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Author: John Lande
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
This article is part of a symposium discussing the book, Stories Mediators Tell, edited by Eric Galton and Lela Love. The book consists of accounts of 31 actual mediations, followed by reflections of each mediator-author. Some of the chapters tell of extraordinary cases and others are more routine. The mediators' stories are full of parables not only for mediators but also for lawyers and other dispute resolution professionals. This article highlights three related lessons illustrated by the mediators' stories. First, parties often have important interests in addition to maximizing their financial results. Professionals who assume that cases are “only about the money” may not serve their clients as well as they should. A second, related, lesson is that it is very important for professionals to listen effectively. Many professionals listen poorly because of professional habits and assumptions that they need to know only legally-relevant facts, which are similar to facts in other cases that they have handled. This obviously can lead to missed opportunities to advance clients' interests and incompetent service. Third, the lawyer's role can help clients but can also interfere with good service. Lawyers provide valuable services by helping clients understand the legal system and diligently advocating their interests. Lawyers' roles as advocates can, however, undermine their work for their clients if they over-identify with their clients or develop personal antagonisms with the counterpart lawyers. Thinking like a lawyer can help lawyers solve clients' problems but also can blind lawyers to options satisfying their clients' interests. The lessons in this essay are familiar to dispute resolution professionals who have reflected on their work. Even so, these stories provide important insights that are worth repeating, especially because many lawyers and mediators feel pressures to routinize their work. With a continuing focus on providing high-quality service, dispute resolution professionals can be creative in satisfying clients' most important interests and gain great professional gratification. This short article may be a useful reading assignment for various law school courses.
Author: John Lande
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
This article is part of a symposium discussing the book, Stories Mediators Tell, edited by Eric Galton and Lela Love. The book consists of accounts of 31 actual mediations, followed by reflections of each mediator-author. Some of the chapters tell of extraordinary cases and others are more routine. The mediators' stories are full of parables not only for mediators but also for lawyers and other dispute resolution professionals. This article highlights three related lessons illustrated by the mediators' stories. First, parties often have important interests in addition to maximizing their financial results. Professionals who assume that cases are “only about the money” may not serve their clients as well as they should. A second, related, lesson is that it is very important for professionals to listen effectively. Many professionals listen poorly because of professional habits and assumptions that they need to know only legally-relevant facts, which are similar to facts in other cases that they have handled. This obviously can lead to missed opportunities to advance clients' interests and incompetent service. Third, the lawyer's role can help clients but can also interfere with good service. Lawyers provide valuable services by helping clients understand the legal system and diligently advocating their interests. Lawyers' roles as advocates can, however, undermine their work for their clients if they over-identify with their clients or develop personal antagonisms with the counterpart lawyers. Thinking like a lawyer can help lawyers solve clients' problems but also can blind lawyers to options satisfying their clients' interests. The lessons in this essay are familiar to dispute resolution professionals who have reflected on their work. Even so, these stories provide important insights that are worth repeating, especially because many lawyers and mediators feel pressures to routinize their work. With a continuing focus on providing high-quality service, dispute resolution professionals can be creative in satisfying clients' most important interests and gain great professional gratification. This short article may be a useful reading assignment for various law school courses.
Author: Lela Porter Love
Publisher:
ISBN: 9781634256742
Category : Law
Languages : en
Pages : 350
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Book Description
"This second edition of [this title] encompasses stories from around the world. The writers (24 top international mediators) were asked to write about moving, successful, unsuccessful, happy, sad and funny mediations...From these...stories, mediators will learn how to help clients find positive outcomes to conflict resolution."--
Author: Jeffrey Krivis
Publisher: John Wiley & Sons
ISBN: 0470242426
Category : Law
Languages : en
Pages : 338
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Book Description
Improvisational Negotiation presents an original approach for mediators, negotiators, and other dispute resolution professionals. Drawing on his own experience plus those of his colleagues, Jeffrey Krivis offers the reader dramatic, well-crafted, and highly instructive stories about people in conflict - families, organizations, corporations - and shows how mediated negotiations help them to reach a successful resolution. Unlike most books on the topic, Improvisational Negotiation does not focus on theory, philosophy, or formulaic procedures. The book highlights entertaining true stories that illuminate the skills and tools a good mediator uses to direct a successful negotiation and then asks the questions: What happened? and What strategies can we learn?
