Ethical Standards For Arbitrators And Mediators

Author : Julli Markgraf
Publisher : GRIN Verlag
Page : 42 pages
File Size : 48,5 Mb
Release : 2004-03-02
Category : Law
ISBN : 9783638258210

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Ethical Standards for Arbitrators and Mediators by Julli Markgraf Pdf

Seminar paper from the year 2003 in the subject Law - Comparative Legal Systems, Comparative Law, grade: D - good, Bond University Australia (Law School), course: International Commercial Arbitration, language: English, abstract: While the discussion about vocational standards continues, numerous associations have drafted competence and ethical standards for either mediators or arbitrators as well as for both procedural methods. Ethical standards focus more on the procedural process and the duties and virtues of the leader of the procedure than on the occupational competence standardization, such as codes of practice, benchmarks, agreements, models and exemplars which are the “classical” forms of standards for practices.5 Codes of practice determine the vocational rules of a profession, which may contain penalty regulations for misconduct. Benchmarks are a set of options which orient on successful approaches which have been proved in a certain professional field. Agreements focus on the “Agreement to Mediate” which the parties voluntarily agree on when using ADR. Models are preconceived rules or assessing criteria, which can be adopted to centralize the standardization approach. Exemplars are the collection and evaluation of successful ADR cases, which can be optionally awarded.6 Predominantly, ethical standards appear as an appendix of codes of practice, wherein certain etiquettes, virtues and qualities of the procedural leader are determined. 5 NADRAC, A Framework for ADR Standards, p. 52-55. 6 NADRAC, A Framework for ADR Standards, p. 52-55.

Author : Phyllis Bernard,Bryant G. Garth
Publisher : American Bar Association
Page : 536 pages
File Size : 40,9 Mb
Release : 2002
Category : Law
ISBN : STANFORD:36105063213503

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Dispute Resolution Ethics by Phyllis Bernard,Bryant G. Garth Pdf

This book lays out the groundwork for dispute resolution ehtics at a time when the public is clamoring for ethical behavior in all walks of private and professional life.

Author : Rachael Field,Jonathan Crowe
Publisher : Edward Elgar Publishing
Page : 264 pages
File Size : 48,8 Mb
Release : 2020-05-29
Category : Law
ISBN : 9781786437785

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Mediation Ethics by Rachael Field,Jonathan Crowe Pdf

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 : Omer Shapira
Publisher : Cambridge University Press
Page : 499 pages
File Size : 54,8 Mb
Release : 2016-03-14
Category : Law
ISBN : 9781107143043

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A Theory of Mediators' Ethics by Omer Shapira Pdf

Omer Shapira proposes and justifies a theory of mediators' ethics which guides mediators' conduct and applies to mediators at large.

Author : Carrie J. Menkel-Meadow,Lela Porter-Love,Andrea Kupfer-Schneider
Publisher : Aspen Publishing
Page : 668 pages
File Size : 50,7 Mb
Release : 2020-02-02
Category : Law
ISBN : 9781543820973

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Mediation by Carrie J. Menkel-Meadow,Lela Porter-Love,Andrea Kupfer-Schneider Pdf

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 : Ellen Waldman
Publisher : John Wiley & Sons
Page : 464 pages
File Size : 49,8 Mb
Release : 2011-02-14
Category : Law
ISBN : 9781118001349

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Mediation Ethics by Ellen Waldman Pdf

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 : American Bar Association. House of Delegates,Center for Professional Responsibility (American Bar Association)
Publisher : American Bar Association
Page : 216 pages
File Size : 50,7 Mb
Release : 2007
Category : Law
ISBN : 1590318730

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Model Rules of Professional Conduct by American Bar Association. House of Delegates,Center for Professional Responsibility (American Bar Association) Pdf

The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Author : Anonim
Publisher : Aspatore Books
Page : 0 pages
File Size : 42,7 Mb
Release : 2011
Category : Dispute resolution (Law)
ISBN : 0314279695

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The Role of Ethics in ADR by Anonim Pdf

The Role of Ethics in ADR provides an authoritative, insiders perspective on the ethical considerations that attorneys need to be aware of during alternative dispute resolution. Featuring partners from some of the nations leading law firms, this book guides the reader through todays ADR arena and the ethical concerns that lawyers are currently facing. With a focus on issues such as disclosure, neutrality, and the rule of candor, these top lawyers analyze the various ethical rules and protocols to which attorneys, arbitrators, and mediators must adhere and how they come into play during the actual ADR process. These authors also discuss what to do when the rules overlap or are inconsistent, or if an ethical violation is suspected. Finally, these leaders identify strategies for preparing clients for the ADR process, explaining their options, and developing a successful attorney-client relationship. The different niches represented and the breadth of perspectives presented enable readers to get inside some of the great legal minds of today, as these experienced lawyers offer up their thoughts on the keys to success within this critical field.

