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Author : William DeJong,Gail A. Goolkasian,Daniel McGillis
Publisher : Unknown
Page : 20 pages
File Size : 45,8 Mb
Release : 1983
Category : Arbitration and award
ISBN : MINN:20000004216749
Author : William DeJong
Publisher : Unknown
Page : 28 pages
File Size : 45,5 Mb
Release : 1983
Category : Arbitration and award
ISBN : UOM:39015032482872
Author : William DeJong,Gail A. Goolkasian,Daniel McGillis
Publisher : Unknown
Page : 181 pages
File Size : 51,6 Mb
Release : 1983
Category : Arbitration and award
ISBN : LCCN:83602465
Author : Mark D. Bennett,Scott H. Hughes
Publisher : Aspen Publishing
Page : 290 pages
File Size : 48,5 Mb
Release : 2005-12-08
Category : Law
ISBN : 9781556818653
This workbook is designed for basic mediation training. Authors Scott Hughes, Mark Bennett, and Michele Hermann take NITA's performance-based training for trial lawyers and adapt it to training for mediators. The authors have used these materials extensively in their mediation training classes at law schools and in programs open to the public. The Art of Mediation, Second Edition, sets the mediation process in context, provides basic definitions, contrasts mediation with other forms of dispute resolution, describes varieties of mediation, and lays out roles and functions of the mediators. The book contains forms that illustrate sample agreements to mediate and final mediation agreements, plus a section containing hypothetical situations for performance training. Reviews "I have used the first edition of The Art of Mediation in my classes for almost a decade and I definitely intend to use the Second Edition in the future. Students like the book because it is so practical and easy to read. I like it because it presents a variety of perspectives so that students learn that there is no one right or easy way to mediate." — John Lande, Associate Professor and Director, LL.M. Program in Dispute Resolution, University of Missouri-Columbia School of Law Columbia
Author : Peter Lovenheim
Publisher : Unknown
Page : 312 pages
File Size : 55,5 Mb
Release : 1989
Category : Dispute resolution (Law)
ISBN : STANFORD:36105044232325
Lovenheim encourages the use of mediation as a quick, private, inexpensive, fair, and effective way to resolve most disputes without the need for lawsuits. In addition, he argues, it protects your privacy and dignity by preventing exposure to the media. He discusses the process of mediation in general, and also explains the advantages of specific types of mediation: divorce, business, and community disputes. ISBN 0-07-038832-6: $19.95.
Author : Mark D. Bennett,Scott H. Hughes
Publisher : Aspen Publishing
Page : 316 pages
File Size : 48,7 Mb
Release : 2005-12-08
Category : Law
ISBN : 9781632814104
This workbook is designed for basic mediation training. Authors Scott Hughes, Mark Bennett, and Michele Hermann take NITA's performance-based training for trial lawyers and adapt it to training for mediators. The authors have used these materials extensively in their mediation training classes at law schools and in programs open to the public. The Art of Mediation, Second Edition, sets the mediation process in context, provides basic definitions, contrasts mediation with other forms of dispute resolution, describes varieties of mediation, and lays out roles and functions of the mediators. The book contains forms that illustrate sample agreements to mediate and final mediation agreements, plus a section containing hypothetical situations for performance training. Reviews "I have used the first edition of The Art of Mediation in my classes for almost a decade and I definitely intend to use the Second Edition in the future. Students like the book because it is so practical and easy to read. I like it because it presents a variety of perspectives so that students learn that there is no one right or easy way to mediate." — John Lande, Associate Professor and Director, LL.M. Program in Dispute Resolution, University of Missouri-Columbia School of Law Columbia
Author : Stephen B. Goldberg,Frank E.A. Sander,Nancy H. Rogers,Sarah Rudolph Cole
Publisher : Aspen Publishing
Page : 704 pages
File Size : 53,8 Mb
Release : 2022-10-27
Category : Law
ISBN : 9781543820812
The purchase of this ebook edition does not entitle you to receive access to the Connected eBook on CasebookConnect. You will need to purchase a new print book to get access to the full experience including: lifetime access to the online ebook with highlight, annotation, and search capabilities, plus an outline tool and other helpful resources. 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 : Jay Folberg,Dwight Golann,Thomas J. Stipanowich,Jennifer Reynolds,Amy J. Schmitz
Publisher : Aspen Publishing
Page : 804 pages
File Size : 47,6 Mb
Release : 2021-09-14
Category : Law
ISBN : 9781543809084
Buy a new version of this textbook and receive access to the Connected eBook on CasebookConnect, including: lifetime access to the online ebook with highlight, annotation, and search capabilities, plus an outline tool and other helpful resources. Connected eBooks provide what you need most to be successful in your law school classes. Learn more about Connected eBooks. Resolving Disputes: Theory, Practice, and Law, Fourth Edition, covers negotiation, mediation, arbitration, and hybrid approaches, preparing law students to represent clients in all types of alternative dispute resolution. The text is practical, while grounded in theory. Drawing on the authors’ decades of experience as teachers, practicing neutrals, and ADR trainers, this casebook provides vivid examples from actual cases, literature, and current media. It also offers diverse readings by leading authors, along with comprehensive video-based resources and attention to prominent developments in the field. The text integrates coverage of law, ethics, and practice, as well as interesting notes, thoughtful problems, and provocative questions. New to the Fourth Edition: Fresh new material and perspectives benefiting from two new coauthors More problems, techniques, resources, and video-based examples of effective representation in mediation Integrated access to videos, allowing students to view professionals applying techniques discussed