Author: Stephen Walker
Publisher: Bloomsbury Publishing
ISBN: 1526511371
Category : Law
Languages : en
Pages : 365

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Book Description
Logical or psycho-logical? Which are we when making decisions and negotiating at mediation? We go to mediation to make peace yet prepare for war. Why? What makes us self-sabotage? Learn which behaviours are obstacles to settlement and how to overcome them. Find out how to apply the latest research in neuroscience, behavioural economics and psychology to achieve better outcomes. Our heads, hearts and guts – which should we use and when? More than an update and discussion of the latest research findings, Mediation Behaviour: Why We Act Like We Do is experience-based and using that shows how to resolve disputes successfully and cost-effectively. Written from the point of the view of mediators, disputing parties, their advisers and representatives, this new title: Investigates the role of emotions, cognitive biases and intuitions in our mediation behaviour Identifies the behaviours that are barriers to settlement and the ones that are bridges to settlement Shows how they affect the six mediation fundamentals: self, money, power, fairness, truth and trust Explains how to be better at negotiation, risk analysis and persuasion Looks in detail at the psychology of offers - how to make them and how to reject them Explores how mediating online changes the way we do things This book is an indispensable resource for mediators, advocates, representatives - both lawyers and non-lawyers – clients, experts, and anyone involved in conflict and conflict management.

Author: Jacob Bercovitch
Publisher: Routledge
ISBN: 1136827129
Category : History
Languages : en
Pages : 434

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Book Description
This volume brings together some of the most significant papers on international conflict mediation by Professor Jacob Bercovitch, one of the leading scholars in the field. It has become common practice to note that mediation has been, and remains, one of the most important structures of dealing with and resolving social conflicts. Irrespective of the level of political or social organization, of their location in time and space, and of the political sophistication of a society, mediation has always been there to help deal with conflicts. As a method of conflict management, the practice of settling disputes through intermediaries has had a rich history in all cultures, both Western and non-Western. In some non-Western countries (especially in the Middle East and China) mediation has been the most important and enduring structure of conflict resolution. Jacob Bercovitch has been at the forefront of developments in international conflict mediation for more than 25 years, and is generally recognized as one of the most important scholars in the field. His theoretical and empirical analyses have come to define the parameters in the study of mediation. This volume will help scholars and practitioners trace the history of the field, its position today and its future and will be of much interest to all students of mediation, negotiation, conflict management, international security and international relations in general.

Author: Joel Lee
Publisher: World Scientific
ISBN: 981310838X
Category : Political Science
Languages : en
Pages : 168

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Book Description
Is the need for a power balance still necessary for mediation in the Singapore context? In an increasingly digitised world, what challenges are there for online mediation? Is the distinction between facilitative and evaluative mediation still relevant? These questions, and more, are explored in Contemporary Issues in Mediation, the first ever compilation of essays on mediation topics and issues by top mediation students. Carefully selected and edited by leaders in the mediation and negotiation field Associate Professor Joel Lee from the National University of Singapore Faculty of Law, and Marcus Lim, Executive Director of the Singapore International Mediation Institute, this book is not only a unique addition to local mediation literature but also the first in a new annual series. Contents:Could Power Imbalance Be Power in Balance? Looking at Power Imbalances through a Singaporean Cultural Lens (Ng Wan Qing)Mediation Advocacy: Doing Good, Doing Right, and Doing Well (Valencia Soh Ywee Xian)The Facilitative-Evaluative Divide: Have We Lost Sight of What's Important? (Javier Yeo)Mediating the ASEAN Way: An ASEAN Perspective on Mediation (Jaime Lye)Faces of Singapore & Mediation (Joey Lim Yue Tow)Manipulation in Mediation (Koh Zhen Yang)The SIAC-SIMC Arb-Med-Arb Protocol: Enforcing International Commercial Mediated Settlement Argeements (MSAs) through the New York Convention (Chng Teck Kian Desmond)Shall We Medi@? (Phua Jun Han)Good Faith Participation in Mediation (Chan Min Hui)Bridging the Concepts of Neutrality and Power Imbalance (Tan Ting Wei Kelly) Readership: Students, researchers, and general readers who are interested in the current theories and applications of mediation concepts and practices, especially in the Singapore context.

