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Books : Nonfiction : Law : Procedures & Litigation : Arbitration, Negotiation & Mediation
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Rohwer and Skrocki's Contracts in a Nutshell is a succinct summary of the fundamentals of contracts. Contains expert coverage on forming contracts, restitution, statute of frauds, contract interpretation, and modification. Also discusses remedies, performance, and third-party beneficiaries.
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This book provides a detailed overview of mediation, from the premediation conference through all stages of the mediation session. It guides the new mediator through the mediation process by answering the one hundred questions most frequently asked by new mediators. The book has been used successfully for self-instruction and as a training manual. Experienced mediators and attorneys who represent clients in mediation will also find this book extremely useful. The Appendix 'Everything You Never Wanted to Know About the Rules of Evidence' is especially valuable for the non-attorney mediator, who must often deal with the evidentiary vocabulary of the legal profession. You will learn to establish your authority as a mediator, schedule the mediation session, deliver the mediator's opening statement, prioritise issues, preside during joint sessions, conduct private caucuses, overcome impasses, identify 'hidden agenda' and 'throwaway' items, deal with parties who lack settlement authority, and aid parties to achieve a viable settlement.
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The field of mediation has expanded dramatically since Friends Conflict Resolution Programs published the original Mediators Handbook in 1982, the first "how-to" mediation manual available to the public. Since then, mediation has evolved from an alternative approach to conflict resolution for community activists to a process that has become part of our everyday landscape.
Continuously in print for fifteen years, The Mediator's Handbook provides a time-tested, flexible model for effective mediation in diverse environments and situations. Completely revised, the new edition provides a clear overview of mediation and conflict; a section that walks through each step in the mediation process; a large "Toolbox" section that details the skills and approaches used by professional mediators; and a final section that looks at informal mediation. Whether new to the art of mediation or an experienced professional, people working in corporations, government agencies, community organizations, schools, and any other situation where there is a need to build bridges between diverse perspectives will find The Mediators Handbook a valuable resource.
Jennifer E. Beer is the author of the original Mediator's Handbook and helped develop Friends Conflict Resolution Programs' well-known mediation training course. She is the founder of JB Intercultural Consulting. Eileen Stief created FCRP's mediation program and training course 20 years ago. She is now a partner in PennACCORD Associates, a firm specializing in dispute resolution and conflict management. She is co-author of FCRP's School Mediation Trainer's Manual. Friends Conflict Resolution Programs is a program of the Philadelphia Yearly Meeting of the Religious Society of Friends (Quakers) and is one of the longest-running mediation programs in the United States.
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A favorite among law students and professors alike, the Examples & Explanations series is ideal for studying, reviewing and testing your understanding through application of hypothetical examples. Authored by leading professors with extensive classroom experience, Examples & Explanations titles offer hypothetical questions in the subject area, complemented by detailed explanations that allow you to test your knowledge of the topic, and compare your own analysis.
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Peacemaking Circles are used in neighborhoods to provide support for those harmed by crime and to decide sentences for those who commit crime, in schools to create positive classroom climates and resolve behavior problems, in the workplace to deal with conflict, and in social services to develop more organic support systems for people struggling to get their lives together. The Circle process hinges on storytelling. It is hard work, but it is an effort bringing astonishing results around the country.
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The classic text on labor arbitration.Labor law and dispute resolution professionals have long considered this to be the standard text on labor arbitration. Written by specialists from the ABA Section of Labor and Employment Law's Committee on Alternative Dispute Resolution in Labor and Employment Law, this definitive resource benefits arbitrators, advocates, and scholars. The editors apply authoritative analysis of basic practice and procedure to integrate relevant laws and their impact on dispute resolution, collective bargaining, and related issues.
The Sixth Edition expands coverage to consider over one hundred new topics and updates the Fifth Edition with hundreds of recent arbitration awards and references to important judicial decisions, academic and professional commentary, administrative agency regulations and opinions, and federal and state legislation.
Due to the growing importance of public sector arbitration, separate chapters are devoted to federal labor arbitration issues, and state and local arbitration issues. The chapters on "Interpreting Contract Language" and "Evidence" have been thoroughly revised to reflect the trend of modern critical thought concerning issues such as ambiguity in contract interpretation, hearsay, and after-acquired evidence. Changing views on the availability of non-traditional remedies such as attorneys' fees and interest awards are reflected in a new chapter on "Remedies". And, because collective bargaining agreements increasingly incorporate federal and state statutory standards, the Sixth Edition contains an extended treatment of legislative regulations and judicial decisions that bear upon arbitration issues.
