Download or read book Ethical Issues in Alternative Dispute Resolution written by Northern Kentucky Bar Association and published by . This book was released on 1994 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Ethics Potpourri written by and published by . This book was released on 1999 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Role of Ethics in ADR written by and published by Aspatore Books. This book was released on 2011 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Mediation Ethics written by Ellen Waldman and published by John Wiley & Sons. This book was released on 2011-03-29 with total page 470 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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
Download or read book Dispute Resolution Ethics written by Phyllis Bernard and published by American Bar Association. This book was released on 2002 with total page 536 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Ethical Issues in Alternative Dispute Resolution written by Lola Akin Ojelabi and published by . This book was released on 2017-02-13 with total page 176 pages. Available in PDF, EPUB and Kindle. Book excerpt: Addressing ethical issues in alternative dispute resolution (ADR) processes in no easy feat. What can an ADR practitioner do to support party self-determination when there is concern about a party's capacity; what is a practitioner's responsibility for substantive justice; does a practitioner's competence impact on the justice outcome. How an ADR practitioner responds to ethical concerns will influence the quality of justice, both procedural and substantive. The articles in this Special Issue, drawn from those presented at an ADR Ethics symposium for ADR practitioners in 2015, provide insights into aspects of justice, quality and practice issues in diverse ADR settings including mediation, family dispute resolution, restorative justice and statutory dispute resolution. Collectively the articles advance our understanding of the complex issue of ADR ethics. Ethics in Alternative Dispute Resolutionis a special issue (Volume 35 No 1) of the journal Law in Context. You can purchase a single copy of this issue through this page, or subscribe to the journal from the journal page.
Download or read book Advocacy in Mediation Ethical Issues of Alternative Dispute Resolution written by and published by . This book was released on 2000 with total page 102 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Ethical Issues in Dispute Resolution written by Society of Professionals in Dispute Resolution (U.S.). Conference and published by . This book was released on 1984 with total page 176 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Alternative Dispute Resolution in a Nutshell written by Jacqueline M. Nolan-Haley and published by West Academic Publishing. This book was released on 2001 with total page 468 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Second Edition of Alternative Dispute Resolution in a Nutshell brings readers recent information on developments in the field of ADR. In recent years, ADR has undergone extraordinary growth with a significant increase in federal and state legislation, court rules, and professional and ethical standards. The Second Edition informs readers of these developments, provides an expanded bibliography at the end of each chapter, and contains several new appendices including the Revised Uniform Arbitration Act.
Download or read book Ethical Challenges for Mediators Around the Globe written by Mary Anne Noone and published by . This book was released on 2017 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Like much of the western world, in Australia, Alternative Dispute Resolution (ADR) is an integral aspect of the modern legal system, and mediation is used extensively to resolve civil disputes in courts and tribunals. However, what justice means in the mediation context is contested. The widespread use of mediation and the increase in the number of practitioners from various disciplines means there is a diversity of views on issues of justice, which are outlined in this Article. Equally, what constitutes ethical practice for mediators is a vexing question. There are no clear practical guidelines for mediators on the many questions about what ethical behavior and justice mean for mediators. While professional codes and standards are designed to assist mediators in resolving ethical issues, dilemmas still arise because codes do not cover all issues that occur; they sometimes contain competing/conflicting values, and they may also conflict with the mediators' personal values. This Article explores the ethical challenges mediators face, including how they identify and respond to those challenges. Justice in mediation is examined through the lens of ethical considerations for mediators. In a research study, we asked experienced mediators to respond to case scenarios containing a range of ethical and practical issues. As expected, there was some uniformity in responses, but--more revealing--participants diverged significantly on a number of matters. The Australian mediators' responses indicate that despite the agreed critical role of self-determination in mediation, mediators have individual moral compasses. These compasses lead mediators to a variety of responses to ethical and practical challenges, and to different views about what constitutes justice in mediation. Although the research is based in Australia, the findings have resonance for mediators globally, including in the United States. Overall, these research findings suggest the question of what constitutes ethical mediation practice warrants further research, reflection, and discussion.
