Author: G. Nicholas Herman,Jean M. Cary
This book provides a comprehensive descriptive and prescriptive treatment of legal counseling, interviewing, and negotiation (including mediation and plea-bargaining). As reflected in the title, the book takes "a practical approach" to these skills, so students can learn specifically how to engage in effective counseling and negotiating. The book also emphasizes pertinent ethical and legal considerations in connection with counseling clients and negotiating settlements. The authors discuss leading "theoretical approaches" to the extent those approaches can be meaningfully applied in practice. The overall effect is to emphasize that blend of theory, practice, ethics, and law that is most meaningful in the sense of having real-life application to effective client representation. The Appendices to the book provide numerous negotiation and mediation, including plea-bargaining, role-plays. This eBook features links to Lexis Advance for further legal research options.
A Psychological Insight Into Conflict Resolution
Author: Freddie Strasser,Paul Randolph
Publisher: A&C Black
This book is about conflict resolution through mediation, from a psychological perspective. Although written in part from the point of view of litigation, the objective is to demonstrate how an appreciation of the psychological aspects of conflict and an understanding of the emotional strategies people adopt in dispute situations can assist both lawyers and non-lawyers in resolving conflicts. The book consists of three sections- a theoretical analysis of conflict and conflict resolution; a practical, legal and experiential explanation of mediation; and thirdly a series of mock mediations, comprehensively analysed from the viewpoint of the mediator and the parties, providing tips and guidance on the dilemmas and pitfalls that mediators encounter. The book is based on three fundamental tenets: that conflict is ever present, and cannot be eliminated but can be worked with; that the attitude and stance of the mediator towards the dispute can be of significance to the outcome; and above all that the use of psychotherapeutic tools can facilitate a paradigm shift in the parties' approach to conflict. The authors demonstrate how the mediator can move parties in dispute from a position of intransigent adversity to a working alliance, and thereby achieve a 'good enough ' resolution.
Author: G. Nicholas Herman,Jean M. Cary
This book provides a practical approach to client interviewing, counseling, and decision-making. These are practical skills, not theoretical ones. Thus, the overall pedagogical approach taken by the text is to explain to students what to do and how to do it when engaging in interviewing, counseling, and decision-making with a client. This accords with the growing trend in law schools to de-emphasize heuristic theory in teaching practical skills and, instead, to teach those skills in simulated "real-life" contexts. Based on the guidance and techniques provided in the text, students will best learn the skills of interviewing and counseling by applying them in various role plays contained in the Teacher's Manual or through other role plays developed by their professor. Three other features of this book are worthy of mention: • The book is deliberately designed to be short -- to "get to the point," without unnecessary palaver. • The book provides an extensive discussion of the most pertinent provisions of the ABA Model Rules of Professional Conduct relating to client interviewing, counseling, and decision-making. • The book discusses interviewing witnesses and counseling in certain special contexts, including counseling about settlement, counseling through the writing of opinion letters, counseling the client as a deponent, and counseling the criminal defendant.
Author: G. Nicholas Herman
Publisher: Juris Publishing, Inc.
Plea Bargaining -- the only comprehensive, fully up-to-date reference on the subject -- teaches you how to negotiate the best deal. It discusses the nature, types and goals of plea bargaining, and treats in detail a wide variety of styles and strategies. Attorneys on both sides of the aisle know that effective plea bargaining is both an art and a science. You'll find extensive analysis of plea bargaining in the federal courts, the process of negotiating with the U.S. Attorney under the U.S. Sentencing Guidelines, as well as the plea policies of the Department of Justice contained in the United States Attorney’s Manual and the Principles of Federal Prosecution. Other pertinent standards and rules such as the ABA Standards for Criminal Justice, National District Attorneys Association Prosecution Standards and the ABA Model Rules of Professional Conduct are also discussed.
Author: Larry L. Teply
Publisher: West Academic
This publication is designed to help law students prepare for a variety of law school competitions. It focuses primarily on the client counseling, negotiation, and moot court competitions. It draws upon the advice of coaches and commentators as well as numerous theoretical and practical sources.
Models, Techniques, and Applications
Author: Jay Folberg,Ann Milne,Peter Salem
Publisher: Guilford Press
Building on the success of their groundbreaking 1988 Divorce Mediation, Folberg et al. now present the latest state-of-the-art, comprehensive resource on family and divorce mediation. Paving the way for the field to establish its own distinct discipline and academic tradition, this authoritative volume offers chapters contributed by leading mediation researchers, trainers, and practitioners. Detailed are the theory behind mediation practice, the contemporary social and political context, and practical issues involved in mediating divorce and custody disputes with contemporary families. Authors also address intriguing questions about professional standards and where the field should go from here. A groundbreaking resource, this volume is indispensable for all mental health and legal professionals working with families in transition.
