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Perceptions in Litigation and Mediation

Author: Tamara Relis

Publisher: Cambridge University Press

Published: 2009-01-12

Total Pages: 285

ISBN-13: 1139475770

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Offering interdisciplinary insights from sociological, psychological and gender studies, this book addresses this question: how do professional, lay and gendered actors understand and experience case processing in litigation and mediation? Drawing on data from 131 interviews, questionnaires and observations of plaintiffs, defendants, lawyers and mediators involved in 64 fatality and medical injury cases, the book challenges dominant understandings of how formal legal processes and dispute resolution work in practice as well as the notion that disputants and their representatives broadly understand and want the same things during case processing. In juxtaposing actors' discourse on all sides of ongoing cases on issues such as expectations, needs, comprehensions of what plaintiffs seek from the legal system, objectives for resolving conflict at mediation, and perceptions of what occurs during attempts at case resolution, the findings reveal inherent problems with the core workings of the legal system.

Book Synopsis Perceptions in Litigation and Mediation by : Tamara Relis

Download or read book Perceptions in Litigation and Mediation written by Tamara Relis and published by Cambridge University Press. This book was released on 2009-01-12 with total page 285 pages. Available in PDF, EPUB and Kindle. Book excerpt: Offering interdisciplinary insights from sociological, psychological and gender studies, this book addresses this question: how do professional, lay and gendered actors understand and experience case processing in litigation and mediation? Drawing on data from 131 interviews, questionnaires and observations of plaintiffs, defendants, lawyers and mediators involved in 64 fatality and medical injury cases, the book challenges dominant understandings of how formal legal processes and dispute resolution work in practice as well as the notion that disputants and their representatives broadly understand and want the same things during case processing. In juxtaposing actors' discourse on all sides of ongoing cases on issues such as expectations, needs, comprehensions of what plaintiffs seek from the legal system, objectives for resolving conflict at mediation, and perceptions of what occurs during attempts at case resolution, the findings reveal inherent problems with the core workings of the legal system.

Court Mediation Reform

Author: Shahla F. Ali

Publisher: Edward Elgar Publishing

Published: 2018-03-30

Total Pages: 296

ISBN-13: 1786435861

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As judiciaries advance, exploring how court mediation programs can provide opportunities for party-directed reconciliation whilst ensuring access to formal legal channels requires careful investigation. Court Mediation Reform explores comparative empirical findings in order to examine the association between court mediation structure and perceptions of justice, efficiency and confidence in courts.

Book Synopsis Court Mediation Reform by : Shahla F. Ali

Download or read book Court Mediation Reform written by Shahla F. Ali and published by Edward Elgar Publishing. This book was released on 2018-03-30 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: As judiciaries advance, exploring how court mediation programs can provide opportunities for party-directed reconciliation whilst ensuring access to formal legal channels requires careful investigation. Court Mediation Reform explores comparative empirical findings in order to examine the association between court mediation structure and perceptions of justice, efficiency and confidence in courts.

Perceptions in Litigation and Mediation

Author: Tamara Relis

Publisher: Cambridge University Press

Published: 2009-01-12

Total Pages: 305

ISBN-13: 0521517311

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This book compares the different perceptions of legal disputes during litigation and mediation processes. By examining case processing from the unique angle of juxtaposing all actors' understandings of the same issues in ongoing cases, the book provides a novel view of the diversity of lawyer-party realities. The findings reveal inherent problems with the core workings of the legal system.

Book Synopsis Perceptions in Litigation and Mediation by : Tamara Relis

Download or read book Perceptions in Litigation and Mediation written by Tamara Relis and published by Cambridge University Press. This book was released on 2009-01-12 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book compares the different perceptions of legal disputes during litigation and mediation processes. By examining case processing from the unique angle of juxtaposing all actors' understandings of the same issues in ongoing cases, the book provides a novel view of the diversity of lawyer-party realities. The findings reveal inherent problems with the core workings of the legal system.

