Humor in Negotiations and ADR

Humor in Negotiations and ADR
Author: John Barkai
Publisher:
Total Pages: 156
Release: 2020-09-16
Genre:
ISBN: 9781798893333

This book contains over 500 "winning" captions for more than 50 cartoons used in cartoon captioning contests that were created and published from 1997 to 2011 in the American Bar Association's Dispute Resolution Magazine, a quarterly publication of the ABA's Section on Dispute Resolution. John Barkai, a law professor at the University of Hawaii School of Law, ran and was the editor of the cartoon captioning contest that appeared in that ABA magazine in a section called "The Lighter Side." He self-published this book at cost (taking no profit) mainly to get the cartoons and captions into the hands of ADR teachers and trainers for their classes and to entertain anyone interested in a humorous look at dispute resolution. Many of the captions use specific ADR terms and jargon which you will never find attached to any other legal cartoons. If you like this set of cartoons and captions, you might like another of Barkai's Amazon books to be released later this year called Humor in Trial Evidence: Cartoon Contest Caption Winners and Challenges from My Evidence Class. That book contains over 50 cartoons and 700 original captions on topics related to trials and evidence issues. Words and phrases included in the captions in this book are: negotiation, arbitration, mediation, caucus, ADR, Med-Arb, litigation, Getting To Yes, Separate the People from the Problem, positions, interests, BATNA, WATNA, CATNA, ODR, Getting Past No, Go to the Balcony, Myers Briggs Type Indicator-MBTI, New York Convention, UMA, (Uniform Mediation Act), , ABA ADR Section Conference, active listening, ADR class, ADR training, agreement, apologize, appeal, arbitrators - odd number of, Barkai chorus, BDR (Bottle DR), big picture, binding agreement, blow off steam, bone of contention, bottom line, Boulwarism, Bozo the clown, brainstorm, bury differences, choice of mediator, clown, collaborative, co-mediator, common goal/common ground, common interests, communication, compromise, concede, confidentiality, counteroffer, creative problem-solving, cross cultural, negotiating with the Japanese, default judgment, demands, discovery tools, distributional, divorce mediation, divorce, dual influences, emotion, ethical prohibition, evaluative, expand the pie, Exxon settlement, facilitative mediation, facilitative mediation, fees, feet to fire, final judgment, fishing expedition, full disclosure, gambits, gap, good faith, good-cop bad-cop tactic, ground rules, half-full, higher authority, hi-low agreement, Ho'oponopono, humor, icebreaker, immunity, impartial, impasse, informal, interest-based-negotiation, international arbitration, issue, Jan Ken Po, joint session, lawyer, pit bull, leverage, list of arbitrators, litigation risk, litigator/trial counsel , low-balling, make a good living, mandatory mediation, master's degree in conflict resolution, mediation - court ordered, mediation advocacy, mediation practice, mediation court ordered, mediator credentials, mediator selection, lawyer as mediator, meeting facilitation, meeting halfway, middle ground, mirroring, needs, negotiation class, neutral ground, neutrality, nonverbal communication, objective criteria, offer (final, first, first move, last), opening statement, over for dinner, panel of mediator, Pareto principle/Pareto frontier, perspective, Pepulator, point of view, positional bargaining, prevent conflict, problem solving, professional courtesy, professors, proposal, rapport, red herring, renegotiate, repeat player, revisit, ripe, risk, Riskin Grid, rock-paper-scissors, see you in court, settlement, shuttle diplomacy, Solomon, split down the middle, split the baby, split the difference, stew things over, strategy, students, super optimal solution, systems perspective, tactics, tactics-bluffing, taught ADR, tenure, think outside the box, threat, time pressure, Tit-For-Tat, transformational mediation, transformative mediation, trust, tunnel vision, Vanishing trial, walk the talk, win-win, and zero sum.

