Representing Clients in Mediation

Representing Clients in Mediation
Author: Spencer Punnett
Publisher: American Bar Association
Total Pages: 0
Release: 2013
Genre: Law
ISBN: 9781614387572

This comprehensive, 600-page book helps both experienced counsel and rookies advance their clients cause more effectively at every stage of the mediation process. A few more examples: . Creating a plan for movement in offers and counteroffers. Spotting the chance to arbitrage a deal point . Using zingers to create positional vulnerabilities for your opponent . Mediation prep and its potential for cementing client relationships . How miscommunication through numbers can cause lost opportunities . Perils of the fatigue factor . Breaking impasse the pros and pitfalls of mediators techniques Every chapter also includes a variety of "sidebars" standalone pieces ranging from instructive anecdotes to direct me-to-you advice on specific mediation topics. Some examples: Johnathan C. Bolton s Bad First Time . . . Why Jay Cohen Reads Tom s Mediation Brief First . . . What Maralee Eriksen Learned From Watching 40 Mediated Settlement Conferences . . . How Parties Can (Mis)communicate Through Numbers . . . and many more."

Mediation Representation

Mediation Representation
Author: Harold I. Abramson
Publisher: Ntl Inst for Trial Advocacy
Total Pages: 476
Release: 2004
Genre: Language Arts & Disciplines
ISBN: 9781556818219

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.

Advising and Representing Clients at Mediation

Advising and Representing Clients at Mediation
Author: Stephen Walker
Publisher: Wildy, Simmonds & Hill Publishing
Total Pages: 256
Release: 2019-10-31
Genre:
ISBN: 9780854902774

'Advising and Representing Clients at Mediation' is an invaluable guide for lawyers, surveyors and other professionals. It will assist at every stage of the mediation process from persuading the other party to mediate and preparing for and taking part in the mediation itself to advising clients on what to expect and how to conduct themselves at a mediation. The book also offers extensive checklists and precedents, practical advice from experienced mediators, and a clear explanation of the law as it currently stands. The book is fully updated with all the changes in the mediation sector including new relevant case law, the new approaches created by the Jackson reforms and the Jackson ADR Handbook, and the latest thinking on ADR processes and procedures. "Every now and then a book is published for legal representatives that goes beyond a mere analysis of the law and technical guidance, and makes the reader stop and think. This is one such publication. I wish I had read this book before I first represented clients as a solicitor at mediations. Now, as a commercial mediator, plenty in the book resonates with my own experiences. It is packed with real-life tips and examples. It will help a representative get the very best out of the mediation process for their client." The Law Society Gazette (from the review of the previous edition)

ADR in Business

ADR in Business
Author: Jean-Claude Goldsmith
Publisher: Kluwer Law International B.V.
Total Pages: 690
Release: 2011-01-01
Genre: Law
ISBN: 904113414X

Whether the and‘Aand’ stands for and‘appropriateand’, and‘amicableand’, or and‘alternativeand’, all out of court dispute resolution modes, collected under the banner term and‘ADRand’, aim to assist the business world in overcoming relational differences in a truly manageable way. The first edition of this book (2006) contributed to a global awareness that ADR is important in its own right, and not simply as a substitute for litigation or arbitration. Now, drawing on a wealth of new sources and developments, including the flourishing of hybrid forms of ADR, the subject matter has been largely augmented and expanded on two fronts: in-depth analysis (both descriptive and comparative) of methodology, expectations and outcomes and extended geographical coverage across all continents. As a result, in this book twenty-nine and‘intertwined but variegatedand’ essays (to use the editorand’s characterization) provide substantial insight in such specific topics as: ADRand’s flexible procedures as controlled by the parties; ADRand’s facilitation of the continuation of relations between the parties; privilege and confidentiality; involvement of non-legal professionals; the identity and the role of the and‘neutraland’ as well as the role of the arbitrator; the implementation of ICC and other international ADR rules; the workings of Dispute Boards and the role of ADR in securing investment and other specific objectives. In its compound thesis and– growing in relevance every day and– that numerous dispute resolution methods exist whose goals and developments are varied but fundamentally complementary, the multifaceted approach presented here is of immeasurable value to any business party, particularly at the international level. Practitioners faced with drafting a dispute resolution clause in a contract, or dealing with a dispute that has arisen, will find expert guidance here, and academics will expand their awareness of the issues raised by ADR, in particular as it relates to arbitration. A broad cross section of interested professionals will discover ample material for comparative study of how disputes are approached and resolved in numerous countries and cultures.

Mediation

Mediation
Author: Dwight Golann
Publisher: Aspen Publishing
Total Pages: 449
Release: 2021-09-14
Genre: Law
ISBN: 1543847412

The purchase of this ebook edition does not entitle you to receive access to the Connected eBook on CasebookConnect. You will need to purchase a new print book to get access to the full experience including: lifetime access to the online ebook with highlight, annotation, and search capabilities, plus an outline tool and other helpful resources. Mediation: The Roles of Advocate and Neutral, Fourth Edition, integrates mediation skills and strategies with theory, ethics, and practice applications to teach students about legal mediation and how to represent clients effectively in the process. This book reflects the experience of its authors, who are both professors and practicing legal mediators with decades of experience teaching and resolving cases. Itincludes all the coverage of mediation found in Resolving Disputes, the survey text, as well as material on negotiation and hybrid processes and additional coverage of mediation. Most important, this book has become a fully video-integrated text. As they read students are referred to 65 unique video excerpts, embedded in the text and instantly accessible, which show leading mediators applying specific techniques and strategies to overcome barriers to settlement. New to the Fourth Edition Video: Unique and diverse video excerpts, created expressly for this book and embedded in the text, featuring mediators from the U.S. and around the world. Virtual mediation: Analysis of the special aspects of mediating via Zoom, based on the experiences of professional mediators. Grief and loss: New material probing deeply into the psychology of loss and how it affects settlement decisions. ODR: New readings on online mediation. International: Perspectives and video of international practitioners, based on the authors’ experience training mediators on five continents. Professors and student will benefit from: Concise content that supports an active experiential class, without sacrificing the deeper knowledge expected in a law school course. An informal writing style that presents actual case examples, practical advice, and thought-provoking questions written for students who will soon become lawyers, representing clients in mediating disputes. A practice-based approach that helps students apply concepts, including realistic roleplays that facilitate classroom discussion. Examples of lawyers taking on roles as informal mediators, giving students models of how to apply mediative skills immediately in their practice.

Unbundled Legal Services

Unbundled Legal Services
Author: Forrest S. Mosten
Publisher: ABA Section of Family Law
Total Pages: 348
Release: 2017
Genre: Domestic relations
ISBN: 9781634259217

"Focusing on family law practitioners, [this book] is a particularly appropriate resource given the unique promise that unbundling holds for family law litigants. In many jurisdictions, self-representation rates are highest in family cases. But, as any family law attorney (or family court litigant) knows, these are the case types that arguably benefit most from attorney involvement. Family issues are among the most sensitive and pressing matters that enter our civil justice system, and the outcomes of these cases can affect entire families for years to come. This important new book provides a crucial step forward in matching individuals with the family law services they need." -- Publisher's website.

Anatomy of a Mediation

Anatomy of a Mediation
Author: James C. Freund
Publisher:
Total Pages: 0
Release: 2012
Genre: Dispute resolution (Law)
ISBN: 9781402418570

Hailed as a "one-on-one tutorial by a master of the art" (Former Chief Judge Judith S. Kaye), Anatomy of Mediation walks you step-by-step through author James C. Freund's distinctive "Neutral Negotiator" approach. A legendary attorney and mediator, James C. Freund has amassed his over two decades of experience and success in a single paperback volume to help you effectively mediate every dollar dispute imaginable starting with four expansive hypothetical situations.