Author: Bill Eddy
People with high conflict personalities (HCPs) clog our courts as plaintiffs with inappropriate claims against their personal "targets of blame," and as defendants who have harmed others and need to be stopped. Everybody knows someone with a High Conflict Personality. "How can he be so unreasonable?" "Why does she keep fighting? Can't she see how destructive she is?" "Can you believe they're going to court over ______?" Some HCPs are more difficult than others, but they tend to share a similar preoccupation with blame that drives them into one dispute after another—and keeps everyone perplexed about how to deal with them. Using case examples and an analysis of the general litigation and negotiation behaviors of HCPs, this book helps make sense of the fears that drive people to file lawsuits and complaints. It provides insight for containing their behavior while managing and/or resolving their disputes. Characteristics of the five "high-conflict" personality disorders are explored: Borderline Narcissistic Histrionic Paranoid Antisocial Bill Eddy is a lawyer, therapist, mediator, and President of the High Conflict Institute. He developed the "High Conflict Personality" theory and is an international expert on the subject. He is a Certified Family Law Specialist and Senior Family Mediator at the National Conflict Resolution Center. He has taught at the University of San Diego School of Law, is on the part-time faculty of the Straus Institute for Dispute Resolution at the Pepperdine University School of Law and the National Judicial College, and lectures at Monash University in Australia.
A Step-by-Step Manual
Author: Marilyn S. McKnight,Stephen K. Erickson
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. Written by Marilyn S. McKnight and Stephen K. Erickson, two widely known pioneers in the field of divorce mediation, this useful guide will show how to implement the techniques needed to be an effective divorce mediator. It includes helpful information for understanding and working through the emotions experienced by people going through a divorce.
Author: Victoria Pynchon
Publisher: John Wiley & Sons
To be an effective mediator, you need to learn and fine-tune a variety of special skills, from remaining calm and neutral, to breaking impasse, to marketing your business with diligence. This guide gives you everything you need to enter the exciting world of mediation.
Negotiating Agreement Without Giving In
Author: Roger Fisher,William L. Ury,Bruce Patton
Category: Business & Economics
The key text on problem-solving negotiation-updated and revised Since its original publication nearly thirty years ago, Getting to Yes has helped millions of people learn a better way to negotiate. One of the primary business texts of the modern era, it is based on the work of the Harvard Negotiation Project, a group that deals with all levels of negotiation and conflict resolution. Getting to Yes offers a proven, step-by-step strategy for coming to mutually acceptable agreements in every sort of conflict. Thoroughly updated and revised, it offers readers a straight- forward, universally applicable method for negotiating personal and professional disputes without getting angry-or getting taken. From the Trade Paperback edition.
How You Can Get Good Results for Clients and Make Money
Author: John Lande
Category: Attorney and client
Divorce, Child Custody, and Mediation
Author: Robert E. Emery
Publisher: Guilford Press
Long recognized as the authoritative guide for clinicians working with divorcing families, this book presents crucial concepts, strategies, and intervention techniques. Robert E. Emery describes how to help parents navigate the emotional and legal hurdles of this painful family transition while protecting their children's well-being. The book is grounded in cutting-edge research on family relationships, parenting, and children's adjustment, including Emery's groundbreaking longitudinal study of the impact of divorce mediation versus litigation. It provides a detailed treatment manual for mediating custody and other disputes, developing collaborative parenting plans, and fostering positive postdivorce family relationships. New to This Edition *Reflects the latest psychological research, as well as divorce and custody law. *Chapters on understanding and addressing divorcing partners' anger and grief. *Treatment manual chapters have been extensively revised. *Incorporates the author's 12-year follow-up study.
Theory and Applications
Author: Donald G. Gifford
Publisher: West Group
Provides for the first time a single text that describes competitive negotiation tactics and more collaborative approaches, such as problemsolving and cooperative tactics most likely to be effective in a given situation. For the professor teaching a Negotiation or Dispute Resolution course. Teaches law students practical techniques needed to negotiate more effectively. Sample dialogue illustrates specific negotiation tactics. The research of social scientists is discussed when their findings and theoretical models are directly relevant to the negotiating lawyer. Mediation, arbitration and other alternative dispute resolution techniques are described in a separate chapter that analyzes their impact on negotiation.
Loosening the Grip of Conflict
Author: John Winslade,Gerald D. Monk
Publisher: John Wiley & Sons
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."