Author: John Winslade
Publisher: John Wiley & Sons
ISBN: 0787941921
Category : Psychology
Languages : en
Pages : 293
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Book Description
In this groundbreaking book, John Winslade and Gerald Monk -- leaders in the narrative therapy movement-introduce an innovative conflict resolution paradigm that is a revolutionary departure from the traditional problem-solving, interest-based model of resolving disputes. The narrative mediation approach encourages the conflicting parties to tell their personal "story" of the conflict and reach resolution through a profound understanding of the context of their individual stories. The authors map out the theoretical foundations of this new approach to conflict resolution and show how to apply specific techniques for the practical application of narrative mediation to a wide-variety of conflict situations.
Author: Victoria Pynchon
Publisher: John Wiley & Sons
ISBN: 111820641X
Category : Law
Languages : en
Pages : 374
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Book Description
Everything you need to enter the exciting field of legal mediation To be an effective mediator, it's essential to possess the ability to take control of animated situations, offer advice, and facilitate discussion—all the while remaining neutral without formulating biased judgment. Success as a Mediator For Dummies helps you acquire these attributes and much more. Aspiring mediators will learn the importance of upholding an honorable reputation, the skills, personality traits, and characteristics of a good mediator, and how to effectively market a successful mediation career. Plus, you'll get practical advice about finding work in the field, realistic salary information, and tips on as tips on identifying whether you have the skills and tools to become a good mediator. The steps necessary to become a mediator (education, training, licensing, states-specific requirements, etc.) How your education and professional background can enhance your mediation work Sample rules and standards of conduct All the steps necessary to build and market a successful private practice in mediation, or flourish as a mediator in a law firm, corporation, school, or non-profit organization Whether you have a background in law or an interest in legal careers, Success as a Mediator For Dummies gives you everything you need to enter the exciting field of legal mediation.
Author: Lucy Moore
Publisher: Island Press
ISBN: 9781610914116
Category : Business & Economics
Languages : en
Pages : 234
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Book Description
In our increasingly polarized society, there are constant calls for compromise, for coming together. For many, these are empty talking points—for Lucy Moore, they are a life's work. As an environmental mediator, she has spent the past quarter century resolving conflicts that appeared utterly intractable. Here, she shares the most compelling stories of her career, offering insight and inspiration to anyone caught in a seemingly hopeless dispute. Moore has worked on wide-ranging issues—from radioactive waste storage to loss of traditional grazing lands. More importantly, she has worked with diverse groups and individuals: ranchers, environmental activists, government agencies, corporations, tribal groups, and many more. After decades spent at the negotiating table, she has learned that a case does not turn on facts, legal merit, or moral superiority. It turns on people. Through ten memorable stories, she shows how issues of culture, personality, history, and power affect negotiations. And she illustrates that equitable solutions depend on a healthy group dynamic. Both the mediator and opposing parties must be honest, vulnerable, open, and respectful. Easier said than done, but Moore proves that subtle shifts can break the logjam and reconcile even the most fiercely warring factions. This book should be especially appealing to anyone concerned with environmental conflicts; and also to students in environmental studies, political science, and conflict resolution, and to academics and professionals in mediation and conflict resolution fields.
Author: Eileen Carroll, KC (Hon)
Publisher: Bloomsbury Publishing
ISBN: 1526515849
Category : Law
Languages : en
Pages : 346
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Book Description
Written to celebrate the 30th anniversary of CEDR's emergence as the world's leading independent disputes consultancy, The Mediator's Tale: The CEDR Story of Better Conflicts captures the experience of two leading internationally renowned mediators – and married couple – Eileen Carroll and Karl Mackie. Sharing their personal and professional insights into how we can achieve better conflict management in our professional and personal lives, they highlight key insights into how mediation delivers results, and lessons for conflicts generally. The book: Tells the story of how a young lawyer and a leading academic 'had the courage and sheer guts' necessary to create disruptive change and persuade the legal profession and its clients to embrace mediation Provides advisers and mediators with in-depth explanations for getting results from negotiation and independent intervention Shows how to build trust and make emotional connections while building momentum for settlement Highlights the role of women as conflict resolvers and as early pioneers in conflict resolution, and the links between conflict and diversity – 'What people often mean by getting rid of conflict is getting rid of diversity' Explores the reasons interventions fail and how to avoid failure Illuminates the international development of mediation and its reach into justice systems, human rights, investor-state disputes and international arbitration Outlines leadership skills that will put you in the top 1% of people able to deal with conflict.
