This title provides a comprehensive, yet concise examination of the primary aspects of mediation practice. In doing so, the book considers the legal, philosophical, policy and practical issues surrounding mediation use. Matters include issues such as levels of participation in mediation, enforceability of mediated agreements, regulation of practice including ethical concerns, and a survey of the specialized applications of mediation. The extent and limits of confidentiality are examined with consideration of the Uniform Mediation Act. Each chapter also contains an extensive bibliography and listing of leading cases on each subject area.
Author: Kimberlee K. Kovach
Publisher: West Academic
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 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. Each chapter contains a bibliography. This is a must read for anyone interested in the field of dispute resolution.
Author: Jacqueline M. Nolan-Haley
Publisher: West Academic Publishing
Author: Thomas E. Carbonneau
Publisher: West Academic
For over twenty-five years, Author Mary Greenwood has been resolving disputes in her professional career as an Attorney, Mediator, Human Resources Director, Union Negotiator, and Labor Arbitrator. Her book how to Negotiate Like a Pro, Which has won six book awards, was based on her experience as a Union Negotiator, the sequel how to Mediate Like a Pro is based on her experience as a Mediator in over 7000 cases. Greenwood noticed that there were certain Rules or characteristics of the cases that settled that were not present in the cases that did not settle. Greenwood lists each Rule and Script and offers a concise explanation on how and when to use it in Mediation. How to Mediate Like a Pro presents strategles and practical tips for the Mediation process it will give you insight on how to deal with difficult parties how to break an impasse and how to close the deal. After you read this book, you will be able to Mediate Like A Pro.
42 Rules for Mediating Disputes
Author: Mary Greenwood
Representing Clients in Legal Negotiations; Obligation of Competent Representation. Basic Types of Legal Negotiation; Basic Elements of Case Value; Case Evaluation Methods; Goals; Interests; Target Points; Minimum Dispositions; Best Alternative to a Negotiated Agreement; Settlement Offers and Discussions as Evidence at Trial; Procedural Rules Affecting Offers of Compromise; Effect of Negotiations on the Statute of Limitations; Legal Disputes that Should Not Be Negotiated; Legal Negotiating Styles; Legal Negotiating Strategies; Stages of Legal Negotiation; Interplay Between the Litigation Process and the Stages of Negotiation; Environmental Considerations; Ground Rules; Communication and Information Exchange; Truth in Legal Negotiations; Intimidation; Face Saving; Threats and Promises; Conflict Escalation and Entrapment; Narrowing the Differences; Reaching Agreement; Defects in Settlements; Fairness in Negotiating Results.
Author: Larry L. Teply
Publisher: West Group
Category: Attorney and client
Development of Labor and Employment Arbitration; Arbitration Procedure: Contractual Requirements, Types of Arbitration Systems, Selecting the Arbitrator, Preparation, Hearing, Post-Hearing Procedure; Variations on Traditional Arbitration: Expedited, Compulsory, Advisory, Interest Arbitration; New Applications, Public Sector, Higher Education, Professional Sports, Airlines, Individual Employment Arbitration; Legal Status: Common Law, Early Statutes, Section 301; Relationships Between Arbitrators, The NLRB, The Courts; Judicial Review; The Common Law of the Arbitration Process; Contractual Interpretation: Precedent, Arbitrability, Interpretive Principles; Subject Matter Discipline, Discharge, Management Rights, Seniority, Wages, Hours, Fringe Benefits, Subcontracting, Union Security, Occupational Safety, Health.
Author: Dennis R. Nolan
Publisher: West Publishing Company
For over twenty-five years, author Mary Greenwood has worked in careers that required expert negotiation. After becoming a professional union negotiator, she began to notice a specific set of rules people use to settle disputes. Greenwood compiles many of these rules in How to Negotiate Like a Pro: 41 Rules for Resolving Disputes, an easy-to-understand guide to negotiating any type of situation. Among these rules you will find the following: Focus on the goal and resist being distracted by emotions Request ground rules Avoid negotiating against yourself Do your research Know when to walk away Greenwood lists each rule and subsequently offers a concise explanation on how and when to use it in your negotiations. She explains the emotional frame of mind you need for negotiations and reveals the preparations, strategies, and tactics required to close the deal. Telephone and on-line negotiations are also discussed. Whether you're involved in a professional dispute with another business associate, your boss, or even an online seller, How to Negotiate Like a Pro will put you ahead of the game!