Extensive footnoting, a table of arbitrators, a complete table of arbitration awards, a table of cases, a table of statutory citations, and a helpful index will save you time finding vital information. In addition, topics in the chapters are identified by BNA's Labor Arbitration Reports Cumulative Digest Index (LA CDI) classification numbers, making it easier to do additional research in that reference service. (See related books, How ADR Works and Discipline and Discharge in Arbitration, both published by BNA Books.)
How Arbitration Works includes chapters on arbitration and its setting; legal status of arbitration in the private sector; scope of labor arbitration; the arbitration tribunal; grievances: prelude to arbitration; determining arbitrability; arbitration procedures and techniques; evidence; interpreting contract language; use of substantive rules of law; precedential value of arbitral awards; custom and past practice; management rights; seniority; discipline and discharge; safety and health; employee rights and benefits; remedies in arbitration; constitutional issues in public-sector arbitration; legal status of arbitration in the federal sector; issues in state and local government sector arbitration; and arbitration of interest disputes.
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The award-winning first edition of The Promise of Mediation, published ten years ago, is a landmark classic that changed the field's understanding of the theory and practice of conflict intervention. That volume first articulated the "transformative model" of mediation, which greatly humanized the vision of how the mediation process could help parties in conflict. In the past decade, the transformative model has proved itself and gained increasing acceptance. It is now being used in such diverse arenas as workplace, community, family, organizational, and public policy conflicts, among others.In this new edition, the authors draw on a decade of work in theory development, training, practice, research, and assessment to present a thoroughly revised and updated account of the transformative model of mediation and its practical application, including
- a compelling description of how the field has moved toward increasing acceptance of the transformative model
- a new and clearer presentation of the theory and practices of transformative mediation, with many concrete examples
- a new case study that provides a vivid picture of the model in practice, with a commentary full of new information about how to use it effectively
- clarifications of common misconceptions about the model
- a vision for the future that shows how the model can coexist with other approaches and where the "market" for transformative mediation is emerging
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Great poker players are master tacticians. Not only do they calculate odds with lightning speed and astonishing precision, but they also cunningly anticipate and manipulate the actions of their adversaries. In short, they boast skills that every lawyer can envy. This highly entertaining work might best be summed up as "better lawyering through poker." Steven Lubet shows exactly how the tactics of the poker table can be adapted to litigation, negotiation, and virtually every aspect of law practice. In a series of engaging and informative lessons, Lubet describes concepts like "betting for value," "slow playing," and "reverse bluffing," and explains how they can be used by lawyers to win their cases. The best card players, like the best lawyers, have a knack for getting their adversaries to react exactly as they want, and that talent separates the winners from the losers. Lawyers' Poker is an irresistible guide to successful lawyering and an enjoyable read for anyone with an interest in law. No poker knowledge required.
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The all-in-one guide that shows couples how to end a marriage, fairly and inexpensively.Can you really have a civilized divorce? Ending a marriage is always difficult, but it need not be defined by financial or emotional conflict. Avoid huge legal bills and jockeying lawyers while protecting your kids-- turn to Divorce Without Court for help.
The book guides you through a negotiated divorce, using divorce mediation or a new approach called "collaborative divorce." Encouraging and straightforward, Divorce Without Court explains:
*how mediation works *how collaborative divorce works *how to use either to end a marriage *how to maximize opportunities for settlement *how to get an agreement in writing *how to find and use advisors
Divorce Without Court provides the latest resources, contact information for state offices, national and regional organizations, and clear examples of what you can expect.
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With two of his leading colleagues, Roger Fisher, the world-renowned negotiator and coauthor of Getting to Yes, delivers a powerful new method for managing complex disputes of any kind--international, local, or personal. Originating in the Harvard Negotiation Project and successfully applied to some of the world's most intractable confrontations, these practical tools offer the most effective system yet for minimizing the duration and cost of conflict.
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Conflict is inevitable, in both deals and disputes. Yet when clients call in the lawyers to haggle over who gets how much of the pie, traditional hard-bargaining tactics can lead to ruin. Too often, deals blow up, cases don't settle, relationships fall apart, justice is delayed. Beyond Winning charts a way out of our current crisis of confidence in the legal system. It offers a fresh look at negotiation, aimed at helping lawyers turn disputes into deals, and deals into better deals, through practical, tough-minded problem-solving techniques.
