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Book Dispute Resolution

    Book Details:
  • Author : Stephen B. Goldberg
  • Publisher : Aspen Publishing
  • Release : 2020-02-02
  • ISBN : 1543801080
  • Pages : 704 pages

Download or read book Dispute Resolution written by Stephen B. Goldberg and published by Aspen Publishing. This book was released on 2020-02-02 with total page 704 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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

Book Alternatives to Litigation

    Book Details:
  • Author : Andrea Doneff
  • Publisher : Aspen Publishing
  • Release : 2014-07-17
  • ISBN : 163281403X
  • Pages : 307 pages

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.

Book Resolving Disputes

    Book Details:
  • Author : Jay Folberg
  • Publisher : Aspen Publishing
  • Release : 2021-09-14
  • ISBN : 1543844359
  • Pages : 804 pages

Download or read book Resolving Disputes written by Jay Folberg and published by Aspen Publishing. This book was released on 2021-09-14 with total page 804 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. 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

Book Highlights from the Issues and Practices Report on the Use of Mediation and Arbitration in Small Claims Disputes

Download or read book Highlights from the Issues and Practices Report on the Use of Mediation and Arbitration in Small Claims Disputes written by William DeJong and published by . This book was released on 1983 with total page 28 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Book The Art of Mediation

    Book Details:
  • Author : Mark D. Bennett
  • Publisher : Aspen Publishing
  • Release : 2005-12-08
  • ISBN : 1556818653
  • Pages : 290 pages

Download or read book The Art of Mediation written by Mark D. Bennett and published by Aspen Publishing. This book was released on 2005-12-08 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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

Book Art of Mediation

    Book Details:
  • Author : Mark D. Bennett
  • Publisher : Aspen Publishing
  • Release : 2005-12-08
  • ISBN : 1632814102
  • Pages : 316 pages

Download or read book Art of Mediation written by Mark D. Bennett and published by Aspen Publishing. This book was released on 2005-12-08 with total page 316 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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

Book Alternative Dispute Resolution in a Bankruptcy Court

Download or read book Alternative Dispute Resolution in a Bankruptcy Court written by Steven Hartwell and published by . This book was released on 1988 with total page 100 pages. Available in PDF, EPUB and Kindle. Book excerpt: "A publication of the Federal Judicial Center"--Cover.

Book Alternative Dispute Resolution in a Nutshell

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.

Book Alternatives to Litigation

Download or read book Alternatives to Litigation written by Abraham P. Ordover and published by . This book was released on 1993 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Book The Practice of Mediation

    Book Details:
  • Author : Douglas N. Frenkel
  • Publisher : Aspen Publishing
  • Release : 2018-07-19
  • ISBN : 1543801285
  • Pages : 699 pages

Download or read book The Practice of Mediation written by Douglas N. Frenkel and published by Aspen Publishing. This book was released on 2018-07-19 with total page 699 pages. Available in PDF, EPUB and Kindle. Book excerpt: For access to the video case studies included with the purchase of this ebook, please contact customer support at [email protected]. This widely-adopted, all-original book was the first in the field to combine complete analysis of the mediation process with integrated video case studies illustrating the full range of mediation skills. Engaging text is keyed to seven hours of online video, featuring three different cases, all based on actual disputes: a child custody case, a small claims consumer dispute, and a complex negligence suit. These unscripted mediations were conducted by mediators and lawyers with a variety of backgrounds and styles. The video includes an extended comparative example of facilitative and evaluative mediation of the same matter. The integration of text and video in The Practice of Mediation: A Video-Integrated Text, Third Edition enriches students’ understanding and allows classroom and clinical instruction to proceed more rapidly and on a far more sophisticated level. New to the Third Edition: New end-of-chapter problems to aid assessment of student learning New or expanded coverage of biases and their impact on negotiators; pre-mediation contacts with parties; and increasing mediator use of caucuses to open the process Newly designed problems on the ethics of mediating New video clips on mediator influence and persuasion Professors and students will benefit from: Practice- and research-based analysis of negotiations and why they fail Contextualized model of the role and effective skills of the mediator, applicable across the entire range of disputes Exploration of fundamental norms of the process and, through real case problems, the ethics of mediating Video and case-based introduction to the role and skills of representing a client in mediation