41 Rules for Resolving Disputes
Author: Mary Greenwood
Nurses are required not only to keep pace with a swiftly changing health care environment and make rapid decisions on critical issues, they must also be cognizant of the legal implications of these decisions. This Fast Factslegal reference provides the quick, reliable legal information that nurses need to protect themselves in practice, management, and education. The only resource of its kind, it has been authored by highly respected nurse attorneys and practitioners who present complex information in straightforward, accessible language organized into easily digestible segments. Key Topics: Malpractice/negligence issues Workplace, organization, and business law, Legal concerns in the classroom Disaster and public health emergencies Nurse Practice Acts and the disciplinary process Informed consent and patient rights Risk management and compliance Trials and alternatives in dispute resolution
Law for Nurses in a Nutshell
Author: Paula DiMeo Grant, RN, BSN, MA, JD,Diana Ballard, JD, MBA, RN
Publisher: Springer Publishing Company
This book is written for users of mediation, whether they be a party, an advisor or an expert. It should also be of help to commercial mediators who have no specialism in construction. Its aim is to encourage confidence in the mediation process and to ensure that those who do use mediation to resolve their disputes do so effectively and so are able to maximise the opportunities that mediation offers.
Author: David Richbell
Publisher: John Wiley & Sons
Category: Technology & Engineering
Kovach's Mediation: Principles and Practice, Third Edition provides a comprehensive and thorough examination of the mediation process. This text surveys both the evolving theory and law which guide the contemporary use of mediation. Areas of recent development in mediation procedures are explored, along with relevant case law. Additional matters examined include issues surrounding confidentiality, enforceability of the agreement, participation of the parties and representatives, and the role of courts in referral and supervision. The role of the mediator, including ethics and qualifications are also explored in detail. This book also serves as a basis for the learning of mediation skills, whether in a clinical or classroom context. This new edition has an expanded examination of mediator skills, including considerations of factors such as psychological aspects in mediation and the impact of gender and culture on the process. The text is also available as a reference fo
Principles and Practice
Author: Kimberlee K. Kovach
Publisher: West Academic Publishing
What can a mediator do when negotiations stall? How can a mediator help participants reach the finish line? How should a mediator best respond when the parties confess that they are too far apart to settle? Is there anything a mediator can do to help the high-conflict litigant achieve resolution of his emotional case?
50 Essential Tools for the Advanced Practitioner
Author: Lynn Duryee,Matt White
In the United Kingdom, adjudication is available as a right for parties to a construction contract, following the enactment of the Housing Grants Construction and Regeneration Act 1996. In general, within a comparatively short period of time, parties in dispute will have a decision from an adjudicator, which, except in limited circumstances, the courts will enforce. Adjudication has become the number one method of dispute resolution in the construction industry. The short timescale means that a party needs to know what to do, when to do it and be able to check that the other party and the adjudicator are following the right steps. A Practical Guide to Construction Adjudication gives parties the necessary information to achieve this. It provides a straightforward overview of the process and procedure of adjudication by reference to legislation and case law, augmented with practical guidance including suggestions on what to do or not to do, drafting tips and checklists. Separate chapters for Scotland and Northern Ireland identify and explain the differences in procedure and judicial interpretation between those jurisdictions and England and Wales, and further detailed explanations of the adjudication regimes in Australia, Ireland, Malaysia, New Zealand and Singapore are included. Each of the chapters on jurisdictions outside England and Wales has been written by senior experts in those jurisdictions to ensure the content is accurate and insightful. There are a range of helpful appendices including a bank of model form adjudication documents and tabulated detailed comparisons of the Scheme for Construction Contracts, the other major adjudication rules, the major adjudicator nominating bodies and the UK and international regimes. Readers will particularly appreciate the most comprehensive index of adjudication cases available, sorted into 260 subject headings providing immediate access to all the reported cases on any adjudication topic.