Author : Mary Anne Noone,Lola Akin Ojelabi,Lynn Buchanan
Publisher : Unknown
Page : 160 pages
File Size : 46,6 Mb
Release : 2018-07-30
Category : Justice
ISBN : 0455501017

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Ethics and Justice in Mediation by Mary Anne Noone,Lola Akin Ojelabi,Lynn Buchanan Pdf

Ethics and Justice in Mediation provides guidance for mediators through the ethical and practical challenges that arise in different mediation contexts. Mediation has developed beyond its infancy, and continues to evolve. As it matures, both new benefits and dilemmas emerge from the growing body of mediation experience, and require all mediators, whether new or experienced, to embrace change. There is now a significant focus on the ethical issues arising from the way a mediation is conducted; more specifically, the impact of a mediator's decisions on the parties and on the outcome. Given the sheer diversity of situations that a mediator might face, the challenge of ensuring an ethical process, and a just outcome, is becoming acute. Ethics and Justice in Mediation equips mediators with the skills required to identify the approach best suited to achieving just and ethical outcomes. It outlines the relevant mediation standards and values that apply and demonstrates the different approaches available to mediators to help them ensure balanced outcomes for all parties to a mediation. Guidance is provided by a scenario-based approach in which experienced mediators' responses, to several real-life situations, are shared to highlight the ethical and practical issues that may arise. The authors are experienced mediation specialists, well-qualified to present crucial ethical issues that mediators commonly face - but which have previously received little attention in mediation texts. Presenting six different mediation scenarios, they outline the relevant mediation standards and values applicable to each, enumerate the different approaches that may taken, and how these relate to the standards. Each scenario concludes with suggestions on how to approach the issues identified in the scenarios. By providing these practical suggestions for applying an ethical approach in these situations, it endeavors to ensure that mediations provide just outcomes.

Author : United Nations Commission on International Trade Law
Publisher : Unknown
Page : 44 pages
File Size : 43,5 Mb
Release : 1996
Category : Law
ISBN : UOM:35112202294957

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UNCITRAL Notes on Organizing Arbitral Proceedings by United Nations Commission on International Trade Law Pdf

Author : Barbara A. Nagle-Lechman
Publisher : Aspen Publishers
Page : 228 pages
File Size : 44,6 Mb
Release : 1997
Category : Language Arts & Disciplines
ISBN : STANFORD:36105061863317

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Conflict and Resolution by Barbara A. Nagle-Lechman Pdf

This is a concise and informative text on the paralegal's role in alternative dispute resolution (ADR). Both brief and affordable, this paperback provides all the essential information required to support any course for paralegals that includes discussion of negotiation, mediation, arbitration, or other forms of ADR. With thoughtful, contemporary perspectives on such issues as race, gender, and cultural expectations, The author explores such key topics as: the nature and sources of conflict, and ways of resolving it negotiation theories, approaches, and practical techniques mediation models, skills, and practicing neutrality the arbitrator's role in resolving disputes other adjudicative and nonadjudicative processes policy issues, such as institutionalizing and regulating ADR... And all the crucial trends in this growing area of today's legal practice. Chapters include role plays and skill development exercises, As well as detailed discussion of ethical issues and practical applications in various spheres where disputes commonly arise---from families and schools to construction projects And The environment. Give your students the opportunity to apply theory to real-life situations and test newly-learned skills in the classroom with Conflict and Resolution. Useful appendices include: common forms; Standards of Conduct for Mediators; Code of Ethics for Arbitration in Commercial Disputes; and recommendations for mandatory mediation.

Author : Andrea Doneff,Abraham Ordover
Publisher : Aspen Publishing
Page : 294 pages
File Size : 40,8 Mb
Release : 2014-07-17
Category : Law
ISBN : 9781601563378

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Alternatives to Litigation by Andrea Doneff,Abraham Ordover Pdf

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 : Alain Lempereur,Jacques Salzer,Aurelien Colson,Michele Pekar,Eugene B. Kogan
Publisher : John Wiley & Sons
Page : 374 pages
File Size : 47,8 Mb
Release : 2021-06-28
Category : Business & Economics
ISBN : 9781119768425

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Mediation by Alain Lempereur,Jacques Salzer,Aurelien Colson,Michele Pekar,Eugene B. Kogan Pdf

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 : Omer Shapira
Publisher : Unknown
Page : 128 pages
File Size : 52,6 Mb
Release : 2021
Category : Arbitration and award
ISBN : 1641059125

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Mediation Ethics by Omer Shapira Pdf

"This book is aimed at lawyer-mediators who care about their clients, professions, and the general public and want to conduct mediations ethically"--

Author : Catherine A. Rogers
Publisher : Unknown
Page : 1096 pages
File Size : 42,8 Mb
Release : 2014
Category : Arbitrators
ISBN : 0191819689

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Ethics in International Arbitration by Catherine A. Rogers Pdf

Although international arbitration is a remarkably resilient institution, many unresolved and largely unacknowledged ethical quandaries lurk below the surface. This text provides a framework for developing much-needed formal ethical rules and a reliable enforcement regime in the international arbitration system--