Download or read book A Theory of Mediators Ethics written by Omer Shapira and published by Cambridge University Press. This book was released on 2016-03-14 with total page 499 pages. Available in PDF, EPUB and Kindle. Book excerpt: Omer Shapira proposes and justifies a theory of mediators' ethics which guides mediators' conduct and applies to mediators at large.
Download or read book Alternatives to Litigation written by Andrea Doneff and published by Aspen Publishing. This book was released on 2014-07-17 with total page 307 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Mediation written by Carrie J. Menkel-Meadow and published by Aspen Publishing. This book was released on 2020-02-02 with total page 668 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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
Download or read book Alternative Dispute Resolution in a Nutshell written by Jacqueline M. Nolan-Haley and published by . This book was released on 2021 with total page 470 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This title presents a concise summary of alternatives to the court adjudication of disputes. On-point discussion facilitates an understanding of the wide variety of options available that can better suit a client's needs, such as negotiation, mediation, arbitration, and various mixed mode hybrids such as arb-med, med-arb, consensus-building as well as court-connected processes. Particular attention is focused on the legal and ethical issues associated with negotiation, mediation and arbitration. Other topics include dispute system design, implicit bias, repeat player bias, and third-party funding. Each chapter contains a bibliography. This is a must read for anyone interested in the field of dispute resolution." -- Publisher
Download or read book Dispute Resolution written by Carrie J. Menkel-Meadow and published by Aspen Publishing. This book was released on 2018-09-14 with total page 819 pages. Available in PDF, EPUB and Kindle. Book excerpt: Dispute Resolution: Beyond the Adversarial Model, Third Edition provides a comprehensive look at the current state of ADR. For each area of Negotiation, Mediation, Arbitration, and Hybrid processes, the text incorporates four key aspects: the theoretical framework defining the process; the skills needed to practice it; the ethical issues implicated in its use and how to counsel users of such processes; and legal and policy analyses, with questions and problems within the text. New to the Third Edition: A shorter, more compact book designed to be student-friendly Exercises and discussion problems throughout Designed for one chapter to be covered each week of a typical ADR course The latest on Online Dispute Resolution, Dispute System Design, Supreme Court decisions on arbitration, and empirical work on mediation and negotiation Professors and students will benefit from: Comprehensive, current coverage. The theory, skills, ethical issues, and legal and policy analyses relevant to all key areas of contemporary ADR practice—Negotiation, Mediation, Arbitration, and hybrid and multi-party processes and their appropriate uses—are thoroughly covered using a rich range of up-to-date cases and readings. Authored by the leading scholars and teachers in the field of Dispute Resolution. The authors are award winning and recognized for their scholarship, teaching, practice, policy making, and standards drafting throughout the wide range of particular ADR processes. Practical approach to problem-solving. The text engages students as active participants in resolving human and legal problems, using individual or combined resolution processes in varying gender, race, and cultural contexts. International and multi-party dispute resolution. These important, high-interest contexts and applications are thoroughly covered in discrete chapters. Readings balance theory and theory-in-use. Readings include cases, behaviorally and critically based articles, examples, empirical studies, and relevant statutory and other regulatory material to illuminate the challenge of balancing rules and laws with the economic and emotional constraints inherent in disputes. Challenging, relevant readings. The text includes a wide range of perspectives, from Fisher, Ury, and Patton’s Getting to Yes, Raiffa’s Art and Science of Negotiation, and materials on modern deliberative democracy, group facilitation and decision making, counseling clients about uses of ADR, enforcement of negotiation, and mediation agreements. Key cases include AT&T v. Concepcion and other recent Supreme court cases on arbitration. Teaching materials include: Numerous role-plays and simulations for skills development Suggested teaching exercises, syllabi and “answers” to problem boxes found in text Recommendations for supplemental materials, such as videos and transcripts Examination and paper suggestions for each chapter
Download or read book Ethics in Alternative Dispute Resolution written by Carrie Menkel-Meadow and published by . This book was released on 1997 with total page 48 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Inside Lawyers Ethics written by Christine Parker and published by . This book was released on 2007 with total page 269 pages. Available in PDF, EPUB and Kindle. Book excerpt:
