Download or read book Referral to Mediation written by Machteld Pel and published by Sdu Uitgevers. This book was released on 2008 with total page 239 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides valuable advice for sound conflict diagnosis and a professional mediation proposal, along with many practical hints and tips based on years of experience and research. Mediation in the right situations can resolve conflicts effectively. The facilitating role played by referrers is crucial. The art of referral deserves to be on the skills palette of professionals who deal with other people's conflicts in their everyday work, whether they are managers, lawyers, judges, or HR staff. They should all be able to identify opportunities for an effective mediation proposal. Research has shown that a decision to proceed to mediation is best taken in consultation with the parties to the conflict. The consultation should be preceded by a thorough diagnosis of the conflict, an investigation of the parties' interests in finding a solution by mutual agreement, and a review of the available options.
Download or read book The Art of MAKING PEACE written by Charles Lempesis and published by . This book was released on 2013-12-15 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Effective strategies and insights for reaching consensus and reconciliation through mediation. Written for mediators, lawyers, and peacemakers by one of the country's most experienced and successful attorney mediators. An indispensable work for beginners as well as experts who want to understand what makes mediation the fastest growing industry in problem solving.
Download or read book Mediation in Collective Labor Conflicts written by Martin C. Euwema and published by Springer. This book was released on 2019-05-28 with total page 339 pages. Available in PDF, EPUB and Kindle. Book excerpt: This open access book opens up the black box of mediation in collective conflicts through the analyses and comparisons of various systems. Mediation and related third party interventions such as conciliation and facilitation are discussed as effective prevention and regulation tools for different types of collective labor conflicts. These interventions fit in a new developed five-phase model of collective conflicts in organizations, going from capacity building in latent conflicts, through conciliation, mediation and arbitration in escalating phases, to rebuilding of trust after hot conflicts. The authors promote understanding and discussion with regards to labor mediation systems, presenting comparative research on the perspectives of mediators and users of mediation. This book describes and analyses laws, regulations and practices of mediation in seventeen countries, with a relative strong emphasis on Europe. Part 1 presents theoretical frameworks on conciliation and mediation in collective labor conflicts. Part 2 presents regulations and practices in 12 European countries: Belgium, Denmark, Estonia, France, Italy, Poland, Portugal, Spain, The Netherlands, and the United Kingdom. Part 3 discusses mediation in these collective conflicts in Australia, China, India, South Africa and the USA. Part 4 offers conclusions and ways forward. This book offers analyses, good practices and developments for third party intervention in collective labor conflicts in global and local changing environments. This book is a must-read for policy makers, , social partners at different levels, as well as scholars and practitioners in industrial relations, human resources management and conflict management, particularly conciliators and mediators.
Download or read book From Conflict to Conciliation written by William W. Purkey and published by Corwin Press. This book was released on 2010-02-03 with total page 185 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Six-C process allows educators to take progressively more assertive steps as needed to resolve a conflict, using the least amount of time and energy while preserving relationships.
Download or read book Mediating Legal Disputes written by Dwight Golann and published by Aspen Publishers. This book was released on 1996 with total page 596 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Effective Resolution of Collective Labour Disputes written by A. F. M. Brenninkmeijer and published by Europa Law Publishing. This book was released on 2006 with total page 180 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the early summer of 2005, an international expert meeting was convened in The Hague to share and compare national experiences with conciliation and mediation as methods for resolving collective labor disputes. Both the European Union and the Council of Europe have committed themselves to promoting these methods which aim to assist disputants in finding creative, negotiated solutions, while preserving their long-standing relationships. Ideally, trade unions and employers (associations) have such long-standing relationships, and many European countries have specialized conciliation officers or mediation services operating in this area. The meeting allowed leading mediators and academics to share their experiences and to exchange their views on the changes permeating Europe today: the rise of transnational labor disputes, the decentralization of collective bargaining, the process of de-unification, the joining of the EU by new member states without a social dialogue tradition, and the insights generated by the emerging science of principled bargaining, facilitative mediation, and conflict management. All these developments are likely to increase the demand for expert mediation services assisting more often less experienced negotiators. Thereby, the very nature of mediation may gradually change. This book documents the proceedings and provides a comprehensive overview of EU initiatives in the field of collective labor law and dispute resolution.
Download or read book Mediation Conciliation and Emotions written by Peter D. Ladd and published by Lexington Books. This book was released on 2016-05-26 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: Mediation, Conciliation, and Emotions: The Role of Emotional Climate in Understanding Violence and Mental Illness, the revised edition of the groundbreaking Mediation, Conciliation, and Emotions: A Practitioner’s Guide to Understanding Emotions in Dispute Resolution, discusses the under-researched topic of emotional climate, and emphasizes the importance of considering climate or environment when trying to understand violence and mental illness, as well as its impact on our society. Ladd and Blanchfield describe how an effective mediator, conciliator, or peacemaker should approach these conflicts. New features include updated references, a discussion of contemporary violence and mental health, and comparisons between culture and climate when determining how conflicts evolve into violent acts.
Download or read book Handbook on Mediation written by Nandini Gore and published by OrangeBooks Publication. This book was released on 2021-02-02 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: A dispute arises when a claim is asserted by one party and disputed by another. The dispute is a disagreement or differences which later on convert its form into conflict between people at different levels. Mediation is a means of dispute resolution which have not been embarrassed in India as much as it possibly deserved. While it is often resorted to, at the suggestions of the courts, in the context of matrimonial and family dispute and very sparingly of corporate, commercial, and criminal matters. This book gives an insight about the inherent flexibility of mediation process in a simplified version providing the readers the basic concept of mediation and about relevant international treaties. With the outbreak of Covid-19 pandemic and consequential worldwide commercial destruction, it is more important than ever to try and resolve disputes by mediation and more specifically learning about online mediations.
Download or read book Arbitration and Mediation in International Business written by Christian Bühring-Uhle and published by Kluwer Law International B.V.. This book was released on 2006-01-01 with total page 334 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Arbitration and mediation in international business was first published in 1996 and was one of the first comprehensive studies on the practice of international business dispute resolution, covering both international commercial arbitration and the so-called ?alternative? techniques such as mediation. The book also provided an empirical analysis of how both arbitration and mediation are conducted in a crossborder context, along with a normative guide to the relative costs and benefits of these two methods. This second edition is not just an updated version of the first edition but a new book in itself: Benefitting from the contributions of two co-authors, the work has been enhanced by discussions of innovative tools for making settlement negotiations more effective, and by the in-depth analysis of practical techniques to integrate mediation and arbitration in international business. Also, a comprehensive new empirical survey was conducted in order to capture new trends in this rapidly developing field. The result is a ?must have? resource for anyone having to deal with potential conflict in international business relationships."--Publisher's website.
Download or read book From Conflict to Conciliation written by William W. Purkey and published by Corwin Press. This book was released on 2010-02-03 with total page 185 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The Six-C approach provides a framework within which people can work together to attack the problem, not each other. By ending each conflict with conciliation, those who use this approach can do much more than resolve conflict—they can build each other up so future conflicts will be easier to resolve." —Bob Bowen, Chief Executive Officer The Mandt System, Inc. Don′t let conflict get in the way of meaningful collaboration! Conflict is inevitable, but educators can work together effectively if they understand how to defuse difficult situations before they escalate. This resource describes the Six-C process, a conflict resolution method that allows educators to take progressively more assertive steps as necessary to resolve disagreements. Based on research and easy to remember, this approach helps readers handle challenging situations using the least amount of time and energy. Illustrated with many examples and scenarios, the six steps are: Concern: identifying actionable concerns Confer: expressing concerns in nonthreatening ways Consult: reviewing and clarifying the situation collaboratively Confront: considering consequences and giving clear warnings Combat: taking sustained, logical action Conciliation: mending the wounds and restoring relationships Focused on preserving relationships while resolving disagreements, From Conflict to Conciliation can be used in any situation or setting, from the classroom to the community.
Download or read book New Developments in Civil and Commercial Mediation written by Carlos Esplugues and published by Springer. This book was released on 2015-09-11 with total page 785 pages. Available in PDF, EPUB and Kindle. Book excerpt: By means of the analysis of more than 20 national jurisdictions of different legal and geographical origin this book provides a general understanding of the developments that civil and commercial mediation is currently undertaking across the world. The book combines 25 national reports with a General Report analyzing the major trends in civil and commercial mediation worldwide. A number of the key variables that make mediation so effective are studied in depth in the book. The concept of mediation, that varies from country to country. Its legal framework and the branches of public and private law in which it is used. The legal condition of the mediation agreement and its relevant conditions of form and content, the responsibilities of the parties in the event that they violate this agreement and the effects of this agreement on potential recourse to the courts or to arbitration, as well as with regard to pending cases. As well as the role played by the mediator, his or her appointment or designation, legal and ethical responsibilities, and the role of institutions in mediation. As well as the mediation process, its applicable rules and principles and its costs are analyzed on comparative basis. The book also pays special attention to the outcome of mediation. The enforceability of the settlement reached both in domestic and cross-border mediations constitutes a basic element for the success of the institution and is thoroughly studied. This volume constitutes a unique instrument for those interested on mediation, either practitioners, judges or academics.
