Download or read book The Unfulfilled Promise of Self Determination in Court Connected Mediation written by Peter Reilly and published by . This book was released on 2023 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the context of mediation, party self-determination refers to the ability of disputants to have power, control, and autonomy in the process. There are numerous process design questions involved in running a mediation, no matter its subject matter. Consider just one example: “Should the mediation be conducted in-person, or virtually?” The answer to this question can have a profound impact on the direction and course of a mediation, including its outcome. Yet, in the context of court-connected mediation, disputing parties are not consistently provided the opportunity to give input on how such process design questions are resolved. In fact, these decisions are typically made by mediators, courts, program administrators, counsel, or others--all of which conflicts with the MODEL STANDARDS OF CONDUCT FOR MEDIATORS' declaration that disputing parties may exercise self-determination at any stage of a mediation, including process design. In effect, this dynamic represents a significant failure regarding one of mediation's core promises. The paper proposes a novel solution to this unfulfilled promise: the institution of an Opening Negotiation Session at the start of every court-connected mediation. This joint meeting would involve all participants (mediators, disputants, and counsel) to ensure party interests are accounted for in deciding how four specific process design questions, all explored in the paper, will guide the mediation. This opening negotiation can immediately impact how the mediation will be run as it moves forward, thereby dramatically enhancing party self-determination and leading to a more tailored, empowering, and accountable resolution process for all participants.
Download or read book Promessas N o Cumpridas written by Inter-American Dialogue (Organization) and published by . This book was released on 2019 with total page 153 pages. Available in PDF, EPUB and Kindle. Book excerpt: The volume takes a broad view of recent social, political, and economic developments in Latin America. It contains six essays, focused on salient and cross-cutting themes, that try to construct a thread or narrative about the highly diverse region, highlighting its main idiosyncrasies and analyzing where it might be headed in coming years. While the essays recognize considerable advances, they also point out setbacks and missed opportunities that have stood in the way of sustained progress. Strengthening state capacity emerges as a significant challenge.
Download or read book Report of the National Advisory Commission on Civil Disorders written by United States. National Advisory Commission on Civil Disorders and published by . This book was released on 1968 with total page 450 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book TIP 35 Enhancing Motivation for Change in Substance Use Disorder Treatment Updated 2019 written by U.S. Department of Health and Human Services and published by Lulu.com. This book was released on 2019-11-19 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: Motivation is key to substance use behavior change. Counselors can support clients' movement toward positive changes in their substance use by identifying and enhancing motivation that already exists. Motivational approaches are based on the principles of person-centered counseling. Counselors' use of empathy, not authority and power, is key to enhancing clients' motivation to change. Clients are experts in their own recovery from SUDs. Counselors should engage them in collaborative partnerships. Ambivalence about change is normal. Resistance to change is an expression of ambivalence about change, not a client trait or characteristic. Confrontational approaches increase client resistance and discord in the counseling relationship. Motivational approaches explore ambivalence in a nonjudgmental and compassionate way.
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 and Lawyers written by Leonard L. Riskin and published by West Academic Publishing. This book was released on 1998 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Practicing Narrative Mediation written by John Winslade and published by John Wiley & Sons. This book was released on 2008-09-22 with total page 342 pages. Available in PDF, EPUB and Kindle. Book excerpt: Practicing Narrative Mediation provides mediation practitioners with practical narrative approaches that can be applied to a wide variety of conflict resolution situations. Written by John Winslade and Gerald Monk—leaders in the narrative therapy movement—the book contains suggestions and illustrative examples for applying the proven narrative technique when working with restorative conferencing and mediation in organizations, schools, health care, divorce cases, employer and employee problems, and civil and international conflicts. Practicing Narrative Mediation also explores the most recent research available on discursive positioning and exposes the influence of the moment-to-moment factors that are playing out in conflict situations. The authors include new concepts derived from narrative family work such as "absent but implicit," "double listening," and "outsider-witness practices."
Download or read book The Promise of Mediation written by Robert A. Baruch Bush and published by Jossey-Bass. This book was released on 1994-11-09 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: Folger, neglects the most important dimension of the process: its potential to change the people themselves who are in the very midst of conflict - giving them both a greater sense of their own efficacy and a greater openness to others.