Author: Michael T. Colatrella Jr.,Anthony P. Picchioni
This is an essential and comprehensive addition to the professional library of all mediators. It provides a thorough course of study of the mediation process, from convening the mediation to formalizing the settlement agreement. The book adopts an interdisciplinary approach to mediation, integrating knowledge and expertise from law, psychology, and sociology. Practical examples and case studies are used to illustrate the skills and techniques necessary to become an effective mediator. Bolstered with scientific research, the content of the book goes far beyond the scope of most other mediation books with its extensive consideration of the dynamics of interpersonal conflict and negotiation techniques that set high-quality mediators apart from the crowd. Additional helpful practical advice about cultivating a successful mediation practice is provided, including a survey of careers in mediation, tips on marketing, and appendices with useful forms and worksheets. All mediators and students of mediation will find sound and applicable guidance in this book, regardless of their experience level, background, education, or field of practice. This book answers the call for the systematic preparation of forward thinking mediation professionals who seek to be on the vanguard of this rapidly expanding and evolving field. Coverage includes: Ch. 1: Introduction to Learning Mediation Skills and Techniques Ch. 2: Establishing the Foundation: Introductions, Intake, Screening & Preparation Ch. 3: Maintaining a Favorable Climate Ch. 4: Managing the Mediation Process Ch. 5: Assisting the Communication Process Ch. 6: Managing Conflict from Crisis to Opportunity Ch. 7: Facilitating the Negotiations Ch. 8: Encouraging Settlement Ch. 9: Variations in the Mediation Process Ch. 10: Special Issues in Mediation Ch. 11: Avoiding Mediator Traps Ch. 12: Becoming a Mediator, Careers in Mediation, and Establishing a Private Mediation Practice
Advice for Lawyers on Counseling Clients through Bad News and Other Legal Realities
Author: Marjorie Corman Aaron
Publisher: Oxford University Press
Lawyers know that client counseling can be the most challenging part of legal practice. Clients question and often resist the complexities and uncertainties inherent in law and legal process. Honest advice from the lawyer can make a client doubt his or her allegiance and zeal. Client backlash may be directed at the lawyer who communicates bad news. Thus, the lawyer may feel torn between the obligation to clearly inform a client about weaknesses in legal positions and fear of damaging the client relationship. Too often, the lawyer struggles to counsel a particularly difficult client, but to no avail. Client Science is written to provide insight and advice to lawyers on how to more effectively communicate with their clients with regard to legal realities and difficult decisions. It will help lawyers with the always-difficult task of delivering "bad news," which will result in better-informed and thus more satisfied clients. The book explains applicable social science research and insights and translates them into plain language relevant to legal practice and client counseling. Marjorie Corman Aaron offers specific suggestions related to a lawyer's ordering, timing, phrasing, and type of explanation, as well as style adjustments for the lawyer's voice, gesture, and body position, all to impact client counseling and to improve the lawyer-client relationship.
An Insider's Guide to Exploring Careers in Mediation
Author: Peter Lovenheim
Category: Business & Economics
Most mediators feel that helping people end conflicts is special work, and, they're sustained by rewards beyond money, praise, or fame. But with no obvious career path and no prescribed courses to take or degrees to earn, how does one become a mediator? Whatever your background-whether in law, social work, teaching, psychology, business, homemaking, or parenting-you can become a mediator and find a satisfying career says Peter Lovenheim. Becoming a Mediator shows you how, offering a practical, nuts-and-bolts guide to breaking into the field and a no-nonsense approach to the reality of current professional opportunities. Drawing from the experiences of actual mediators, as well as from his own many years of work as an attorney and mediator, Lovenheim not only provides a vital resource but also conveys the sense of mission mediators feel for this emerging new profession.
Author: Suzanne McCorkle,Melanie J. Reese
Publisher: SAGE Publications
Category: Language Arts & Disciplines
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.
A Hopeful, Practical Approach to Dialogue
Author: David Anderson Hooker
Publisher: Skyhorse Publishing, Inc.
When conflicts become ingrained in communities, people lose hope. Dialogue is necessary but never sufficient, and often actions prove inadequate to produce substantial change. Even worse, chosen actions create more conflict because people have different lived experiences, priorities, and approaches to transformation. So what’s the story? In The Little Book of Transformative Community Conferencing, David Anderson Hooker offers a hopeful, accessible approach to dialogue that: Integrates several practice approaches including restorative justice, peacebuilding, and arts Creates welcoming, non-divisive spaces for dialogue Names and maps complex conflicts, such as racial tensions, religious divisions, environmental issues, and community development as it narrates simple stories Builds relationships and foundations for trust needed to support long-term community transformation projects And results in the crafting of hopeful, future-oriented visions of community that can transform relationships, resource allocation, and structures in service of communities’ preferred narratives. The Little Book Transformative Community Conferencing will prove valuable and timely to mediators, restorative justice practitioners, community organizers, as well as leaders of peacebuilding and change efforts. It presents an important, stand-alone process, an excellent addition to the study and practice of strategic peacebuilding, restorative justice, conflict transformation, trauma healing, and community organizing. This book recognizes the complexity of conflict, choosing long-term solutions over inadequate quick fixes. The Transformative Community Conferencing model emerges from the author’s thirty years of practice in contexts as diverse as South Sudan; Mississippi; Greensboro, North Carolina; Oakland, California; and Nassau, Bahamas.