Model Rules of Professional Conduct

Model Rules of Professional Conduct
Author: American Bar Association. House of Delegates
Publisher: American Bar Association
Total Pages: 216
Release: 2007
Genre: Law
ISBN: 9781590318737

The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Skills and Values

Skills and Values
Author: John Burwell Garvey
Publisher:
Total Pages: 284
Release: 2021
Genre: Communication in law
ISBN: 9781531022921

"Skills & Values: Alternative Dispute Resolution is designed to give students both theory and practical application for the skills and values which come into play during the various forms of alternative dispute resolution, including negotiation, mediation, collaborative law and arbitration. It may be successfully used as a stand-alone course book or as a practical supplement to a standard text. Each chapter focuses on a different aspect of the dispute resolution process. The idea is to read the material and then test and develop knowledge through exercises and simulations"--

Getting to Yes

Getting to Yes
Author: Roger Fisher
Publisher: Houghton Mifflin Harcourt
Total Pages: 242
Release: 1991
Genre: Business & Economics
ISBN: 9780395631249

Describes a method of negotiation that isolates problems, focuses on interests, creates new options, and uses objective criteria to help two parties reach an agreement.

The Big Book of Conflict Resolution Games: Quick, Effective Activities to Improve Communication, Trust and Collaboration

The Big Book of Conflict Resolution Games: Quick, Effective Activities to Improve Communication, Trust and Collaboration
Author: Mary Scannell
Publisher: McGraw Hill Professional
Total Pages: 240
Release: 2010-05-28
Genre: Business & Economics
ISBN: 0071743669

Make workplace conflict resolution a game that EVERYBODY wins! Recent studies show that typical managers devote more than a quarter of their time to resolving coworker disputes. The Big Book of Conflict-Resolution Games offers a wealth of activities and exercises for groups of any size that let you manage your business (instead of managing personalities). Part of the acclaimed, bestselling Big Books series, this guide offers step-by-step directions and customizable tools that empower you to heal rifts arising from ineffective communication, cultural/personality clashes, and other specific problem areas—before they affect your organization's bottom line. Let The Big Book of Conflict-Resolution Games help you to: Build trust Foster morale Improve processes Overcome diversity issues And more Dozens of physical and verbal activities help create a safe environment for teams to explore several common forms of conflict—and their resolution. Inexpensive, easy-to-implement, and proved effective at Fortune 500 corporations and mom-and-pop businesses alike, the exercises in The Big Book of Conflict-Resolution Games delivers everything you need to make your workplace more efficient, effective, and engaged.

Trump: The Art of the Deal

Trump: The Art of the Deal
Author: Donald J. Trump
Publisher: Ballantine Books
Total Pages: 401
Release: 2009-12-23
Genre: Business & Economics
ISBN: 0307575330

President Donald J. Trump lays out his professional and personal worldview in this classic work—a firsthand account of the rise of America’s foremost deal-maker. “I like thinking big. I always have. To me it’s very simple: If you’re going to be thinking anyway, you might as well think big.”—Donald J. Trump Here is Trump in action—how he runs his organization and how he runs his life—as he meets the people he needs to meet, chats with family and friends, clashes with enemies, and challenges conventional thinking. But even a maverick plays by rules, and Trump has formulated time-tested guidelines for success. He isolates the common elements in his greatest accomplishments; he shatters myths; he names names, spells out the zeros, and fully reveals the deal-maker’s art. And throughout, Trump talks—really talks—about how he does it. Trump: The Art of the Deal is an unguarded look at the mind of a brilliant entrepreneur—the ultimate read for anyone interested in the man behind the spotlight. Praise for Trump: The Art of the Deal “Trump makes one believe for a moment in the American dream again.”—The New York Times “Donald Trump is a deal maker. He is a deal maker the way lions are carnivores and water is wet.”—Chicago Tribune “Fascinating . . . wholly absorbing . . . conveys Trump’s larger-than-life demeanor so vibrantly that the reader’s attention is instantly and fully claimed.”—Boston Herald “A chatty, generous, chutzpa-filled autobiography.”—New York Post

Resolve

Resolve
Author: Hal Movius
Publisher:
Total Pages: 0
Release: 2024-06-11
Genre: Business & Economics
ISBN:

If you dread conflict, you're not alone. Research suggests that interpersonal conflict is the biggest daily stressor we face, and most of us go through life avoiding potential conflicts at work and at home, or giving in when we feel pressured. In Resolve, psychologist and negotiation expert Hal Movius shows you how you can handle life's negotiations more effectively and with less stress by developing three distinct types of confidence: Mastery: Confidence in your negotiation skills Awareness: Confidence in your reasoning Poise: Emotional confidence Drawing on decades of research in negotiation and psychology along with more recent advances in social neuroscience, this book delivers science-backed insight and effective tools to boost your confidence in all three critical areas, so you can be more effective in resolving conflicts, from spontaneous flare-ups at home to planned business negotiations. You'll learn: How to acquire genuine confidence, regardless of personality traits How to transform different types of conflicts into negotiations How to cope if you feel yourself becoming flustered in a dispute Whether you negotiate for a living or only in your personal life, Resolve is the only guide you need to get safely and comfortably to the other side of almost any dispute.

Teaching Negotiation

Teaching Negotiation
Author: Michael Wheeler
Publisher: Pon Books
Total Pages: 383
Release: 2000-01-01
Genre: Conflict management
ISBN: 9781880711170

The Singapore Convention on Mediation

The Singapore Convention on Mediation
Author: Nadja Alexander
Publisher: Kluwer Law International B.V.
Total Pages: 432
Release: 2022-08-11
Genre: Law
ISBN: 9403528230

The Singapore Convention on Mediation is just beginning its life as an international legal instrument. How is it likely to fare? In the second edition of this comprehensive, article-by-article commentary, the authors provide a robust report on the features of the Convention and their implications, with an analysis of potential controversies and authoritative clarifications of particular provisions. The book’s meticulous examination considers these issues and topics: international mediated settlement agreements as a new type of legal instrument in international law; types of settlement agreements that fall within the scope of the Convention; how the Convention’s enforcement mechanism works; the meaning of ‘international’ and the absence of a seat of mediation; the Convention’s approach to recognition and enforcement of international mediated settlement agreements; the grounds for refusal to grant relief under the Convention; mediator misconduct as a ground for refusal to grant relief; the role of confidentiality in granting relief for international mediated settlement agreements; the impact of the Convention on private international law; the relationship of the Singapore Convention to other international instruments such as the UN Model Law on International Commercial Mediation and the New York Convention on Arbitration; possibilities for Contracting States to declare reservations; court decisions from around the globe on the recognition and enforceability of international mediated settlement agreements; and domestic mediation legislation including domestic laws that implement the Singapore Convention. This book takes a giant step towards relieving the inherent uncertainty associated with how this newly constituted instrument may operate, and how States may become ‘Convention ready’. It is an essential reference for international lawyers, mediators and government officials as the Convention proves itself in the coming years.

Essays on Mediation

Essays on Mediation
Author: Ian Macduff
Publisher: Kluwer Law International B.V.
Total Pages: 319
Release: 2016-09-16
Genre: Law
ISBN: 9041183671

Across a range of jurisdictions, in differing legal systems, mediation is achieving evergreater institutional and statutory force, and what not long ago was a marginal technique for dispute resolution is becoming mainstream and orthodox. But how firm a sense do we have about the social formation we call ‘mediation’? Through reflections and case histories, this distinctive collection of essays by experienced mediators from across the globe provides a clearer understanding than we have had heretofore of what mediation is and what it can offer as a practical, accessible and positive alternative in civil justice systems. The authors each address ways mediation has been or can be applied to dispute resolution in such pressing contexts as the following: • enduring and intense conflicts; • planning and environmental issues; • conflicts arising between refugee and ‘host’ communities; • elder care; • intercultural settings; • online communication; • science-based disputes; and • public policy disputes. The questions raised as to access to justice, identifying unmet needs, improving the provision of services, and fostering an ongoing conversation on mediation go well beyond the confines of commercial dispute resolution and the walls of courtrooms. Through the practical experiences described, useful and insightful perspectives emerge on the practice, principles and legitimacy of mediation. These invaluable reports and reflections on the powerful resources that mediation and mediators can bring to the table will be welcomed by a diversity of legal practitioners and jurists as well as academics.