Download or read book Dispute System Design written by Lisa Blomgren Amsler and published by Stanford University Press. This book was released on 2020-06-02 with total page 406 pages. Available in PDF, EPUB and Kindle. Book excerpt: Dispute System Design walks readers through the art of successfully designing a system for preventing, managing, and resolving conflicts and legally-framed disputes. Drawing on decades of expertise as instructors and consultants, the authors show how dispute systems design can be used within all types of organizations, including business firms, nonprofit organizations, and international and transnational bodies. This book has two parts: the first teaches readers the foundations of Dispute System Design (DSD), describing bedrock concepts, and case chapters exploring DSD across a range of experiences, including public and community justice, conflict within and beyond organizations, international and comparative systems, and multi-jurisdictional and complex systems. This book is intended for anyone who is interested in the theory or practice of DSD, who uses or wants to understand mediation, arbitration, court trial, or other dispute resolution processes, or who designs or improves existing processes and systems.
Download or read book The Promise of Mediation written by Robert A. Baruch Bush and published by John Wiley & Sons. This book was released on 2004-10-25 with total page 310 pages. Available in PDF, EPUB and Kindle. Book excerpt: The award-winning first edition of The Promise of Mediation, published ten years ago, is a landmark classic that changed the field's understanding of the theory and practice of conflict intervention. That volume first articulated the "transformative model" of mediation, which greatly humanized the vision of how the mediation process could help parties in conflict. In the past decade, the transformative model has proved itself and gained increasing acceptance. It is now being used in such diverse arenas as workplace, community, family, organizational, and public policy conflicts, among others. In this new edition, the authors draw on a decade of work in theory development, training, practice, research, and assessment to present a thoroughly revised and updated account of the transformative model of mediation and its practical application, including a compelling description of how the field has moved toward increasing acceptance of the transformative model a new and clearer presentation of the theory and practices of transformative mediation, with many concrete examples a new case study that provides a vivid picture of the model in practice, with a commentary full of new information about how to use it effectively clarifications of common misconceptions about the model a vision for the future that shows how the model can coexist with other approaches and where the "market" for transformative mediation is emerging This volume is a foundational resource on transformative practice, for both readers of the first edition and new readers - including mediators, facilitators, lawyers, administrators, human resource professionals, policymakers, and conflict resolution researchers and educators. More generally, this book will strike a chord with anyone interested in humanizing our social institutions and building on a relational vision of society.
Download or read book Recovering Canada written by John Borrows and published by University of Toronto Press. This book was released on 2017-06-22 with total page 326 pages. Available in PDF, EPUB and Kindle. Book excerpt: Canada is covered by a system of law and governance that largely obscures and ignores the presence of pre-existing Indigenous regimes. Indigenous law, however, has continuing relevance for both Aboriginal peoples and the Canadian state. In his in-depth examination of the continued existence and application of Indigenous legal values, John Borrows suggests how First Nations laws could be applied by Canadian courts, and tempers this by pointing out the many difficulties that would occur if the courts attempted to follow such an approach. By contrasting and comparing Aboriginal stories and Canadian case law, and interweaving political commentary, Borrows argues that there is a better way to constitute Aboriginal / Crown relations in Canada. He suggests that the application of Indigenous legal perspectives to a broad spectrum of issues that confront us as humans will help Canada recover from its colonial past, and help Indigenous people recover their country. Borrows concludes by demonstrating how Indigenous peoples' law could be more fully and consciously integrated with Canadian law to produce a society where two world views can co-exist and a different vision of the Canadian constitution and citizenship can be created.
Download or read book Mechanical Jurisprudence written by Roscoe Pound and published by . This book was released on 1908 with total page 126 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Beyond Access written by Morten Walløe Tvedt and published by IUCN. This book was released on 2007 with total page 172 pages. Available in PDF, EPUB and Kindle. Book excerpt: Fewer than 11% of CBD Parties have adopted substantive ABS law, and nearly all of these are developing countries, focusing almost entirely on the 'access' side of the equation. Most of the CBD's specific ABS obligations, however, relate to the other side of the equation-benefit sharing. This book considers the full range of ABS obligations, and how existing tools in user countries' national law can be used to achieve the CBD's third objective. It examines the laws of those user countries which have either declared that their ABS obligations are satisfied by existing national law, or have begun legislative development; the requirements, weaknesses and gaps in achieving benefit-sharing objectives; and the ways in which new or existing legal tools can be applied to these requirements.
