Download or read book What They Really Want Bringing Objective Evaluation Into Mediation written by Elayne E. Greenberg and published by . This book was released on 2017 with total page 8 pages. Available in PDF, EPUB and Kindle. Book excerpt: Bankruptcy mediators and bankruptcy mediation advocates mistakenly aver that parties in a bankruptcy mediation just want their esteemed mediator to provide the parties with her evaluation of the case in dispute. “Just give us your evaluation.” However, experienced mediators understand that what advocates are actually saying is, “Just confirm that you agree with my side.” In this chapter, I will first discuss why giving your evaluation of the case, even when both sides insist that is what they want, could begin the descent down a slippery slope that abruptly terminates the mediation. Then, I will suggest how experienced bankruptcy mediators might bring an evaluation of the case into the bankruptcy mediation, without having the evaluation come directly from the mediator.
Download or read book Transformative Mediation written by Robert A. Baruch Bush and published by . This book was released on 2010 with total page 479 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Bringing Peace Into the Room written by Daniel Bowling and published by John Wiley & Sons. This book was released on 2003-09-30 with total page 325 pages. Available in PDF, EPUB and Kindle. Book excerpt: Bringing Peace Into the Room examines the personal qualities that make a mediator effective. The eminent authors of this volume go beyond traditional descriptions of academic training, theoretical orientation, and refinement of technique to confront issues related to personal temperament and the crucial psychological, intellectual and spiritual qualities of the mediation professional— qualities that are often the most potent elements of successful mediation. In this comprehensive resource, Daniel Bowling and David Hoffman bring together a stellar panel of practitioners, academics, teachers, and trainers in the field— Michele LeBaron, Kenneth Cloke, Robert Benjamin, Don Saposnek, Sara Cobb, Peter Adler, Jonathan Reitman, Lois Gold, Marvin Johnson, and others— ¾who share their personal experiences as mediators. Each contributor demonstrates that at the very heart of conflict resolution is the subtle interaction between the parties and the mediator's personal and authentic style.
Download or read book Mediation written by Dwight Golann and published by Aspen Publishing. This book was released on 2021-09-14 with total page 449 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. Mediation: The Roles of Advocate and Neutral, Fourth Edition, integrates mediation skills and strategies with theory, ethics, and practice applications to teach students about legal mediation and how to represent clients effectively in the process. This book reflects the experience of its authors, who are both professors and practicing legal mediators with decades of experience teaching and resolving cases. It includes all the coverage of mediation found in Resolving Disputes, the survey text, as well as material on negotiation and hybrid processes and additional coverage of mediation. Most important, this book has become a fully video-integrated text. As they read students are referred to 65 unique video excerpts, embedded in the text and instantly accessible, which show leading mediators applying specific techniques and strategies to overcome barriers to settlement. New to the Fourth Edition Video: Unique and diverse video excerpts, created expressly for this book and embedded in the text, featuring mediators from the U.S. and around the world. Virtual mediation: Analysis of the special aspects of mediating via Zoom, based on the experiences of professional mediators. Grief and loss: New material probing deeply into the psychology of loss and how it affects settlement decisions. ODR: New readings on online mediation. International: Perspectives and video of international practitioners, based on the authors’ experience training mediators on five continents. Professors and student will benefit from: Concise content that supports an active experiential class, without sacrificing the deeper knowledge expected in a law school course. An informal writing style that presents actual case examples, practical advice, and thought-provoking questions written for students who will soon become lawyers, representing clients in mediating disputes. A practice-based approach that helps students apply concepts, including realistic roleplays that facilitate classroom discussion. Examples of lawyers taking on roles as informal mediators, giving students models of how to apply mediative skills immediately in their practice.
Download or read book Mediation written by Freddie Strasser and published by A&C Black. This book was released on 2004-12-30 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is about conflict resolution through mediation, from a psychological perspective. Although written in part from the point of view of litigation, the objective is to demonstrate how an appreciation of the psychological aspects of conflict and an understanding of the emotional strategies people adopt in dispute situations can assist both lawyers and non-lawyers in resolving conflicts. The book consists of three sections- a theoretical analysis of conflict and conflict resolution; a practical, legal and experiential explanation of mediation; and thirdly a series of mock mediations, comprehensively analysed from the viewpoint of the mediator and the parties, providing tips and guidance on the dilemmas and pitfalls that mediators encounter. The book is based on three fundamental tenets: that conflict is ever present, and cannot be eliminated but can be worked with; that the attitude and stance of the mediator towards the dispute can be of significance to the outcome; and above all that the use of psychotherapeutic tools can facilitate a paradigm shift in the parties' approach to conflict. The authors demonstrate how the mediator can move parties in dispute from a position of intransigent adversity to a working alliance, and thereby achieve a 'good enough ' resolution.
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
Download or read book Guide to WIPO Mediation written by and published by . This book was released on 1996 with total page 20 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Developing the Craft of Mediation written by Marian Roberts and published by Jessica Kingsley Publishers. This book was released on 2007 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book draws on the concrete knowledge and practice experience of leading mediators, working in a variety of fields, to inform contemporary debates and challenges. These practitioners reflect on the excitement, complexity and satisfaction of their work as well as on the differences and commonalities across diverse fields of mediation practice.