The Psychology of Conflict

Author: Paul Randolph

Publisher: Bloomsbury Publishing

Published: 2016-02-25

Total Pages: 224

ISBN-13: 1472922999

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This practical guide, with a foreword by Nobel Laureate Archbishop Desmond Tutu, will assist those interested in conflict resolution to better understand the psychological processes of parties in conflict and mediation. As Randolph argues, psychology is increasingly perceived by lawyers as a vital tool for resolving conflicts in the litigation environment, whether in commercial, family, community or employment disputes. With an ever-growing demand for mediators across international borders, the psychologically-informed mediator can also provide much needed facilitation in global trade and peace negotiations, as well as being invaluable in helping to resolve a variety of political and international conflicts.

Book Synopsis The Psychology of Conflict by : Paul Randolph

Download or read book The Psychology of Conflict written by Paul Randolph and published by Bloomsbury Publishing. This book was released on 2016-02-25 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: This practical guide, with a foreword by Nobel Laureate Archbishop Desmond Tutu, will assist those interested in conflict resolution to better understand the psychological processes of parties in conflict and mediation. As Randolph argues, psychology is increasingly perceived by lawyers as a vital tool for resolving conflicts in the litigation environment, whether in commercial, family, community or employment disputes. With an ever-growing demand for mediators across international borders, the psychologically-informed mediator can also provide much needed facilitation in global trade and peace negotiations, as well as being invaluable in helping to resolve a variety of political and international conflicts.

Mediating Legal Disputes

Author: Dwight Golann

Publisher: American Bar Association

Published: 2009

Total Pages: 394

ISBN-13: 9781604423037

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This book combines theory with practical techniques for resolving difficult legal disputes, including: mediating effectively between hostile lawyers and parties; dealing with insulting first offers and reneging; predicting litigation outcomes without alienating disputants; effective impasse-breaking tips; and, for litigators, utilizing a mediator's special powers to achieve better outcomes for clients. Includes a DVD that demonstrates conducting an opening session, eliciting offers, delivering an evaluation, applying impasse tactics, and other essential skills.

Book Synopsis Mediating Legal Disputes by : Dwight Golann

Download or read book Mediating Legal Disputes written by Dwight Golann and published by American Bar Association. This book was released on 2009 with total page 394 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book combines theory with practical techniques for resolving difficult legal disputes, including: mediating effectively between hostile lawyers and parties; dealing with insulting first offers and reneging; predicting litigation outcomes without alienating disputants; effective impasse-breaking tips; and, for litigators, utilizing a mediator's special powers to achieve better outcomes for clients. Includes a DVD that demonstrates conducting an opening session, eliciting offers, delivering an evaluation, applying impasse tactics, and other essential skills.

The Handbook of Dispute Resolution

Author: Michael L. Moffitt

Publisher: John Wiley & Sons

Published: 2012-06-28

Total Pages: 580

ISBN-13: 1118429834

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This volume is an essential, cutting-edge reference for all practitioners, students, and teachers in the field of dispute resolution. Each chapter was written specifically for this collection and has never before been published. The contributors--drawn from a wide range of academic disciplines--contains many of the most prominent names in dispute resolution today, including Frank E. A. Sander, Carrie Menkel-Meadow, Bruce Patton, Lawrence Susskind, Ethan Katsh, Deborah Kolb, and Max Bazerman. The Handbook of Dispute Resolution contains the most current thinking about dispute resolution. It synthesizes more than thirty years of research into cogent, practitioner-focused chapters that assume no previous background in the field. At the same time, the book offers path-breaking research and theory that will interest those who have been immersed in the study or practice of dispute resolution for years. The Handbook also offers insights on how to understand disputants. It explores how personality factors, emotions, concerns about identity, relationship dynamics, and perceptions contribute to the escalation of disputes. The volume also explains some of the lessons available from viewing disputes through the lens of gender and cultural differences.