Book AAA Handbook on Mediation   Second Edition

Download or read book AAA Handbook on Mediation Second Edition written by American Arbitration Association and published by Juris Publishing, Inc.. This book was released on 2010-09-01 with total page 820 pages. Available in PDF, EPUB and Kindle. Book excerpt: Assembled from Dispute Resolution Journal - the flagship publication of the American Arbitration Association - the chapters in the Handbook have all, where necessary, been revised and updated prior to publication. The book is succinct, comprehensive and a practical introduction to the use of arbitration and ADR, written by leading practitioners and scholars. The Handbook begins with a thorough introduction into the practice of mediation and offers advice and strategies in preparing for and conducting successful mediations. It explores the use of mediator evaluations, (i.e. opinions as to the likely outcome or value of legal claims), reframing (i.e. restating or rephrasing statements of conflict), risk analysis, the underlying psychology and bridging of cultural gaps, among many other areas included to assist mediators in achieving the best results. Attorneys are provided with guidance on establishing a mediation practice, preparing clients for mediation, negotiation tactics, and how to answer a client’s questions regarding the process of mediation. It discusses confidentiality and ethics in mediation and also addresses the use of mediation in specific types of disputes, such as business to business matters, construction, medical malpractice, governmental agencies including environmental agencies, and in the workplace. Lastly, it touches on various mediation issues as they arise in the legal system. The chapters were selected from an extensive body of writings and, in the main, represent world-class assessments of arbitration and ADR practice. All the major facets of the field are addressed and provide the reader with comprehensive and accurate information, lucid evaluations, and an indication of future developments. They not only acquaint, but also ground the reader in the field.

Book Mediation

    Book Details:
  • Author : John W. Keltner
  • Publisher :
  • Release : 1987
  • ISBN :
  • Pages : 92 pages

Download or read book Mediation written by John W. Keltner and published by . This book was released on 1987 with total page 92 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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).

Book Dispute Processes

    Book Details:
  • Author : Simon Roberts
  • Publisher : Cambridge University Press
  • Release : 2005-10-20
  • ISBN : 9780521676014
  • Pages : 412 pages

Download or read book Dispute Processes written by Simon Roberts and published by Cambridge University Press. This book was released on 2005-10-20 with total page 412 pages. Available in PDF, EPUB and Kindle. Book excerpt: This wide-ranging study considers the primary forms of decision-making - negotiation, mediation, and umpiring - in the context of rapidly changing discourses and practices of civil justice across many jurisdictions. Much contemporary discussion in this field, and associated projects of institutional design, are taking place under the wide ranging but imprecise label of Alternative Dispute Resolution (ADR). If a common linking theme is sought, the authors argue that this must lie in a general shift of priorities as between judgement and settlement in ideological terms. This new edition brings together and analyses a wide range of materials dealing with dispute processes and the current debates on civil justice. With the help of a selection of texts beyond those ordinarily found in the emerging alternative dispute resolution literature it provides a broad, comparative perspective on modes of handling civil disputes, with the principal focus on the central processes of negotiation and mediation.

Book Settle it Out of Court

Download or read book Settle it Out of Court written by Thomas E. Crowley and published by . This book was released on 1994-05-25 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: Now, in this smart, witty guide, attorney and conflict resolution expert, Thomas Crowley offers you "battle-tested" strategies and step-by-step guidance on resolving your business and personal disputes fairly, equitably, and without the agonies of a court trial. And most importantly, he explains it in clear, down-to-earth English, not in legalese! Applicable to virtually any type of dispute, including marital, employer/employee, and contract disputes, the techniques Thomas Crowley provides are designed to get both sides to structure their feelings, help them get their facts out straight and state their cases, and enable them to hash out a mutually agreeable settlement in a civilized fashion.

Book Use of Mediation and Arbitration in Small Claims Disputes

Download or read book Use of Mediation and Arbitration in Small Claims Disputes written by and published by . This book was released on 1983 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: