Appellate Mediation

Appellate Mediation PDF

Author: Brendon Ishikawa

Publisher: American Bar Association

Published: 2016

Total Pages: 332

ISBN-13: 9781634253482

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This book on appellate mediation serves as a guide for every appellate judge, lawyer, mediator, professor or student engaged in the practice or study of appellate law.

Lawyers and Mediation

Lawyers and Mediation PDF

Author: Bryan Clark

Publisher: Springer Science & Business Media

Published: 2012-05-24

Total Pages: 211

ISBN-13: 3642234747

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This book charts the historical and current interaction between lawyers and mediation in both the common law and civil law world and analyses a number of issues relevant to lawyers’ part in the process. Lawyers have in the past and continue to play many roles in the context of mediation. While some are champions for the process, many remain on the fringes and apathetic, while others are openly sceptical or even anti-mediation in their stance. Yet others may have embraced mediation but, it is argued, for cynical, disingenuous reasons. By reviewing existing empirical evidence on lawyers’ interactions with mediation and by examining historical and current trends in lawyers’ dalliance with mediation, this book seeks to shed new light on a number of related issues, including: lawyers’ resistance to mediation; lawyers’ motives for involvement with mediation; the appropriateness of lawyers acting as mediators and party representatives; and the impact that both lawyers and the increasing institutionalisation of mediation have had on the normative form of the process, as well as the impact that mediation experience heralds for lawyers and legal systems in general.

Mediate, Don't Litigate

Mediate, Don't Litigate PDF

Author: Peter Lovenheim

Publisher: NOLO

Published: 2004

Total Pages: 464

ISBN-13: 1413300308

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Presents an explanation of the mediation process, including choosing a mediator, preparing a case, negotiating, and writing a binding agreement.

Mediating Legal Disputes

Mediating Legal Disputes PDF

Author: Dwight Golann

Publisher:

Published: 2022-06

Total Pages: 370

ISBN-13: 9781641059138

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"This book explains how to mediate legal disputes-cases serious enough for parties to hire lawyers to represent them-and describes the techniques you can use to resolve them"--

Perceptions in Litigation and Mediation

Perceptions in Litigation and Mediation PDF

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.

Mediating Legal Disputes

Mediating Legal Disputes PDF

Author: Dwight Golann

Publisher: Aspen Publishers

Published: 1996

Total Pages: 596

ISBN-13:

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For an in-depth discussion of all the issues that a mediator or advocate needs to become an expert on the process, turn to Dwight Golanns award-winning MEDIATING LEGAL DISPUTES. Recognized by the CPR Institute for Dispute Resolution For The best book published in the field of dispute resolution, MEDIATING LEGAL DISPUTES is the only mediation resource youll need. The author discusses not only the very real psychological dimensions of disputing, but also grapples with tough techniques like decision analysis and evaluation to deal with real disputes over who will win in court. This valuable reference offers unique and powerful mediation methods that: Minimize the impact of spin tactics, private agendas, and hard-line bargaining strategies Calculate the cost of litigation alternatives as part of the mediation strategy Overcome hidden obstacles to settlement, such as emotional/psychological sticking points Apply sophisticated techniques (such as on-the-spot laptop computer programs) to analyze risk and break negotiating impasses Meet the challenges posed by specialized disputes such as employment and environmental cases Youll also learn mediation techniques for reducing friction, counteracting 'bad blood,' and guiding your case to satisfactory resolution.

Mediation

Mediation PDF

Author: John R. Van Winkle

Publisher: American Bar Association

Published: 2001

Total Pages: 150

ISBN-13:

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Readers will find this book irresistible if they are interested in improving the lives of lawyers and the legal profession.

Divorce Without Court

Divorce Without Court PDF

Author: Katherine Stoner

Publisher: Nolo

Published: 2021-05-25

Total Pages: 480

ISBN-13: 1413328709

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Can you really have a civilized divorce without an expensive and stressful court battle? Ending a marriage is always difficult, but it doesn’t need to be fraught with financial or emotional conflict. This book guides you through a negotiated divorce, using alternatives to court, such as divorce mediation or a new approach called, "collaborative divorce."

Mediation

Mediation PDF

Author: Carrie J. Menkel-Meadow

Publisher: Aspen Publishing

Published: 2020-02-02

Total Pages: 668

ISBN-13: 1543820972

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Mediation: Practice, Policy, and Ethics provides a comprehensive and current introduction to the world of mediation, including an overview of conflict, perspectives on justice, and dispute resolution processes to handle disputes in a variety of contexts. The book has chapters on negotiation theory and practice, as well as law and policy, case examples, and practice guidelines for mediators and attorney representatives. Leading scholars and award-winning teachers in the field present descriptions of the various forms mediation takes and mediation’s place in the panoply of dispute resolution processes. Both critiques of mediation and descriptions of its promise and potential are included. Chapters on advising clients on process choice, dispute process design, international and complex mediation, facilitation, and hybrid processes are also offered. The practical, problem-solving approach includes both analytical and behavioral approaches in varying gender, race, and cultural contexts. The text can be used for lawyer-mediators, lawyer-representatives in mediation, and non-lawyer mediators. New to the Third Edition: Streamlined text designed to be more student-friendly New updates to time-tested problems and cases have to keep the book up-to-date Professors and students will benefit from: Comprehensive current coverage of mediation including: Law and policy, case examples, and practice guidelines for mediators and attorney representatives Authors that are leading and award-winning scholars, teachers, and practitioners in this area Clear presentation of the advantages of mediation as well as critiques and concerns A practical, problem-solving approach that includes: Both analytical and behavioral approaches Varying gender, race, and cultural contexts Key excerpts from some of the most renowned scholars in the field Text that is applicable across the field of mediation with coverage of: Lawyer-mediators Lawyer-representatives in mediation Non-lawyer mediators