Book Synopsis The Handbook of Dispute Resolution by : Michael L. Moffitt

Download or read book The Handbook of Dispute Resolution written by Michael L. Moffitt and published by John Wiley & Sons. This book was released on 2012-06-28 with total page 580 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume is an essential, cutting-edge reference for all practitioners, students, and teachers in the field of dispute resolution. Each chapter was written specifically for this collection and has never before been published. The contributors--drawn from a wide range of academic disciplines--contains many of the most prominent names in dispute resolution today, including Frank E. A. Sander, Carrie Menkel-Meadow, Bruce Patton, Lawrence Susskind, Ethan Katsh, Deborah Kolb, and Max Bazerman. The Handbook of Dispute Resolution contains the most current thinking about dispute resolution. It synthesizes more than thirty years of research into cogent, practitioner-focused chapters that assume no previous background in the field. At the same time, the book offers path-breaking research and theory that will interest those who have been immersed in the study or practice of dispute resolution for years. The Handbook also offers insights on how to understand disputants. It explores how personality factors, emotions, concerns about identity, relationship dynamics, and perceptions contribute to the escalation of disputes. The volume also explains some of the lessons available from viewing disputes through the lens of gender and cultural differences.

Mediation

Author: Dwight Golann

Publisher:

Published: 2006

Total Pages: 504

ISBN-13:

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This exciting new coursebook is designed to teach students how to represent clients effectively in resolving disputes through mediation. Written by the authors of a successful comprehensive casebook on dispute resolution and leading texts on mediating legal disputes, this book: includes all of the mediation material in their RESOLVING DISPUTES text, plus selected materials from the negotiation and hybrid sections includes chapters on negotiation styles and techniques, including problem-solving, competitive, and other approaches to bargaining expands on specific issues, such as process techniques and emotional barriers presents new coverage of material not in the parent book, such as readings on public policy concerns and decision analysis is accompanied by a unique teaching DVD available free of charge to adopters. The 18-chapter, 120-minute DVD presents professional-quality video of mediation and negotiation created by the authors, As well as excerpts from leading mediation videos is accompanied by a thorough Teacheriquest;s Manual with detailed syllabi, teaching notes, discussion points, exercises, simulations, role-plays, and suggestions for movies and film clips. The Teacher's Manual shows how teachers can bring classes alive by coordinating text, role-plays, and DVD video of experts playing the students' roles MEDIATION: The Roles of Advocate and Neutral has a distinctly practical focus: the text integrates theory with skills and strategies, ethics, The law, and problems drawn from practice, with greater emphasis than other texts on issues that students will encounter in legal practice focuses on the lawyer's perspective as an agent for clients includes examples from headline cases, literature, and practice draws on the authors' roles as leading ADR teachers, trainers, and practitioners of mediation in the United States and internationally

Book Synopsis Mediation by : Dwight Golann

Download or read book Mediation written by Dwight Golann and published by . This book was released on 2006 with total page 504 pages. Available in PDF, EPUB and Kindle. Book excerpt: This exciting new coursebook is designed to teach students how to represent clients effectively in resolving disputes through mediation. Written by the authors of a successful comprehensive casebook on dispute resolution and leading texts on mediating legal disputes, this book: includes all of the mediation material in their RESOLVING DISPUTES text, plus selected materials from the negotiation and hybrid sections includes chapters on negotiation styles and techniques, including problem-solving, competitive, and other approaches to bargaining expands on specific issues, such as process techniques and emotional barriers presents new coverage of material not in the parent book, such as readings on public policy concerns and decision analysis is accompanied by a unique teaching DVD available free of charge to adopters. The 18-chapter, 120-minute DVD presents professional-quality video of mediation and negotiation created by the authors, As well as excerpts from leading mediation videos is accompanied by a thorough Teacheriquest;s Manual with detailed syllabi, teaching notes, discussion points, exercises, simulations, role-plays, and suggestions for movies and film clips. The Teacher's Manual shows how teachers can bring classes alive by coordinating text, role-plays, and DVD video of experts playing the students' roles MEDIATION: The Roles of Advocate and Neutral has a distinctly practical focus: the text integrates theory with skills and strategies, ethics, The law, and problems drawn from practice, with greater emphasis than other texts on issues that students will encounter in legal practice focuses on the lawyer's perspective as an agent for clients includes examples from headline cases, literature, and practice draws on the authors' roles as leading ADR teachers, trainers, and practitioners of mediation in the United States and internationally

International Organizations and the Promotion of Effective Dispute Resolution

Author:

Publisher: BRILL

Published: 2019-06-26

Total Pages: 260

ISBN-13: 9004407413

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This second volume of the AIIB Yearbook of International Law examines the role of international organizations in promoting effective dispute resolution. It is divided into five parts to reflect a series of overarching themes and relationships. Firstly, international arbitration’s effectiveness and affinity with multilateral institutions. Second, international organizations as proponents of the norms of dispute resolution. Third, the dispute resolution mandates of international organizations. Fourth, the role of dispute resolution and economic development. Together, this diversity of perspectives offers convincing evidence that effective dispute resolution is a precondition to successful economic development—and that international organizations have an essential role to play in promoting both. The fifth part presents the 2018 AIIB Law Lecture given by Georg Nolte, Chair of the International Law Commission, on the subject of ‘International Organizations in the Recent Work of the International Law Commission’ and the 2018 AIIB Legal Conference Report.

Book Synopsis International Organizations and the Promotion of Effective Dispute Resolution by :

Download or read book International Organizations and the Promotion of Effective Dispute Resolution written by and published by BRILL. This book was released on 2019-06-26 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: This second volume of the AIIB Yearbook of International Law examines the role of international organizations in promoting effective dispute resolution. It is divided into five parts to reflect a series of overarching themes and relationships. Firstly, international arbitration’s effectiveness and affinity with multilateral institutions. Second, international organizations as proponents of the norms of dispute resolution. Third, the dispute resolution mandates of international organizations. Fourth, the role of dispute resolution and economic development. Together, this diversity of perspectives offers convincing evidence that effective dispute resolution is a precondition to successful economic development—and that international organizations have an essential role to play in promoting both. The fifth part presents the 2018 AIIB Law Lecture given by Georg Nolte, Chair of the International Law Commission, on the subject of ‘International Organizations in the Recent Work of the International Law Commission’ and the 2018 AIIB Legal Conference Report.

Mediation Theory and Practice

Author: Suzanne McCorkle

Publisher: SAGE Publications

Published: 2018-03-23

Total Pages: 402

ISBN-13: 1506363520

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Mediation Theory and Practice, Third Edition introduces you to the process of mediation by using practical examples that show you how to better manage conflicts and resolve disputes. Authors Suzanne McCorkle and Melanie J. Reese help you to understand the research and theory that underlie mediation, as well as provide you with the foundational skills a mediator must possess in any context, including issue identification, setting the agenda for negotiation, problem solving, settlement, and closure. New to the Third Edition: Expanded content on the role of evaluative mediation reflects the latest changes to the alternative dispute resolution field, helping you to distinguish between various approaches to mediation. Additional discussions around careers in conflict management familiarize you with employment opportunities for mediators, standards of professional conduct, and professional mediator competencies. New activities and case studies throughout each chapter assist you in developing their mediation competency.

Book Synopsis Mediation Theory and Practice by : Suzanne McCorkle

Download or read book Mediation Theory and Practice written by Suzanne McCorkle and published by SAGE Publications. This book was released on 2018-03-23 with total page 402 pages. Available in PDF, EPUB and Kindle. Book excerpt: Mediation Theory and Practice, Third Edition introduces you to the process of mediation by using practical examples that show you how to better manage conflicts and resolve disputes. Authors Suzanne McCorkle and Melanie J. Reese help you to understand the research and theory that underlie mediation, as well as provide you with the foundational skills a mediator must possess in any context, including issue identification, setting the agenda for negotiation, problem solving, settlement, and closure. New to the Third Edition: Expanded content on the role of evaluative mediation reflects the latest changes to the alternative dispute resolution field, helping you to distinguish between various approaches to mediation. Additional discussions around careers in conflict management familiarize you with employment opportunities for mediators, standards of professional conduct, and professional mediator competencies. New activities and case studies throughout each chapter assist you in developing their mediation competency.

Alternatives to Litigation

Author: Andrea Doneff

Publisher: Aspen Publishing

Published: 2014-07-17

Total Pages: 294

ISBN-13: 160156337X

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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 Synopsis Alternatives to Litigation by : Andrea Doneff

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 294 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.