Download or read book The Mediation Handbook written by O. Russel Murray and published by Bradford Publishing Company. This book was released on 2011-10-20 with total page 254 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 The Mediation Process written by Christopher W. Moore and published by Jossey-Bass. This book was released on 1986-03-19 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: Provides mediators and other professionals who use mediationsuch as lawyers, therapists, and personnel managerswith comprehensive, step-by-step instruction in effective dispute resolution strategies.
Download or read book The Mediator s Approach written by Tara West and published by Independently Published. This book was released on 2021-08-02 with total page 136 pages. Available in PDF, EPUB and Kindle. Book excerpt: Mediation - a world where conflict leads to honest communication, healed wounds, and win-win solutions. Or is it? That depends on what you mean by mediation! If you're confused by the conflict resolution process known as mediation, and all its many meanings, look no further. In The Mediator's Approach: Five (and a Half) Paths Through Conflict, you will learn the theory, goals, and practices of five (and a half) of the main approaches practiced by mediators today: Evaluative (the approach and a half) Facilitative Transformative Understanding-Based Narrative This book is essential for mediators and other professionals who serve people in conflict (e.g., lawyers, therapists, hairdressers, and bartenders). It will also prove invaluable if you are considering hiring a mediator to help you with your own dispute. By the end of the book, you will be well prepared to navigate the world of mediation, and may even learn a thing or two about resolving your own conflicts
Download or read book Mediation written by Alain Lempereur and published by John Wiley & Sons. This book was released on 2021-06-28 with total page 374 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 Success as a Mediator For Dummies written by Victoria Pynchon and published by John Wiley & Sons. This book was released on 2012-04-10 with total page 374 pages. Available in PDF, EPUB and Kindle. Book excerpt: Everything you need to enter the exciting field of legal mediation To be an effective mediator, it's essential to possess the ability to take control of animated situations, offer advice, and facilitate discussion—all the while remaining neutral without formulating biased judgment. Success as a Mediator For Dummies helps you acquire these attributes and much more. Aspiring mediators will learn the importance of upholding an honorable reputation, the skills, personality traits, and characteristics of a good mediator, and how to effectively market a successful mediation career. Plus, you'll get practical advice about finding work in the field, realistic salary information, and tips on as tips on identifying whether you have the skills and tools to become a good mediator. The steps necessary to become a mediator (education, training, licensing, states-specific requirements, etc.) How your education and professional background can enhance your mediation work Sample rules and standards of conduct All the steps necessary to build and market a successful private practice in mediation, or flourish as a mediator in a law firm, corporation, school, or non-profit organization Whether you have a background in law or an interest in legal careers, Success as a Mediator For Dummies gives you everything you need to enter the exciting field of legal mediation.
Download or read book Case Based Reasoning written by Janet Kolodner and published by Morgan Kaufmann. This book was released on 2014-06-28 with total page 687 pages. Available in PDF, EPUB and Kindle. Book excerpt: Case-based reasoning is one of the fastest growing areas in the field of knowledge-based systems and this book, authored by a leader in the field, is the first comprehensive text on the subject. Case-based reasoning systems are systems that store information about situations in their memory. As new problems arise, similar situations are searched out to help solve these problems. Problems are understood and inferences are made by finding the closest cases in memory, comparing and contrasting the problem with those cases, making inferences based on those comparisons, and asking questions when inferences can't be made. This book presents the state of the art in case-based reasoning. The author synthesizes and analyzes a broad range of approaches, with special emphasis on applying case-based reasoning to complex real-world problem-solving tasks such as medical diagnosis, design, conflict resolution, and planning. The author's approach combines cognitive science and engineering, and is based on analysis of both expert and common-sense tasks. Guidelines for building case-based expert systems are provided, such as how to represent knowledge in cases, how to index cases for accessibility, how to implement retrieval processes for efficiency, and how to adapt old solutions to fit new situations. This book is an excellent text for courses and tutorials on case-based reasoning. It is also a useful resource for computer professionals and cognitive scientists interested in learning more about this fast-growing field.
Download or read book Teachers as Mediators in the Foreign Language Classroom written by Michelle Kohler and published by Multilingual Matters. This book was released on 2015-01-12 with total page 133 pages. Available in PDF, EPUB and Kindle. Book excerpt: Language teachers are key figures in preparing young people for participation in an increasingly multilingual and culturally diverse world, yet little is known about how they go about this in practice. This book uses examples of classroom interaction to reveal how teachers of languages act as intercultural mediators and the implications of this for practice. To date, there has been little exploration of how teachers mediate language and culture learning from an intercultural perspective, and what underlies their mediation practices in terms of their conceptions of intercultural language teaching and learning. This book offers an account of what teachers are thinking, feeling and doing as they enact an intercultural perspective on language teaching and learning.
Download or read book A Practical Approach to Alternative Dispute Resolution written by Susan Blake and published by Oxford University Press. This book was released on 2016 with total page 669 pages. Available in PDF, EPUB and Kindle. Book excerpt: This text will appeal to law students and practitioners looking for a book that deals with the full range of ADR processes. It covers the core topics on the dispute resolution module for the BPTC. Its practical focus highlights the key processes and procedures for each topic.