Author: Jennifer L. Schulz
Publisher: Routledge
ISBN: 0429602049
Category : Law
Languages : en
Pages : 161

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Book Description
This book examines mediation topics such as impartiality, self-determination and fair outcomes through popular culture lenses. Popular television shows and award-winning films are used as illustrative examples to illuminate under-represented mediation topics such as feelings and expert intuition, conflicts of interest and repeat business, and deception and caucusing. The author also employs research from Australia, Belgium, Canada, China, Denmark, France, Germany, Greece, India, Israel, Japan, the Netherlands, New Zealand, Singapore, South Africa, Spain, the United Kingdom and the United States of America to demonstrate that real and reel mediation may have more in common than we think. How mediation is imagined in popular culture, compared to how professors teach it and how mediators practise it, provides important affective, ethical, legal, personal and pedagogical insights relevant for mediators, lawyers, professors and students, and may even help develop mediator identity.

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: J. Bercovitch
Publisher: Springer
ISBN: 0230374697
Category : Political Science
Languages : en
Pages : 302

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Book Description
This collection of articles examines mediation in a range of situations including international relations, informal mediation by private individuals and by scholars and practitioners, as well as the superpowers as mediators.

Author: Violeta Ferati Bakia
Publisher: Rowman & Littlefield
ISBN: 1666914541
Category : Political Science
Languages : en
Pages : 233

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Book Description
This book is among the few publications that analyze the determining conditions, outcome effectiveness and impact of EU mediation utilized as an instrument of conflict resolution that aims to solve protracted conflicts in the post-conflict settings of Kosovo and Bosnia and Herzegovina.

Author: Eileen Carroll, KC (Hon)
Publisher: Bloomsbury Publishing
ISBN: 1784512478
Category : Business & Economics
Languages : en
Pages : 277

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Book Description
International Mediation: Breaking Business Deadlock, Third Edition (previously titled: International Mediation: The Art of Business Diplomacy) is written by two of the foremost international mediation experts and practitioners. This title provides an essential guide to the effective and timely resolution of international business disputes. It provides a real picture of what happens in international mediation and how it is structured providing practical guidance to allow parties to make the best of the process. This highly practical book provides the answers to questions the ready may have regarding the international mediation process such as: How does mediation work and what will it cost? What are the limitations? What skills are required? How long will it take? How are the outcomes enforced? How can business best use mediation? It contains case histories and practical guidance helping to put international mediation in to real situations that the reader can relate to demonstrating how and why international mediation works and why it is such a powerful tool to resolving business conflict. The authors show how to use mediation techniques as a foundation for a more purposeful, strategic approach to conflict management in organisations.

Author: Jacob Eriksson
Publisher: Bloomsbury Publishing
ISBN: 0857739115
Category : History
Languages : en
Pages : 296

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Book Description
The Israeli-Palestinian conflict is one of the most prolonged, contentious and divisive in the modern era. But, despite the volatile nature of the conflict, which frequently flares up in armed confrontations between the two, there have been advancements towards a settlement through an admittedly protracted peace process. In this book, Jacob Eriksson argues that the impact of small states, such as Sweden or Norway, should not be ignored when it comes to the ongoing efforts to negotiate between Israel and Palestine. Although small states lack coercive power, the talks they have sponsored in this particular instance (such as the Norwegian-mediated Oslo Accords) have transformed both the conflict and the conceptions of a solution to it. Of course, the diplomatic and financial power of larger states such as the USA is undoubtedly central to a negotiated solution. But by looking at conflict resolution from the perspective of the small state, Eriksson offers a unique analysis of power and diplomacy in the context of negotiations and efforts towards peace settlements.

Author: Roger Seaman
Publisher: Springer
ISBN: 1137516747
Category : Business & Economics
Languages : en
Pages : 260

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Book Description
Exploring and critiquing various methods of mediation, this innovative book critically develops a new explorative practice in the field. Considering ways in which mediators may influence disputing parties, especially in the workplace where mediators are paid to intervene, Explorative Mediation at Work questions the common claim that mediation is a neutral intervention. The difference between offering minimally intrusive support and acting to secure a containment and even suppression of workplace conflict is heavily dependent upon a mediator’s practices. At worst, engineering resolution may tarnish mediation’s reputation for impartiality. At best, mediation can win the trust of parties in conflict, facilitate a democratic engagement and be of real benefit to organizations. This book aims to demonstrate the latter in proposing a practice that supports parties to seek out dialogue from which relationships may be rebuilt and practical problems resolved.