Download or read book Mediation written by Jay Folberg and published by Jossey-Bass. This book was released on 1984-05-09 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Mediation - the process of settling disputes out of court with the aid of a neutral third party - has enjoyed remarkable success in recent years. Growing numbers of people who wish to avoid costly, traumatic legal battles increasingly seek help from professionals skilled in mediation techniques. In this new book, Jay Folberg and Alison Taylor provide such professionals with a comprehensive guide to mediation, covering everything from interviewing clients and promoting good communication to keeping records and setting fees. The authors describe diverse approaches to mediating a broad range of conflict situations, including those arising from divorces, custody and visitation decisions, family arguments, neighborhood grievances, educational controversies, environmental disputes, problems in the workplace, and many other kinds of disagreements. Drawing extensively on their combined experience in law, psychiatry, and private mediation practice, as well as on contemporary theory and research on mediation, the authors explain what mediation can do; detail specific methods and skills for effective conflict resolution; suggest ways to determine which approach is most practical for particular situations; elaborate on the training needs of mediators; and outline the procedures for setting up practice. Throughout the book, the authors provide a variety of special materials and resources to help guide the mediation process. They include charts, graphs, case studies, guidelines, and excerpts from dialogues, as well as recommended readings for mediators wishing to extend their knowledge and expertise. This book will not only be of value to mediators and those interested in becoming mediators but also to the various practitioners who use mediation techniques in their daily work"--Jacket.
Download or read book Gestures of Conciliation written by Christopher Mitchell and published by Springer. This book was released on 2000-03-15 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: Gestures of Conciliation examines the ideas, assumptions and theories that underpin how leaders of parties in intractable conflicts begin and sustain a process of peacemaking by offering to their adversaries 'olive-branches' - in more modern terms symbolic gestures, concessions, tension-reducing moves or confidence-building measures. It discusses means of overcoming political and psychological barriers to accurate communication, trust-building, domestic consensus formation, and 'ripe' conditions for conciliation, suggesting practical guidelines for accommodation.
Download or read book In Search of Effective Conciliation Tactics in Labour Disputes written by Wing-Kai Luk and published by . This book was released on 2017-01-26 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Effective Conciliation written by Robert Heron and published by ILO East Asia Multidisciplinary Advisory Team ILO Ffice for. This book was released on 1997-01-01 with total page 33 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Unbundled Legal Services written by Forrest S. Mosten and published by ABA Section of Family Law. This book was released on 2017 with total page 348 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Focusing on family law practitioners, [this book] is a particularly appropriate resource given the unique promise that unbundling holds for family law litigants. In many jurisdictions, self-representation rates are highest in family cases. But, as any family law attorney (or family court litigant) knows, these are the case types that arguably benefit most from attorney involvement. Family issues are among the most sensitive and pressing matters that enter our civil justice system, and the outcomes of these cases can affect entire families for years to come. This important new book provides a crucial step forward in matching individuals with the family law services they need." -- Publisher's website.
Download or read book Timor leste australia Conciliation The A Victory For Unclos And Peaceful Settlement Of Disputes written by Phan Hao Duy and published by World Scientific. This book was released on 2019-02-26 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: On 11 April 2016, Timor-Leste initiated a compulsory non-binding conciliation proceeding against Australia under Annex V of the United Nations Convention on the Law of the Sea (UNCLOS) on its maritime boundary dispute with Australia in the Timor Sea. On 6 March 2018, the parties signed a settlement treaty on the basis of the proposal of the Conciliation Commission. Two months later, the Conciliation Commission issued its report, marking the conclusion of the first ever conciliation proceeding under Annex V of UNCLOS.This book provides detailed analyses of the proceedings and a step-by-step account of the conciliation process, as well as its wider implications for dispute settlement under UNCLOS and beyond. The various chapters explore a wide range of issues, including an overview of conciliation as a means of dispute settlement and the conciliation procedure in UNCLOS, as well as the origins and historical background of the maritime boundary dispute between Timor-Leste and Australia. The book also provides a comprehensive examination of each step of the conciliation proceedings, including the role of the Conciliation Commission, the Conciliation Commission's Decision on Competence, the issue of joint development, and the Maritime Boundaries Treaty, which Timor-Leste and Australia concluded as the legal outcome of the conciliation proceedings. Critically, the book offers insightful perspectives from Australia and Timor-Leste on the conciliation process. The book is an important contribution to the research and analysis of the Timor Sea conciliation. As one of the first books on the case, it will raise awareness and bring more familiarity with conciliation as a viable and effective dispute settlement process, thereby encouraging states to consider conciliation as a means to settle their disputes.
