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Author : Omer Shapira
Publisher : Cambridge University Press
Page : 499 pages
File Size : 53,9 Mb
Release : 2016-03-14
Category : Law
ISBN : 9781107143043
Omer Shapira proposes and justifies a theory of mediators' ethics which guides mediators' conduct and applies to mediators at large.
Author : Rachael Field,Jonathan Crowe
Publisher : Edward Elgar Publishing
Page : 264 pages
File Size : 50,9 Mb
Release : 2020-05-29
Category : Law
ISBN : 9781786437785
Traditional ideas of mediator neutrality and impartiality have come under increasing attack in recent decades. There is, however, a lack of consensus on what should replace them. Mediation Ethics offers a response to this question, developing a new theory of mediation that emphasises its nature as a relational process.
Author : Ellen Waldman
Publisher : John Wiley & Sons
Page : 470 pages
File Size : 44,7 Mb
Release : 2011-03-29
Category : Law
ISBN : 9780787995881
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 : Suzanne McCorkle,Melanie J. Reese
Publisher : SAGE Publications
Page : 402 pages
File Size : 51,9 Mb
Release : 2018-03-23
Category : Language Arts & Disciplines
ISBN : 9781506363523
Mediation Theory and Practice, Third Edition introduces you to the process of mediation by using practical examples that show you how to better manage conflicts and resolve disputes. Authors Suzanne McCorkle and Melanie J. Reese help you to understand the research and theory that underlie mediation, as well as provide you with the foundational skills a mediator must possess in any context, including issue identification, setting the agenda for negotiation, problem solving, settlement, and closure. New to the Third Edition: Expanded content on the role of evaluative mediation reflects the latest changes to the alternative dispute resolution field, helping you to distinguish between various approaches to mediation. Additional discussions around careers in conflict management familiarize you with employment opportunities for mediators, standards of professional conduct, and professional mediator competencies. New activities and case studies throughout each chapter assist you in developing their mediation competency.
Author : Omer Shapira
Publisher : Unknown
Page : 394 pages
File Size : 43,7 Mb
Release : 2021
Category : Arbitration and award
ISBN : 1641059117
"This book is aimed at lawyer-mediators who care about their clients, professions, and the general public and want to conduct mediations ethically"--
Author : James J. Alfini,Sharon B. Press,Joseph B. Stulberg
Publisher : Unknown
Page : 128 pages
File Size : 55,7 Mb
Release : 2013
Category : Compromise (Law)
ISBN : 0327185317
Author : David Spencer,Michael Brogan
Publisher : Cambridge University Press
Page : 128 pages
File Size : 54,7 Mb
Release : 2007-01-22
Category : Law
ISBN : 9781316582770
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 : Cheryl A. Picard
Publisher : University of Toronto Press
Page : 200 pages
File Size : 53,5 Mb
Release : 2016-05-09
Category : Social Science
ISBN : 9781442629394
A practical companion to the much-acclaimed Transforming Conflict through Insight, Practising Insight Mediation is a book about how insight mediators do their work and why they do it that way. In the book, Cheryl A. Picard, co-founder of insight mediation, explains how the theory of cognition presented in Bernard Lonergan’s Insight can be used as the basis for a learning-centred approach to conflict resolution in which the parties involved improve their self-understandings and discover new and less threating patterns of interaction with each other through efforts to better their conflict relations. Practising Insight Mediation features a wide range of valuable resources for any conflict practitioner, including in-depth descriptions of insight communication skills and strategies, a transcribed example mediation, sample documents, and a mediator’s self-assessment tool. The essential handbook for those interested in learning about and applying this fast-growing conflict resolution and mediation approach, the book also includes discussions of the latest research into the application of the insight approach to areas including policing, spirituality, and genocide prevention.
Author : James J. Alfini
Publisher : LexisNexis
Page : 676 pages
File Size : 51,5 Mb
Release : 2001
Category : Compromise (Law)
ISBN : STANFORD:36105060784415
Designed for use in a full-semester law school course on mediation or as a coursebook for clinical and mediator training programmes, this text is a comprehensive guide to the growing field of mediation, combining theoretical, practical and policy perspectives. Classic mediation and negotiation topics and techniques are presented from a fresh perspective. The authors weave together excerpts from the key books and articles, relevant cases, statutes, rules and regulations to provide a systematic look at the historical background, theory, ethics and policy underlying mediation in the United States. They also provide practice guidance for mediators. roles and styles, and to critical issues related to mediator behaviour including diversity, fairness and power concerns. The book embraces and encourages class discussion of the emerging and hotly debated issues relating to mediation. Some of the topics examined in detail include: mediator certification and suggested approaches to certification; the debate regarding facilitative, evaluative and transformative approaches to mediation; critiques of mediation based on fairness and diversity concerns; the appropriate scope of confidentiality and privilege provisions; conflicts of interest and mediator impartiality; expedited enforcement of mediated agreements; disputes over whether there should be an obligation to mediate in good faith; the role of lawyers in the mediation process; and the impact of institutionalizing mediation processes, particularly in the court context. mediator performance skills and strategies. Breaking mediation down into its fundamental components, this chapter walks the student through the dynamics and challenges that a mediator confronts when executing each process segment. In doing so it also helps students understand how, as advocates, they can most effectively use a mediator's services to achieve their client's goals. While focusing primarily on a facilitative practice approach to mediation, the chapter also discusses how evaluative and transformative approaches would differ. Exercises and practice simulations presented within the teacher's manual can be used to enhance the chapter. Finally, in the concluding chapters the readers are given a sense of the many contexts in which mediation is currently being used and the anticipated future and career opportunities of this burgeoning field.