Author: Kathy Isaacson
Publisher: Waveland Press
ISBN: 1478640316
Category : Language Arts & Disciplines
Languages : en
Pages : 199
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Book Description
Mediation is a strong force for change that continues to grow as an alternative process for conflict management. The Third Edition of Mediation: Empowerment in Conflict Management is practical and concise, making it appropriate for college classes and training programs. The book has a clear set of theoretical principles, ideal for anyone interested in learning mediation skills. Mediation is explored as a dispute resolution option that allows conflict to be an opportunity. Special emphasis is given to the use of effective communication in mediation. New to the third edition are circular causation and modeling behaviors, dialogic communication, managing difficult behavior, mediating large groups, online dispute resolution, and pre-mediation. The book is perfect for those wanting to become certified mediators, but it is valuable for all readers— providing life skills to improve approaches to conflict in professional and personal relationships.
Author: Ellen Waldman
Publisher: John Wiley & Sons
ISBN: 0787995886
Category : Law
Languages : en
Pages : 470
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Book Description
Mediation Ethics is a groundbreaking text that offers conflict resolution professionals a much-needed resource for traversing the often disorienting landscape of ethical decision making. Edited by mediation expert Ellen Waldman, the book is filled with illustrative case studies and authoritative commentaries by mediation specialists that offer insight for handling ethical challenges with clarity and deliberateness. Waldman begins with an introductory discussion on mediation's underlying values, its regulatory codes, and emerging models of practice. Subsequent chapters treat ethical dilemmas known to vex even the most experienced practitioner: power imbalance, conflicts of interest, confidentiality, attorney misconduct, cross-cultural conflict, and more. In each chapter, Waldman analyzes the competing values at stake and introduces a challenging case, which is followed by commentaries by leading mediation scholars who discuss how they would handle the case and why. Waldman concludes each chapter with a synthesis that interprets the commentators' points of agreement and explains how different operating premises lead to different visions of what an ethical mediator should do in a given case setting. Evaluative, facilitative, narrative, and transformative mediators are all represented. Together, the commentaries showcase the vast diversity that characterizes the field today and reveal the link between mediator philosophy, method, and process of ethical deliberation. Commentaries by Harold Abramson Phyllis Bernard John Bickerman Melissa Brodrick Dorothy J. Della Noce Dan Dozier Bill Eddy Susan Nauss Exon Gregory Firestone Dwight Golann Art Hinshaw Jeremy Lack Carol B. Liebman Lela P. Love Julie Macfarlane Carrie Menkel-Meadow Bruce E. Meyerson Michael Moffitt Forrest S. Mosten Jacqueline Nolan-Haley Bruce Pardy Charles Pou Mary Radford R. Wayne Thorpe John Winslade Roger Wolf Susan M. Yates
Author: Douglas N. Frenkel
Publisher: Aspen Publishing
ISBN: 1543801285
Category : Law
Languages : en
Pages : 699
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Book Description
For access to the video case studies included with the purchase of this ebook, please contact customer support at
[email protected]. This widely-adopted, all-original book was the first in the field to combine complete analysis of the mediation process with integrated video case studies illustrating the full range of mediation skills. Engaging text is keyed to seven hours of online video, featuring three different cases, all based on actual disputes: a child custody case, a small claims consumer dispute, and a complex negligence suit. These unscripted mediations were conducted by mediators and lawyers with a variety of backgrounds and styles. The video includes an extended comparative example of facilitative and evaluative mediation of the same matter. The integration of text and video in The Practice of Mediation: A Video-Integrated Text, Third Edition enriches students’ understanding and allows classroom and clinical instruction to proceed more rapidly and on a far more sophisticated level. New to the Third Edition: New end-of-chapter problems to aid assessment of student learning New or expanded coverage of biases and their impact on negotiators; pre-mediation contacts with parties; and increasing mediator use of caucuses to open the process Newly designed problems on the ethics of mediating New video clips on mediator influence and persuasion Professors and students will benefit from: Practice- and research-based analysis of negotiations and why they fail Contextualized model of the role and effective skills of the mediator, applicable across the entire range of disputes Exploration of fundamental norms of the process and, through real case problems, the ethics of mediating Video and case-based introduction to the role and skills of representing a client in mediation
