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.
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.
Advanced Practice Guide for Civil Litigation
Publisher: Ntl Inst for Trial Advocacy
Category: Civil procedure
Author: John W. Cooley,American Bar Association. Section of Dispute Resolution,Association for Conflict Resolution
Category: Creative thinking
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.
42 Rules for Mediating Disputes
Author: Mary Greenwood
For over twenty-five years, Author Mary Greenwood has been resolving disputes in her professional career as an Attorney, Mediator, Human Resources Director, Union Negotiator, and Labor Arbitrator. Her book how to Negotiate Like a Pro, Which has won six book awards, was based on her experience as a Union Negotiator, the sequel how to Mediate Like a Pro is based on her experience as a Mediator in over 7000 cases. Greenwood noticed that there were certain Rules or characteristics of the cases that settled that were not present in the cases that did not settle. Greenwood lists each Rule and Script and offers a concise explanation on how and when to use it in Mediation. How to Mediate Like a Pro presents strategles and practical tips for the Mediation process it will give you insight on how to deal with difficult parties how to break an impasse and how to close the deal. After you read this book, you will be able to Mediate Like A Pro.
Author: Desmond Ellis,Noreen Stuckless
Publisher: Sage Publications, Inc
Category: Family & Relationships
Conflicts associated with marital separation and divorce have, traditionally, been settled by lawyers through negotiations. Since 1980 in the United States, an increasing proportion of these conflicts have been settled or resolved through the process of marital-conflict mediation. Critics of mediation contend that the process fails to protect women from violent partners and that agreements neutralize the impact of gender-based power imbalances. Mediators argue that it is lawyers who are responsible for escalating conflict and that the legal process is costly and causes stressful delays in the separation process. The authors of this volume find that these arguments are ideologically driven and rarely supported by empirical
A Practical Approach
Author: Ann M. Dobmeyer
Publisher: Aspen Publishers
With a distinctly student-friendly voice, this new text provides a succinct overview of the interviewing and investigation process -- focusing on the key issues paralegals need to know in practice. the practical approach of the book uses realistic case scenarios to show interviewing and investigation skills in context, and draws from criminal as well as civil cases.The helpful pedagogy of the book includes:key termspractice tipsreview exercisesin-depth chapter exercisesglossary and bibliography.Users will also find:charts and exhibits throughout the book supplying them with the tools to help structure their interviews and investigations in practicecoverage of using the Internet to help in investigationextensive appendices which provide a variety of resources to help in the investigation and interviewing process, including a sample case investigation file; sample client letters; selective excerpts from the Federal Rules of Civil Procedures and the Federal Rules of Evidence.The text is divided into three major sections:Overview of Litigation Process, including rules of procedure, evidence and ethics discussed in the context of the interviewing and investigating processBasics of Interviewing, including how to ask questions, how to listen to determine whether questions are answered, how to diffuse the angry of hostile person, and how appearance and tone can influence the interview, and how to interview children and those form different cultures, as well as how to preserve information gathered through interviewsInvestigation Process, including how to plan and organize an investigation and complete sources for finding people and finding information
Category: Bar associations
A Practical Approach
Author: Gregory Tillett
Publisher: Oxford University Press, USA
Category: Social Science
Conflict resolution is of increasing interest at all levels of social and political interaction from the interpersonal to the international. Drawing on the author's extensive experience in counseling and mediation, this book provides a practical approach to conflict resolution. Gregory Tillett covers a wide range of areas including ethical, environmental, industrial, and neighborhood conflict and supports his methods with theory and case studies. This new edition features an emphasis on creative solutions to problem-solving and has been revised to reflect the needs of academics and professional counselors. It draws on the latest research and case histories.
Law, Policy, Practice
Author: Nancy H. Rogers,Sarah R. Cole,Craig A. McEwen
The Cutting-edge Approach to Family Law Practice
Author: Forrest S. Mosten
Publisher: Amer Bar Assn
Category: Business & Economics
Complete guide to using mediation in a family law practice.
Author: Yuval Noah Harari
Krone der Schöpfung? Vor 100 000 Jahren war der Homo sapiens noch ein unbedeutendes Tier, das unauffällig in einem abgelegenen Winkel des afrikanischen Kontinents lebte. Unsere Vorfahren teilten sich den Planeten mit mindestens fünf weiteren menschlichen Spezies, und die Rolle, die sie im Ökosystem spielten, war nicht größer als die von Gorillas, Libellen oder Quallen. Vor 70 000 Jahren dann vollzog sich ein mysteriöser und rascher Wandel mit dem Homo sapiens, und es war vor allem die Beschaffenheit seines Gehirns, die ihn zum Herren des Planeten und zum Schrecken des Ökosystems werden ließ. Bis heute hat sich diese Vorherrschaft stetig zugespitzt: Der Mensch hat die Fähigkeit zu schöpferischem und zu zerstörerischem Handeln wie kein anderes Lebewesen. Anschaulich, unterhaltsam und stellenweise hochkomisch zeichnet Yuval Harari die Geschichte des Menschen nach und zeigt alle großen, aber auch alle ambivalenten Momente unserer Menschwerdung.
Of the American Arbitration Association
Category: Arbitration (International law)
Category: Domestic relations
Author: American Arbitration Association
Publisher: Juris Publishing, Inc.
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 chapters on specific strategies and tools to help manage risks and avoid disputes in the construction field. It discusses ADR as it relates to subcontracting and labor disputes, the use of a neutral architect, the importance of site visits, and the significance of understanding ADR procedures before agreeing to them. The option of using mediation to resolve disputes is explored, including guidelines and tools for successful mediation, the expert’s role in construction mediation, and what works and what doesn’t work in construction disputes. The use of arbitration is also looked at in depth and guidance is provided for both the arbitrator and for the advocate. There is an entire section devoted to partnering (the creation of a working relationship between a building owner and a contractor which further involves subcontractors, design professionals, and other agencies), discussing its benefits and providing useful tips. Lastly, advice is provided for both small and complex construction claims, and the use of Dispute Review Boards (comprising panels of three technically qualified neutral individuals). The chapters were selected from an extensive body of writings and, in the main, represent world-class assessments of arbitration and ADR practice. All the major facets of the field are addressed and provide the reader with comprehensive and accurate information, lucid evaluations, and an indication of future developments. They not only acquaint, but also ground the reader in the field.
An Index to the Publishers' Trade List Annual
Category: American literature
A Practitioner's Guide
Author: Bernard Mayer
Category: Business & Economics
This empowering guide goes beyond observable techniques to offer a close look at the creative internal processes--both cognitive and psychological--that successful mediators and other conflict resolvers draw upon.