In this step-by-step guide to conflict resolution, the authors describe the many obstacles that can derail a legal negotiation, both behind the bargaining table with one's own client and across the table with the other side. They offer clear, candid advice about ways lawyers can search for beneficial trades, enlarge the scope of interests, improve communication, minimize transaction costs, and leave both sides better off than before. But lawyers cannot do the job alone. People who hire lawyers must help change the game from conflict to collaboration. The entrepreneur structuring a joint venture, the plaintiff embroiled in a civil suit, the CEO negotiating an employment contract, the real estate developer concerned with environmental hazards, the parent considering a custody battle--clients who understand the pressures and incentives a lawyer faces can work more effectively within the legal system to promote their own best interests. Attorneys exhausted by the trench warfare of cases that drag on for years will find here a positive, proven approach to revitalizing their profession.
(20001102)
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This book outlines the principles behind the international law of foreign investment. The main focus is on the law governed by bilateral and multilateral investment treaties. The book traces the purpose, context and evolution of the clauses and provisions characteristic of contemporary investment treaties, and analyzes the case law interpreting the issues raised by standard clauses. Particular consideration is given to broad treaty-rules whose understanding in practice has mainly been shaped by their interpretation and application by international tribunals. In addition, the book introduces the dispute settlement mechanisms for enforcing investment law, outlining the operation of State vs. State and Investor vs. State arbitration.
Combining a systematic analytical study of the texts and principles underlying investment law with a jurisprudential analysis of the case law arising in international tribunals, this book offers an ideal introduction to the principles of international investment law and arbitration, for students or practitioners new to the field.
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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 awayGreenwood 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!
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Practicing Narrative Mediation provides mediation practitioners with practical narrative approaches that can be applied to a wide variety of conflict resolution situations. Written by John Winslade and Gerald Monk—leaders in the narrative therapy movement—the book contains suggestions and illustrative examples for applying the proven narrative technique when working with restorative conferencing and mediation in organizations, schools, health care, divorce cases, employer and employee problems, and civil and international conflicts. Practicing Narrative Mediation also explores the most recent research available on discursive positioning and exposes the influence of the moment-to-moment factors that are playing out in conflict situations. The authors include new concepts derived from narrative family work such as "absent but implicit," "double listening," and "outsider-witness practices."
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The chief purpose of this book is to expand your knowledge beyond the "one size fits all" litigation mentality and to help you appreciate alternative dispute resolution (ADR). This text facilitates an understanding of the wide variety of these procedures that can better suit clients' needs. Negotiation, mediation and arbitration, have been practiced for hundreds of years. They have achieved a new popularity today. The text provides the scope and highlights you need to excel in understanding this field. This will enable you to answer exam questions more quickly and accurately, and enhance your skills as an attorney.
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Edited by Andrea Kupfer Schneider and Christopher Honeyman and featuring 80 contributors, The Negotiator's Fieldbook is the most comprehensive book on negotiation available. And the concept that everybody negotiates is increasingly accepted as wisdom. A world in which small manufacturers find their customers and their suppliers on the far side of the globe, in which lifetime stability of employment has been replaced by successive negotiation for new jobs, and in which prenuptial agreements and mediated divorces flank a noticeable percentages of marriages, makes the fact of continuous negotiation more and more obvious. This book pulls together the relevant ideas on negotiation from law, psychology, business, economics, cultural studies and a dozen other fields to provide a context for successful negotiation.
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Based on a conference held at the University of Vienna by the International Law Association Committee on the Law of Foreign Investment on Standards of Investment Protection, this book examines the growing interest in substantive treatment standards as a result of the increase in investment arbitration proceedings, and focuses on the identification of a possible consensus of interpretation of these substantive treatment standards.
With contributors who are members of the ILA Committee, as well as renowned experts in the field of investment law from academia and practice, this collection examines the increased attention paid in recent years to substantive treatment standards as a result of the growing number of investment arbitration proceedings which have reached the merits stage. ICSID, NAFTA, UNCITRAL and other awards have helped to provide more specific meaning to the general standards of investment protection found in the majority of international investment instruments, in particular in bilateral investment treaties (BITs). It is thus crucial for a deeper understanding of the present law on the treatment of foreign investment to analyze this developing jurisprudence. This book will provide a first-hand road-map of current investment law and bring readers up to date concerning the most recent developments in the field.