in the book as they read Streamlined presentation—concise excerpts and summaries that allow shorter reading assignments Greater coverage of online dispute resolution (ODR) and dispute systems design (DSD)—two of the most important new directions in the field Increased focus on gender, #MeToo, culture, social activism, historical inequities, anti-racism, and other crucial issues affecting dispute resolution today Discussion of how dispute resolution is changing with new technological advances, social trends and hybrid processes Expanded arbitration section, with attention to adhesion contracts, recent cases and legislation Access to arbitration games, exercises and streaming interviews with top arbitration experts An in-depth chapter on mixing ADR modes and hybrid processes Professors and student will benefit from: Organization and readings designed to be used as part of an active experiential class without sacrificing the deep knowledge expected in a law school course Informal writing style, interesting examples, practical advice, and thought-provoking questions, all written specifically for law students who will soon represent clients in resolving disputes Practice-based approach that helps students apply the concepts and better identify the value in the content Exercises and problems that facilitate classroom discussion
Author : David R. Greig
Publisher : Self-Counsel Press
Page : 104 pages
File Size : 51,9 Mb
Release : 2021-03-01
Category : Law
ISBN : 9781770405202
Mediation is a private and voluntary process that can be undertaken by two or more parties in conflict. Mediation can be used by people or organizations to settle disputes in family law, estates cases, car accidents, EI claims, landlord/tenant affairs, small claims court, and more. When successful, it allows participants to avoid litigation, or other alternative dispute resolution means such as arbitration. However, most books about the mediation process are for the mediators. This book is for participants, who — most of the time — don’t know anything about mediation! The Mediation Guide will help readers understand the process in Canada, and teach them what they can do to help it run smoothly and efficiently. The Mediation Guide was written by a lawyer and mediator with years of experience hosting mediation sessions. The process, skills, and techniques he explains enable participants to feel comfortable knowing what to expect when going into mediation, so they can find their own solutions to issues, and reach successful resolutions and settlements.
Author : Stephen B. Goldberg,Eric D. Green,Frank E. A. Sander
Publisher : Aspen Publishers
Page : 632 pages
File Size : 52,9 Mb
Release : 1985
Category : Arbitration and award
ISBN : CORNELL:31924001562739
This work provides a comprehensive discussion of negotiation, mediation, adjudication, and their hybrid variants. Impediments to the use of "alternative dispute resolution" and suggestions on how to overcome them are treated in the book.
Author : John W. Keltner
Publisher : Unknown
Page : 92 pages
File Size : 55,7 Mb
Release : 1987
Category : Law
ISBN : UIUC:30112056081596
Because the intervention of a neutral third party is currently gaining favor as an alternative form of dispute resolution, this book explores the process of mediation in the context of managing struggle and examines some of the characteristics of mediators, their training and ethics, and the techniques and skills of good mediation. The theory section of the book contains three chapters dealing respectively with basic concepts and contexts, origins and development of mediation, and the mediator. The chapters in the section on practice are as follows: (1) "The Mediator in Action"; (2) "Phases in the Mediation Process"; (3) "Mediator Behaviors: Relationships, Processes, and Strategies"; (4) "Power and the Mediator"; (5) "You Are the Mediator: a Summary of Suggestions"; and (6)"Helping the Parties Use Mediation." The five appendixes include simulated cases for mediation, mediation analysis and evaluation forms, special exercises for mediators-to-be, a section on special projects, and a sample agreement between parties coming to mediation. Eighty-one references are included. (Skc).
Author : Klaus J. Hopt,Felix Steffek
Publisher : Oxford University Press
Page : 1408 pages
File Size : 47,6 Mb
Release : 2013
Category : Law
ISBN : 9780199653485
Mediation has become a vital means of resolving disputes in jurisdictions around the world. This book offers the most comprehensive comparative analysis available of mediation, introducing the law and practical experience of mediation in 22 jurisdictions and analysing how mediation should be regulated at a national and international level.
Author : Jeremy McBride,Claude Samson
Publisher : Presses Université Laval
Page : 678 pages
File Size : 52,9 Mb
Release : 1993
Category : Law
ISBN : 2763772889
Author : Ethan Katsh,Orna Rabinovich-Einy
Publisher : Oxford University Press
Page : 352 pages
File Size : 53,7 Mb
Release : 2017-03-09
Category : Law
ISBN : 9780190464608
Improving access to justice has been an ongoing process, and on-demand justice should be a natural part of our increasingly on-demand society. What can we do for example when Facebook blocks our account, we're harassed on Twitter, discover that our credit report contains errors, or receive a negative review on Airbnb? How do we effectively resolve these and other such issues? Digital Justice introduces the reader to new technological tools to resolve and prevent disputes bringing dispute resolution to cyberspace, where those who would never look to a court for assistance can find help for instance via a smartphone. The authors focus particular attention on five areas that have seen great innovation as well as large volumes of disputes: ecommerce, healthcare, social media, labor, and the courts. As conflicts escalate with the increase in innovation, the authors emphasize the need for new dispute resolution processes and new ways to avoid disputes, something that has been ignored by those seeking to improve access to justice in the past.
Author : Genevieve A. Chornenki,Christine E. Hart
Publisher : Unknown
Page : 280 pages
File Size : 44,9 Mb
Release : 2001
Category : Law
ISBN : STANFORD:36105062952903