Download or read book Mediation written by Alain Lempereur and published by John Wiley & Sons. This book was released on 2021-03-31 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Advanced Negotiation and Mediation Theory and Practice written by Paul J. Zwier and published by Aspen Publishing. This book was released on 2015-12-17 with total page 222 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this new, updated edition of Advanced Negotiation and Mediation Theory and Practice, Paul Zwier and Thomas Guernsey present a strategic planning and integrated systematic approach to negotiation, which recognizes that both adversarial and problem-solving strategies have distinct advantages and that lawyers need to combine styles and strategies to achieve the best results for their clients. Zwier and Guernsey provide attorneys with an outline to plan and implement effective negotiation techniques, using up-to-date situations throughout the book to demonstrate how understanding negotiation theory and practice can help them partner with their clients to make better strategic use of negotiation. The authors break down the counseling process into stages and show what information the client needs to make an informed decision. They then suggest and give examples of the techniques and skills that might be used to implement that decision in a negotiation and or mediation setting.
Download or read book Dispute Resolution written by Stephen B. Goldberg and published by Aspen Publishers. This book was released on 1995 with total page 148 pages. Available in PDF, EPUB and Kindle. Book excerpt: This best-selling casebook has already helped thousands of students master the fundamentals of dispute resolution. With its broad, comprehensive coverage & direct, accessible approach, DISPUTE RESOLUTION: Negotiation, Mediation, & Other Processes, Third Edition, is ideally suited for use in the traditional ADR survey course. For each of the three main branches of alternative dispute resolution negotiation, mediation, & arbitration the authors: critically examine the branch & its "hybrid" offshoots present careful explanations giving students a solid foundation for future practice describe & analyze applications & their appropriate environments present hypothetical exercises that allow students to evaluate the technique Scrupulously updated for its Third Edition, DISPUTE RESOLUTION: Negotiation, Mediation, & Other Processes now offers: new social science findings on the effectiveness of mediation new coverage of mediation regulation a new section on mediation in the context of cultural differences more detailed treatment of ethics issue timely material on malpractice liability & non-union arbitration a new appendix providing a Research Guide to ADR new problems of the same high quality the book has always represented For the latest coverage of the most important issues in ADR, you can depend on Goldberg, Sander, & Rogers & their proven-effective casebook, which is accompanied by a solid Teacher's Manual.
Download or read book International Negotiation and Mediation in Violent Conflict written by Chester A. Crocker and published by Routledge. This book was released on 2018-02-06 with total page 220 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of essays situates the study and practice of international mediation and peaceful settlement of disputes within a changing global context. The book is organized around issues of concern to practitioners, including the broader regional, global, and institutional context of mediation and how this broader environment shapes the opportunities and prospects for successful mediation. A major theme is complexity, and how the complex contemporary context presents serious challenges to mediation. This environment describes a world where great-power rivalries and politics are coming back into play, and international and regional organizations are playing different roles and facing different kinds of constraints in the peaceful settlement of disputes. The first section discusses the changing international environment for conflict management and reflects on some of the challenges that this changing environment raises for addressing conflict. Part II focuses on the consequences of bringing new actors into third-party engagement and examines what may be harbingers for how we will attempt to resolve conflict in the future. The third section turns to the world of practice, and discusses mediation statecraft and how to employ it in this current international environment. The volume aims to situate the practice and study of mediation within this wider social and political context to better understand the opportunities and constraints of mediation in today’s world. The value of the book lies in its focus on complex and serious issues that challenge both mediators and scholars. This volume will be of much interest to students, practitioners, and policymakers in the area of international negotiation, mediation, conflict resolution and international relations.
Download or read book Advanced Negotiation and Mediation written by James R. Holbrook and published by West Academic Publishing. This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Softbound - New, softbound print book.
Download or read book 112 Ways to Succeed in Any Negotiation or Mediation written by Steven G. Mehta and published by Author House. This book was released on 2009-06-08 with total page 238 pages. Available in PDF, EPUB and Kindle. Book excerpt: Everybody negotiates, even if they dont realize it. The problem is that most people dont know how to negotiate effectively. In this book, you will learn powerful techniques that have been successfully used in real-world negotiations to get the maximum results in any negotiation. 112 Ways to Succeed in Any Negotiation or Mediation will turbo-charge your negotiating skills regardless of your experience and will help to put more dollars in your pockets because you will make better deals. 112 Ways to Succeed in Any Negotiation or Mediation takes you through all aspects of negotiating from the before the negotiation to closing the deal. You will learn many proven and little known secrets in social science that can make the difference between a good deal and a great deal! You will discover: How to make an opening offer When to negotiate What to do during negotiations What barriers exist to successful negotiations Why the location of negotiations matters Ten most common mistakes made in negotiations. And 112 Ways applies to every negotiation regardless of size or environment: Businesspeople can use it to increase their bottom line Lawyers can negotiate better terms for their clients Salespeople can strike better deals Any person can learn to communicate and negotiate every aspect of life better
Download or read book The Fugitive Identity of Mediation written by Debbie De Girolamo and published by Routledge. This book was released on 2013-07-18 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: Despite much having been written about what mediation is, direct observations of commercial mediations are limited. This book grants an opportunity to observe mediation in action and also provides external commentary about the actions observed. The book approaches Mediation ethnographically as a social process that is informed by structures, rules and norms that colour the environment within which it operates. Through the ethnographic method, a process leading to negotiated order is examined, baring its elements, identifying its influences and studying the movement to order. The result is the reconceptualization of mediation. The mediator is invited into the negotiation as third party intervener. He creates the process of mediation, defining the process by his actions, which ultimately merges mediator with process. This book provides a window to the lived experience of participants to mediation: it explores their understandings of and interactions within a process they have experienced together and demonstrates how mediation is a process inextricably linked to negotiation. The Fugitive Identity of Mediation will be of interest to scholars, mediators, parties who participate in the process, and to those active in public policy discourse.
