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 ...
Bring a fresh approach to the bargaining table Tap the transformative potential of mediation and discover the full promise of the mediation process. In this insightful work, the authors present an alternative theoretical framework that affords a deeper understanding of conflict and mediation ---- one based on respect for personal strength and ...
This edition retains the great features that have always made it a dependable source for students: - provides thorough, systematic coverage, moving from overviews to critical analysis to application to evaluation and practice - includes a wealth of simulations (both classic and new) and questions throughout; simulations allow students to evaluate ...
Provides a time-tested, flexible model for effective mediation in diverse environments and situations. Completely revised, this new, expanded edition provides a clear overview of mediation and conflict; a large 'Toolbox' section that details the skills and approaches used by professional mediators; and a final section that looks at informal ...
Presents a short overview with some practical "do's" and "don'ts" for mediating in divorce, custody, and family problem situations. The text offers an outline on mediation and how to do it, and covers safety and other issues.
This extraordinary work brings powerful unifying analysis to the various ways of resolving an international business dispute. Its print components convert each theory into crystal-clear practical guidance, while its interactive electronic resources provide vivid simulation and documentary support down to the smallest detail. "Private Dispute ...
The image of the adversarial "client warrior" dominates historical notions of the lawyer. Indeed, a zealous commitment to client advocacy remains one of the core norms of the legal model. However, structural changes, both in the justice system and the legal profession itself - in particular the shift towards conflict resolution rather than ...
In family life, schools, law, the business world and domestic and international affairs, it is all too common for disputes to fester unresolved even when the parties are committed to a negotiated settlement. In this book, members and associates of the Stanford Center on Conflict and Negotiation address the complex issues that protract disputes and ...
This book contains examples of effective and ineffective trial techniques that are seldom, if ever, taught in law schools. These examples are real, not hypothetical, and have been compiled from the author's experiences as: [ A Navy JAG lawyer for three years; [ A trial lawyer in practice for thirty years; and [ A federal courtroom deputy for ...
"Mediating Divorce: A Step by Step Manual" is written for family law attorneys and therapists who need a comprehensive resource for facilitating the divorce mediation process. This invaluable package which includes a mediator's manual and two client workbooks provides a four step method for leading a successful divorce mediation. Written by ...
This book by Roger W. Shuy, the senior figure in forensic linguistics, is the first to explain in an accessible way the vital role that linguistic evidence and its proper analysis play in criminal investigations. Shuy provides compelling case studies of how language functions in investigations involving, among others, wired undercover operatives, ...
This book describes models and techniques to help mediators deal with the peculiar problems that arise in traditional bargaining. The following subjects are covered: the realities of negotiating about money; skills of the mediator; ethical standards in the mediation of civil litigation; and charting settlement conference proposals.
Labor law and dispute resolution professionals have long considered this to be the standard text on labor arbitration. Now kept up to date by specialists from the ABA Section of Labor & Employment Law's Committee on Alternative Dispute Resolution in Labor and Employment Law, this definitive resource continues to benefit arbitrators, advocates, and ...
For more than two decades, this volume has assisted parties, representatives, and decision makers by revealing the methods arbitrators use to solve the practical and procedural problems they encounter. Packed with information, the Third Edition guides you by documenting and analyzing arbitrators' pertinent rulings -- and by discussing the courts' ...
Arbitration Law in America: A Critical Assessment is a source of arguments and practical suggestions for changing the American arbitration process. The book argues that the 80 year-old Federal Arbitration Act badly needs major changes. The authors, who have previously written major articles on arbitration law and policy, here set out their own ...
Arbitration of overseas investment disputes is one of the fastest growing areas of international dispute resolution. The exponential growth of international investment in recent years has led to the signature of over two thousand Bilateral Investment Treaties (BITs) between foreign states, in addition to a wealth of multilateral treaties and other ...
Arbitration of Commercial Disputes is intended for anyone who is involved in the arbitral process. It provides a thorough and up-to-date analysis of both English and international arbitration law. The book initially deals with the principles of arbitration as examined from an international perspective. The authors identify fundamental principles ...
Grounded in interpretive theory and offering interdisciplinary insights from sociological, psychological, and gender studies, this book addresses the 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 ...
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