wide practical use among alternative dispute resolution (ADR) practitioners worldwide. This new edition has not only been updated throughout; it has also added two new jurisdictions (France and Quebec) and a very useful comparative table summarising the salient points from each of the fourteen jurisdictional chapters. Each jurisdictional chapter addresses critical structural and process issues in alternative dispute resolution such as the institutionalisation of mediation, mediation case law and legislation, the range and nature of disputes where mediation is utilised, court-related mediation, mediation practice standards, education, training and accreditation of mediators, the role of lawyers in mediation, online dispute resolution and future trends. All the contributors are senior dispute resolution academics or practitioners with vast knowledge and experience of dispute resolution developments in their countries and abroad.

Author: Cathy Jo Cress
Publisher: Jones & Bartlett Publishers
ISBN: 1284115348
Category : Medical
Languages : en
Pages : 590

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Book Description
Handbook of Geriatric Care Management, Fourth Edition is a comprehensive and practical guide for care managers that addresses the multiple needs of aging adults and their families. An ideal teaching tool, it guides students and professionals along the journey of becoming a successful care manager. New to this edition are two new chapters on working with older veterans and helping clients with depression. Completely updated and revised, the Fourth Edition provides updated ethics and standards, a focus on credentialing and certification, numerous case studies, sample forms and letters, and tips for building and growing a care manager business.