Download or read book Dispute Resolution written by Stephen B. Goldberg and published by Aspen Publishing. This book was released on 2022-10-27 with total page 704 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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
Download or read book Skills and Values written by John Burwell Garvey and published by . This book was released on 2021 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Skills & Values: Alternative Dispute Resolution is designed to give students both theory and practical application for the skills and values which come into play during the various forms of alternative dispute resolution, including negotiation, mediation, collaborative law and arbitration. It may be successfully used as a stand-alone course book or as a practical supplement to a standard text. Each chapter focuses on a different aspect of the dispute resolution process. The idea is to read the material and then test and develop knowledge through exercises and simulations"--
Download or read book Advanced Negotiation and Mediation Theory and Practice written by Paul J. Zwier and published by Aspen Publishing. This book was released on 2015-12-17 with total page 386 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this new, updated edition of Advanced Negotiation and Mediation Theory and Practice, Paul Zwier and Thomas Guernsey present a strategic planning and integrated systematic approach to negotiation, which recognizes that both adversarial and problem-solving strategies have distinct advantages and that lawyers need to combine styles and strategies to achieve the best results for their clients. Zwier and Guernsey provide attorneys with an outline to plan and implement effective negotiation techniques, using up-to-date situations throughout the book to demonstrate how understanding negotiation theory and practice can help them partner with their clients to make better strategic use of negotiation. The authors break down the counseling process into stages and show what information the client needs to make an informed decision. They then suggest and give examples of the techniques and skills that might be used to implement that decision in a negotiation and or mediation setting.
Download or read book Mediation and Negotiation written by Michael P. Silver and published by . This book was released on 2001 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Improvisational Negotiation written by Jeffrey Krivis and published by John Wiley & Sons. This book was released on 2005-12-17 with total page 338 pages. Available in PDF, EPUB and Kindle. Book excerpt: Improvisational Negotiation presents an original approach for mediators, negotiators, and other dispute resolution professionals. Drawing on his own experience plus those of his colleagues, Jeffrey Krivis offers the reader dramatic, well-crafted, and highly instructive stories about people in conflict - families, organizations, corporations - and shows how mediated negotiations help them to reach a successful resolution. Unlike most books on the topic, Improvisational Negotiation does not focus on theory, philosophy, or formulaic procedures. The book highlights entertaining true stories that illuminate the skills and tools a good mediator uses to direct a successful negotiation and then asks the questions: What happened? and What strategies can we learn?
Download or read book Negotiation written by Michael L Spangle and published by SAGE Publications. This book was released on 2002-09-24 with total page 459 pages. Available in PDF, EPUB and Kindle. Book excerpt: Negotiation is not formulaic. How we negotiate is determined largely by the context in which the negotiation process takes place. Negotiation: Communication for Diverse Settings provides the reader with a comprehensive overview of the negotiation process as it applies to a wide variety of contexts. Skillfully weaving practitioner interviews and real world examples throughout the book, Michael Spangle and Myra Warren Isenhart emphasize the day-to-day relevance of negotiation skill. The authors provide knowledge vital to successful negotiation in a variety of situations, including interpersonal relations, the workplace, shopping and other consumer settings, community relations, and international affairs. Discussions of the moral and ethical dilemmas of negotiation-as well as the detail provided in various sections, such as international negotiations will undoubtedly prove useful to novice and seasoned negotiators alike. Features of this text Takes a communication perspective, analyzing the negotiation process and how different settings and elements affect negotiation strategies and techniques; Discusses the cultural context of conflict in U.S. society throughout; Introduces basic theoretical principles and practical steps in the negotiating process; Moves on a continuum from micro (interpersonal) to macro (international) levels of negotiation; Addresses the interpersonal skills necessary for effective negotiation, factors that cause negotiations to break down, and what to do when that happens; Includes "Professional Profiles" interviews with professional negotiators from a variety of backgrounds; Brings concepts to life for students through the use of boxed negotiation examples from a variety of contexts. Recommended for upper-level undergraduate and graduate students taking courses in conflict management and negotiation. Also useful for students in applied programs, such as training and adult education courses in management development, conflict management, and negotiation.
Download or read book Lawyer Negotiation written by Jay Folberg and published by Aspen Publishing. This book was released on 2021-09-14 with total page 306 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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. Designed to prepare law students to negotiate knowledgably and successfully as lawyers representing clients, Lawyer Negotiation: Theory, Practice, and Law, Fourth Edition features an integrated approach that combines theory, skills, negotiation strategy, ethics, and law. A sleek, readable, and lively text for any law school Negotiation course, this book reflects the authors’ experience as negotiators, mediators, ADR teachers, and trainers. Interesting notes, thoughtful problems, provocative questions, and new video resources throughout the text raise practical negotiation challenges and policy issues. The focus is on negotiating legal claims and issues on behalf of clients. Previous editions have proven popular because of the very readable and lively text, interesting notes, thoughtful problems, and provocative questions that raise practical negotiation challenges and issues, which are updated in this new edition. Carefully curated excerpts from other leading authors are included, allowing for diverse ideas to be presented on negotiation techniques and eliminating the need for supplemental material. Vivid examples are included from real cases and literature, which bring negotiation concepts and applications to life. The book is designed for experiential, interactive teaching utilizing provided role-plays, exercises, problems, and streaming video examples. In addition to direct negotiation, how to advantageously use assisted negotiation in the form of mediation advocacy is included. New to the Fourth Edition: Fresh material and perspective benefiting from a new co-author Each chapter has been updated with new insights and examples More video-based examples, problems, and resources—linked video excerpts can now be streamed showing different negotiation styles and techniques Streamlined presentation of outside excerpts Greater coverage of distance negotiation, including email and remote contexts Increased focus on #MeToo, gender, social activism, historical inequities, anti-racism, cultural and style differences, online negotiation, technological advances, and other crucial issues affecting negotiation and dispute resolution today Excerpts have been condensed or summarized to shorten reading assignments, allowing more time for experiential learning Professors and student will benefit from: Step-by-step 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 as negotiators Practice-based approach which helps students apply the concepts Exercises and accompanying role-plays that facilitate classroom discussion Assessment tools to aid in student learning and understanding Videos that show experienced lawyers, negotiators, and mediators performing role plays
Download or read book Arab Approaches to Conflict Resolution written by Nahla Yassine-Hamdan and published by Routledge. This book was released on 2014-07-11 with total page 333 pages. Available in PDF, EPUB and Kindle. Book excerpt: fills a gap in the market on conflict resolution in the Arab world examines conflict management in the Arab world through comparative case study analysis will be of much interest to students of conflict resolution, Middle Eastern politics, peace and conflict studies, security studies and IR
Download or read book The Blackwell Handbook of Mediation written by Margaret S. Herrman and published by John Wiley & Sons. This book was released on 2009-02-09 with total page 472 pages. Available in PDF, EPUB and Kindle. Book excerpt: This handbook invites readers who are interested in mediation,negotiation and conflict resolution to share the perspectives ofexperts in the field. Contributors include scholars, mediators, trainers andnegotiators, all of whom are passionate about their work. Emphasises both internal and external factors as importantsources of influence when negotiating conflicts. Explores the cultural and institutional frameworks that haveshaped intervention processes. Considers what techniques might work when, how and why. Demonstrates the sophistication of contemporary studies ofmediation, negotiation and conflict resolution.
Download or read book Mediation and Negotiation written by E. Wendy Trachte-Huber and published by . This book was released on 2007 with total page 900 pages. Available in PDF, EPUB and Kindle. Book excerpt: The subject matter of these teaching materials is consensual dispute resolution processes, predominantly mediation and negotiation. These materials focus on business transactions, defined broadly to include employment and consumer disputes. The only important exceptions are two forays into criminal law. Plea bargaining is examined as an important example of negotiation and victim-offender mediation is discussed as an interesting use of mediation. The central omission, compared to other dispute resolution books, is the total exclusion of family matters, notably divorce and child custody. This book is divided into five parts. Part I introduces the subject matter of the course, and examines dispute resolution generally. Part II introduces negotiation, the core dispute resolution process. Part III is composed of three chapters devoted to mediation-facilitated negotiation. Part IV considers examines additional ADR processes and procedures that involve the use of a third party neutral. Court-connected ADR processes, including early neutral evaluation, summary jury trial, non-binding arbitration, and mediation at the appellate court level are considered. ADR processes other than mediation are also considered, including the mini-trial used in business disputes, private binding arbitration, collaborative law, the use of an ombudsman, and partnering and dispute review boards used for large dollar construction projects. This part also considers government use of ADR and negotiated rulemaking. Part V considers the dispute resolution professional including qualifications and standards, potential errors and omissions liability, ethical issues, and systems design--the process of planning for and avoiding disputes. The Teacher's Manual presents exercises, problems, and role plays, along with suggestions about their use to further pedagogical goals.