Download or read book The Concept of Dilemma in Legal and Judicial Ethics written by Przemysław Kaczmarek and published by Wydawnictwo C.H.Beck. This book was released on 2018-10-12 with total page 355 pages. Available in PDF, EPUB and Kindle. Book excerpt: Judges and lawyers have to shape their moral competences in order to maintain their professional ethics at a high standard if they want to effectively meet the challenges that modern society will throw at them. This requirement is due to the growing expectation that they will be socially and morally responsible for the law. Thus, the need to place ethics at the heart of legal education, and to make ethical reflection pervasive in academic courses, becomes more obvious every day. Using the concept and examples of moral dilemmas is a way of facilitating this task. The main purpose of this book is to analyse the concept of moral dilemma in context of judicial and legal ethics, and to provide material for legal education. The structure of this book is designed with this double aim in mind. The theoretical part presents the concept of dilemmas on grounds of metaethics and the perspectives for its application in a professional legal context. The former encompasses situations of conflict of duties or obligations, in which the choice of one conduct necessarily prevents a different conduct, and therefore leads to an unacceptable outcome. Hence, the situation of dilemma always involves an issue of moral responsibility and the problem of “dirty hands”. How such situations are present in legal practice and how to deal with them is the main concern of this part. The considerations are divided into three levels of reflection – deontological, axiological, and moral responsibility. The practical part of the book contains an overview of 150 dilemmas that can be useful in legal ethics or other legal courses. The dilemmas are divided into chapters covering the following branches of law: criminal law, civil and commercial law, family and custody law, labour and social security law, and constitutional law. Every dilemma presents a description of the facts, a reconstruction of dilemma, its standard solution and some critical remarks from a meta-ethical perspective. The dilemmas cover situations regularly met in everyday practice, as well as examples of more exceptional challenges in connection with constitutional crises that have occurred in Poland in recent years.
Download or read book Democratisation in the European Neighbourhood written by Michael Emerson and published by CEPS. This book was released on 2005 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: Approaches democratization of the European neighbourhood from two sides, first exploring developments in the states themselves and then examining what the European Union has been doing to promote the process.
Download or read book Reconciliation After Violent Conflict written by David Bloomfield and published by . This book was released on 2003 with total page 188 pages. Available in PDF, EPUB and Kindle. Book excerpt: How does a newly democratized nation constructively address the past to move from a divided history to a shared future? How do people rebuild coexistence after violence? The International IDEA Handbook on Reconciliation after Violent Conflict presents a range of tools that can be, and have been, employed in the design and implementation of reconciliation processes. Most of them draw on the experience of people grappling with the problems of past violence and injustice. There is no "right answer" to the challenge of reconciliation, and so the Handbook prescribes no single approach. Instead, it presents the options and methods, with their strengths and weaknesses evaluated, so that practitioners and policy-makers can adopt or adapt them, as best suits each specific context. Also available in a French language version.
Download or read book Constructing Papuan Nationalism written by Richard Chauvel and published by . This book was released on 2005 with total page 146 pages. Available in PDF, EPUB and Kindle. Book excerpt: Papuan nationalism is young, evolving, and flexible. It has adapted to and reflected the political circumstances in which it has emerged. Its evolution as a political force is one of the crucial factors in any analysis of political and cultural change in Papua, and the development of relations between the Indonesian government and Papuan society. This study examines the development of Papuan nationalism from the Pacific War through the movement?s revival after the fall of President Suharto in 1998. The author argues that the first step in understanding Papuan nationalism is understanding Papuan history and historical consciousness. The history that so preoccupies Papuan nationalists is the history of the decolonization of the Netherlands Indies, the struggle between Indonesia and the Netherlands over the sovereignty of Papua, and Papua?s subsequent integration into Indonesia. Papuan nationalism is also about ethnicity. Many Papuan nationalists make strong distinctions between Papuans and other peoples, especially Indonesians. However, Papuan society itself is a mosaic of over three hundred small, local, and often isolated ethno-linguistic groups. Yet over the years a pan-Papuan identity has been forged from this mosaic of tribal groups. This study explores the nationalists? argument about history and the sources of their sense of common ethnicity. It also explores the possibility that the Special Autonomy Law of 2001, if implemented fully, might provide a framework in which Papuan national aspirations might be realized.This is the fourteenth publication in Policy Studies, a peer-reviewed East-West Center Washington series that presents scholarly analysis of key contemporary domestic and international political, economic, and strategic issues affecting Asia in a policy relevant manner.