Author : Anthony Pym
Publisher : John Benjamins Publishing
Page : 198 pages
File Size : 52,5 Mb
Release : 2012
Category : Language Arts & Disciplines
ISBN : 9789027224545
Based on seminars originally given at the College International de Philosophie in Paris, this translation from French has been fully revised by the author and extended to include highly critical commentaries on activist translation theory, non-professional translation, interventionist practices, and the impact of new translation technologies.
Author : Carrie J. Menkel-Meadow,Lela Porter-Love,Andrea Kupfer-Schneider
Publisher : Aspen Publishing
Page : 668 pages
File Size : 48,5 Mb
Release : 2020-02-02
Category : Law
ISBN : 9781543820973
Mediation: Practice, Policy, and Ethics provides a comprehensive and current introduction to the world of mediation, including an overview of conflict, perspectives on justice, and dispute resolution processes to handle disputes in a variety of contexts. The book has chapters on negotiation theory and practice, as well as law and policy, case examples, and practice guidelines for mediators and attorney representatives. Leading scholars and award-winning teachers in the field present descriptions of the various forms mediation takes and mediation’s place in the panoply of dispute resolution processes. Both critiques of mediation and descriptions of its promise and potential are included. Chapters on advising clients on process choice, dispute process design, international and complex mediation, facilitation, and hybrid processes are also offered. The 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. New to the Third Edition: Streamlined text designed to be more student-friendly New updates to time-tested problems and cases have to keep the book up-to-date Professors and students will benefit from: Comprehensive current coverage of mediation including: Law and policy, case examples, and practice guidelines for mediators and attorney representatives Authors that are leading and award-winning scholars, teachers, and practitioners in this area Clear presentation of the advantages of mediation as well as critiques and concerns A practical, problem-solving approach that includes: Both analytical and behavioral approaches Varying gender, race, and cultural contexts Key excerpts from some of the most renowned scholars in the field Text that is applicable across the field of mediation with coverage of: Lawyer-mediators Lawyer-representatives in mediation Non-lawyer mediators
Author : Alain Lempereur,Jacques Salzer,Aurelien Colson,Michele Pekar,Eugene B. Kogan
Publisher : John Wiley & Sons
Page : 368 pages
File Size : 51,5 Mb
Release : 2021-03-31
Category : Business & Economics
ISBN : 9781119805366
When negotiation fails, mediation avails other moves for an amicable resolution. Whether you are a current or future mediator or a party to a conflict, this is your essential companion to the theory, concepts, and best practices of mediation. In a world ridden by social divisions, responsible resolution of conflicts is more timely than ever. What happens when parties are unable to negotiate an agreement together? The next move is to invite a third party to reset the negotiations, facilitate the exchanges, rebuild a working relationship and empower the parties to explore the past, surface their present needs, invent, evaluate and choose the best solutions for the future. Mediation: Negotiation by Other Moves brings decades of critical analysis and experience that the authors tested worldwide in international organizations, governments, NGOs, universities and corporations. You will understand mediation better, and its significance in your personal and professional life. You will be able to develop a flexible mindset and a broad outlook to achieve sustainable outcomes. This book will cover: Models and principles from various domains of mediation: family, business & labor, public affairs, international relations A mediation framework to prepare for mediation and to run its process smoothly A step-by-step approach to a mediation session, from the opening until a possible settlement, via the various phases of problem solving Mediation traps and how to avoid them—for mediators and parties alike Ethics of mediation and questions of responsibility Mediation: Negotiation by Other Moves is essential reading for anyone who wishes to develop a pragmatic approach to mediation.
Author : Nancy Neveloff Dubler,Carol B. Liebman
Publisher : Vanderbilt University Press
Page : 345 pages
File Size : 53,6 Mb
Release : 2011-06-06
Category : Language Arts & Disciplines
ISBN : 9780826517739
A "how-to" book for clinical ethics consultants, palliative care professionals, and bioethics mediators in the most difficult situations in health care. Expanded by two-thirds from the 2004 edition, the new edition features two new role plays, a new chapter on how to write chart notes, and a discussion of new understandings of the role of the clinical ethics consultant.
Author : Stephen B. Goldberg,Jeanne M. Brett,Beatrice Blohorn-Brenneur,Nancy H. Rogers
Publisher : Emerald Group Publishing
Page : 137 pages
File Size : 46,8 Mb
Release : 2017-04-28
Category : Law
ISBN : 9781787142237
How Mediation Works will introduce management and law students as well as businesses to this art of conflict resolution from the behavioral perspective, while also providing a valuable resource to continuing education programs, mediation training, and lawyers to familiarize clients with the mediation process.
Author : Jennifer L. Schulz
Publisher : Routledge
Page : 161 pages
File Size : 40,9 Mb
Release : 2020-03-09
Category : Law
ISBN : 9780429602047
This book examines mediation topics such as impartiality, self-determination and fair outcomes through popular culture lenses. Popular television shows and award-winning films are used as illustrative examples to illuminate under-represented mediation topics such as feelings and expert intuition, conflicts of interest and repeat business, and deception and caucusing. The author also employs research from Australia, Belgium, Canada, China, Denmark, France, Germany, Greece, India, Israel, Japan, the Netherlands, New Zealand, Singapore, South Africa, Spain, the United Kingdom and the United States of America to demonstrate that real and reel mediation may have more in common than we think. How mediation is imagined in popular culture, compared to how professors teach it and how mediators practise it, provides important affective, ethical, legal, personal and pedagogical insights relevant for mediators, lawyers, professors and students, and may even help develop mediator identity.