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Author: Bryan Clark
Publisher: Springer Science & Business Media
ISBN: 3642234747
Category : Law
Languages : en
Pages : 211
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Book Description
This book charts the historical and current interaction between lawyers and mediation in both the common law and civil law world and analyses a number of issues relevant to lawyers’ part in the process. Lawyers have in the past and continue to play many roles in the context of mediation. While some are champions for the process, many remain on the fringes and apathetic, while others are openly sceptical or even anti-mediation in their stance. Yet others may have embraced mediation but, it is argued, for cynical, disingenuous reasons. By reviewing existing empirical evidence on lawyers’ interactions with mediation and by examining historical and current trends in lawyers’ dalliance with mediation, this book seeks to shed new light on a number of related issues, including: lawyers’ resistance to mediation; lawyers’ motives for involvement with mediation; the appropriateness of lawyers acting as mediators and party representatives; and the impact that both lawyers and the increasing institutionalisation of mediation have had on the normative form of the process, as well as the impact that mediation experience heralds for lawyers and legal systems in general.
Author: Bryan Clark
Publisher: Springer Science & Business Media
ISBN: 3642234747
Category : Law
Languages : en
Pages : 211
Get Book Here
Book Description
This book charts the historical and current interaction between lawyers and mediation in both the common law and civil law world and analyses a number of issues relevant to lawyers’ part in the process. Lawyers have in the past and continue to play many roles in the context of mediation. While some are champions for the process, many remain on the fringes and apathetic, while others are openly sceptical or even anti-mediation in their stance. Yet others may have embraced mediation but, it is argued, for cynical, disingenuous reasons. By reviewing existing empirical evidence on lawyers’ interactions with mediation and by examining historical and current trends in lawyers’ dalliance with mediation, this book seeks to shed new light on a number of related issues, including: lawyers’ resistance to mediation; lawyers’ motives for involvement with mediation; the appropriateness of lawyers acting as mediators and party representatives; and the impact that both lawyers and the increasing institutionalisation of mediation have had on the normative form of the process, as well as the impact that mediation experience heralds for lawyers and legal systems in general.
Author: Brendon Ishikawa
Publisher: American Bar Association
ISBN: 9781634253482
Category : Law
Languages : en
Pages : 332
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Book Description
This book on appellate mediation serves as a guide for every appellate judge, lawyer, mediator, professor or student engaged in the practice or study of appellate law.
Author: David A. Hoffman
Publisher:
ISBN: 9781575898070
Category : Attorney and client
Languages : en
Pages :
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Book Description
Author: Julie Macfarlane
Publisher: UBC Press
ISBN: 0774858192
Category : Law
Languages : en
Pages : 304
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Book Description
Today’s justice system and the legal profession have rendered the “lawyer-warrior” notion outdated, shifting toward conflict resolution rather than protracted litigation. The new lawyer’s skills go beyond court battles to encompass negotiation, mediation, collaborative practice, and restorative justice. In The New Lawyer, Julie Macfarlane explores the evolving role of practitioners, articulating legal and ethical complexities in a variety of contexts. The result is a thought-provoking exploration of the increasing impact of alternative strategies on the lawyer-client relationship, as well as on the legal system itself.
Author: Andrew Goodman
Publisher: Mediation Publishing
ISBN: 9781858116082
Category : Business & Economics
Languages : en
Pages : 0
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Book Description
Updated with Churchill, the Singapore Convention 2019, the impact of Brexit and the pandemic and other important developments in mind, this fourth edition of Andrew Goodman's original work on mediation advocacy remains essential reading. Practitioners already representing parties at mediation will want their updated bible. For those seeking to add value to their existing practice, the book will be invaluable. With forewords by the Rt Hon Lord Dyson and Irena Vanenkova, former executive director of the International Mediation Institute, and with appendices covering standard form mediation agreements, the SCMA Mediation Advocacy Standards and Competencies and the IMI's own practical tools for mediator selection and case management, this work is both an authoritative guide and a practical skills manual for newcomers to this area and experienced advocates alike. As the sector has developed, so this ground-breaking work has been expanded to cover recent authorities and new ideas and to take in the assistance practitioners can obtain from such organisations as SCMA and IMI who have endorsed the work.
Author: Forrest S. Mosten
Publisher: ABA Section of Family Law
ISBN: 9781634259217
Category : Domestic relations
Languages : en
Pages : 348
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Book Description
"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.
Author: Laurie Israel
Publisher: Integrity Registry Press, LLC
ISBN: 0999828711
Category : Law
Languages : en
Pages : 384
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Book Description
Author: David Spencer
Publisher: Cambridge University Press
ISBN: 1316582779
Category : Law
Languages : en
Pages : 546
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Book Description
Mediation Law and Practice gives a thorough account of the practice of mediation from the perspective of the student and practitioner. Divided into two parts, it deals with both the practice of mediation and the law surrounding mediation. Touching on the theory and philosophy behind the practice, it further describes in a theoretical and practical sense the difference between the emerging models of mediation. Mediator qualities are discussed in terms of issues of gender, culture and power. This book examines the important issue of mediation ethics and, taking into account the developing law surrounding the practice, proposes a code of ethics. It looks at the future of mediation in light of the decline in litigation, the rise in regulatory constraints on mediation and the popularity of online mediation. Mediation Law and Practice provides students and practitioners with the complete text on the practice and law surrounding mediation.
Author: Jay Folberg
Publisher: Guilford Press
ISBN: 9781593850029
Category : Psychology
Languages : en
Pages : 616
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Book Description
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: Kirk C. Stange
Publisher: Aspatore Books
ISBN: 9780314292049
Category : Law
Languages : en
Pages : 112
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Book Description
Written by an experienced attorney who frequently speaks on various family law topics, Prenuptial Agreements Line by Line is a comprehensive examination of the crucial components included in a sample prenuptial agreement for the family law practitioner, general practice attorney, paralegal, mediator, or law student. This book explains the reasoning behind different clauses in a prenuptial agreement, including those that address the division of marital and separate assets, consideration, spousal support, attorneys fees and costs, alternative dispute resolution, and confidentiality to help meet the specific needs of each client. The sample agreement contained in this book outlines a variety of options and alternatives in drafting a prenuptial agreement, including some ways spousal support can be addressed, how property and debt division might be tackled, as well as potential confidentiality issues and potential agreements on alternative dispute resolution. While this agreement is not designed to include every possible provision, it acts as a useful starting point for the drafting of an enforceable contract. Prenuptial Agreements Line by Line is a valuable resource for anyone who has ever helped draft or negotiate a prenuptial agreement.