Author: James Pickavance
Publisher: John Wiley & Sons
Improving access to justice has been an ongoing process, and on-demand justice should be a natural part of our increasingly on-demand society. What can we do for example when Facebook blocks our account, we're harassed on Twitter, discover that our credit report contains errors, or receive a negative review on Airbnb? How do we effectively resolve these and other such issues? Digital Justice introduces the reader to new technological tools to resolve and prevent disputes bringing dispute resolution to cyberspace, where those who would never look to a court for assistance can find help for instance via a smartphone. The authors focus particular attention on five areas that have seen great innovation as well as large volumes of disputes: ecommerce, healthcare, social media, labor, and the courts. As conflicts escalate with the increase in innovation, the authors emphasize the need for new dispute resolution processes and new ways to avoid disputes, something that has been ignored by those seeking to improve access to justice in the past.
Technology and the Internet of Disputes
Author: Ethan Katsh,Orna Rabinovich-Einy
Publisher: Oxford University Press
The key text on problem-solving negotiation-updated and revised Since its original publication nearly thirty years ago, Getting to Yes has helped millions of people learn a better way to negotiate. One of the primary business texts of the modern era, it is based on the work of the Harvard Negotiation Project, a group that deals with all levels of negotiation and conflict resolution. Getting to Yes offers a proven, step-by-step strategy for coming to mutually acceptable agreements in every sort of conflict. Thoroughly updated and revised, it offers readers a straight- forward, universally applicable method for negotiating personal and professional disputes without getting angry-or getting taken. From the Trade Paperback edition.
Negotiating Agreement Without Giving In
Author: Roger Fisher,William L. Ury,Bruce Patton
Category: Business & Economics
Author: John Lachs
Publisher: Hackett Publishing
This book is your roadmap thorugh the complex maze of family law courts which are mom-biased. Discover over 100 strategies and tactics that have won custody for other fathers. Improve Conduct in Mediation Deal with a Difficult Judge Execute Winning Strategies Use Court Time Wisely Master Skills of Testifying Use Linguistic Techniques Counter Mom's Dirty Tricks Handle Setbacks & Adversity
A Practical Guide Through the Combat Zone of a Brutal Custody Battle
Author: Michael Brennan,Carleen Brennan
Category: Custody of children
Highly respected ADR authors Michael Moffitt and Andrea K. Schneider bring their considerable experience and expertise to the proven-effective Examples & Explanations Series pedagogy. Mirroring how many ADR courses are taught, Dispute Resolution combines introductions to theory with practical exercises in decision analysis, problem solving, and various forms of conflict resolution. The timely Second Edition sees an expanded treatment of the ethics, confidentiality, and participation requirements in mediation. Coverage of arbitration has been thoroughly updated. Many examples have been refreshed and revised. An ideal study guide for Mediation, Arbitration, or the survey ADR course, Dispute Resolution features: clear, readable, up-to-date introductions to legal theory and doctrine , such as The Law of Fraud The Uniform Mediation Act The Model Standards of Conduct for Mediators The Federal Arbitration Act The Revised Uniform Arbitration Act a logical organization that traces the coverage of most survey courses on Dispute Resolution liberal use of visual aids, such as diagrams, charts, and conceptual illustrations cites and references to principle cases used in most of the leading casebooks New in the Second Edition expanded coverage of mediation that includes developments in ethics, confidentiality, and participation requirements updated treatment of arbitration that includes new U.S. Supreme Court opinions, state and federal legislative changes, and common contractual modifications
Examples & Explanations
Author: Michael L. Moffitt,Andrea Kupfer Schneider
Publisher: Aspen Publishers
Stories filled with wonder and the haunting beauty of his culture have helped make Rudolfo Anaya the father of Chicano literature in English, and his tales fairly shimmer with the lyric richness of his prose. Acclaimed in both Spanish and English, Anaya is perhaps best loved for his classic bestseller ... Antonio Marez is six years old when Ultima comes to stay with his family in New Mexico. She is a curandera, one who cures with herbs and magic. Under her wise wing, Tony will test the bonds that tie him to his people, and discover himself in the pagan past, in his father's wisdom, and in his mother's Catholicism. And at each life turn there is Ultima, who delivered Tony into the world-and will nurture the birth of his soul. (68,000 words)
Author: Rudolfo Anaya
Publisher: Grand Central Publishing