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Materials cover alternative processes for preventing and resolving disputes. Discusses what is appropriate and the roles of lawyers. Includes chapters on interviewing and counseling, negotiation, mediation, arbitration, mixed processes, and choosing and building a dispute resolution process.
Underpinned by a hybrid methodology (ranging from social sciences to human sciences), this book parses mediation in four perspectives, which stands as an unparalleled methodological approach so far. Mediation has long been tethered to piecemeal and haphazard approaches, which have flatly failed to capture the gist of the uniqueness of this (often) poorly latched on (and poorly understood) dispute resolution mechanism. This book argues that, in order to fully grasp the richness of such dispute resolution mechanism, mediation must be parsed in four tiers. The first tier is the social dynamics of mediation. The second tier is the cultural dynamics of mediation. The third tier is the legal dynam...
This 370 page meditation-a-day book is designed to help lawyers recover their spiritual strength in their hectic world. Each daily entry appears on a single page and includes an introductory quotation, followed by a refection inspired by that quotation. Themes found in the book include overcoming fear, personal beliefs and values, maintaining integrity, personally defining success, dealing with difficult people, and common workplace challenges.
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Traditional ideas of mediator neutrality and impartiality have come under increasing attack in recent decades. There is, however, a lack of consensus on what should replace them. Mediation Ethics offers a response to this question, developing a new theory of mediation that emphasises its nature as a relational process.
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 confl...
Breakthrough Business Negotiation is a definitive guide to negotiating in any business situation. This smart and practical book by Michael Watkins, a leading expert in negotiation at Harvard Business School, presents principles that apply to any negotiation situation and tools to achieve breakthrough results. Step by step, Breakthrough Business Negotiation demonstrates how to diagnose a situation, build coalitions, manage internal decision making, persuade others, organize a deal cycle, and create strategic alliances. Watkins also explains how to prevent disputes from poisoning deals.