Preparing for Alternative Dispute Resolution Cases: Leading Lawyers on Best Practices for Mediation and Arbitration, Analyzing When to Settle Vs. Liti PDF Download
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Author: Aspatore Books
Publisher: Aspatore Books
ISBN: 9781596227477
Category : Conflict management
Languages : en
Pages : 0
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Book Description
"Preparing for Alternative Dispute Resolution Cases is an authoritative, insider's perspective on using arbitration and mediation to successfully resolve disputes. Featuring partners and chairs from some of the nation's leading law firms, these experts guide the reader through the necessary steps and stages involved in developing and executing an alternative dispute resolution strategy on behalf of a client. From understanding a client's goals to settling and negotiating cases, these attorneys reveal their strategies for avoiding deal killers, determining the financial liability in a case, and obtaining the best possible outcome. These top lawyers give tips on establishing the roles of the attorney and client during the arbitration or mediation process, developing a strong relationship with the neutral party, and reaching a solution in a time-efficient manner. Additionally, these leaders analyze the best uses and benefits of alternative dispute resolution and offer advice for keeping a
Author: Aspatore Books
Publisher: Aspatore Books
ISBN: 9781596227477
Category : Conflict management
Languages : en
Pages : 0
Get Book Here
Book Description
"Preparing for Alternative Dispute Resolution Cases is an authoritative, insider's perspective on using arbitration and mediation to successfully resolve disputes. Featuring partners and chairs from some of the nation's leading law firms, these experts guide the reader through the necessary steps and stages involved in developing and executing an alternative dispute resolution strategy on behalf of a client. From understanding a client's goals to settling and negotiating cases, these attorneys reveal their strategies for avoiding deal killers, determining the financial liability in a case, and obtaining the best possible outcome. These top lawyers give tips on establishing the roles of the attorney and client during the arbitration or mediation process, developing a strong relationship with the neutral party, and reaching a solution in a time-efficient manner. Additionally, these leaders analyze the best uses and benefits of alternative dispute resolution and offer advice for keeping a
Author: Aspatore Books
Publisher:
ISBN: 9781596227187
Category : Law
Languages : en
Pages : 284
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Book Description
"Mediation and Arbitration Best Practices is an authoritative, insider's perspective on successfully using alternative dispute resolution to settle disputes. Featuring partners and chairs from some of the nation's leading law firms, these experts guide the reader through the intricacies of resolving disputes outside of litigation, discussing the various components of ADR, the value and role of an attorney, and tactics for settling disputes more efficiently. From evaluating the benefits of ADR to examining present and future trends, these top lawyers give tips on understanding a client's goals, deciding when to use arbitration or mediation, formulating a strategy, and preparing a case. Additionally, these leaders reveal their strategies for planning defensively, managing expectations, avoiding risks, and keeping abreast of change. The different niches represented and the breadth of perspectives presented enable readers to get inside some of the great legal minds of today as these experi
Author: Aspatore Books
Publisher:
ISBN: 9781596227170
Category : Law
Languages : en
Pages : 0
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Book Description
"Alternative Dispute Resolution Client Strategies is an authoritative, insider's perspective on best practices for resolving disputes outside of litigation. Featuring partners and chairs from some of the nation's leading law firms, these experts guide the reader through the intricacies of dispute resolution and identify the important differences and similarities between arbitration, mediation, and the less known, mini-trial. These authors discuss several key advantages for using ADR versus litigation, such as confidentiality, producing an expedited resolution, and eliminating extreme costs. From understanding a client's motivations to preparing for arbitration or mediation, these top lawyers discuss how to effectively use the duel role of advocate and counselor to determine the best course of action to take for a dispute. Additionally, these leaders reveal their techniques for formulating a strategy, establishing client/attorney relationships, eliminating bad facts, and finding creativ
Author: Jay Folberg
Publisher: Aspen Publishing
ISBN: 1543809081
Category : Law
Languages : en
Pages : 804
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Book Description
Buy a new version of this textbook and receive access to the Connected eBook on CasebookConnect, including: lifetime access to the online ebook with highlight, annotation, and search capabilities, plus an outline tool and other helpful resources. Connected eBooks provide what you need most to be successful in your law school classes. Learn more about Connected eBooks. Resolving Disputes: Theory, Practice, and Law, Fourth Edition, covers negotiation, mediation, arbitration, and hybrid approaches, preparing law students to represent clients in all types of alternative dispute resolution. The text is practical, while grounded in theory. Drawing on the authors’ decades of experience as teachers, practicing neutrals, and ADR trainers, this casebook provides vivid examples from actual cases, literature, and current media. It also offers diverse readings by leading authors, along with comprehensive video-based resources and attention to prominent developments in the field. The text integrates coverage of law, ethics, and practice, as well as interesting notes, thoughtful problems, and provocative questions. New to the Fourth Edition: Fresh new material and perspectives benefiting from two new coauthors More problems, techniques, resources, and video-based examples of effective representation in mediation Integrated access to videos, allowing students to view professionals applying techniques discussed in the book as they read Streamlined presentation—concise excerpts and summaries that allow shorter reading assignments Greater coverage of online dispute resolution (ODR) and dispute systems design (DSD)—two of the most important new directions in the field Increased focus on gender, #MeToo, culture, social activism, historical inequities, anti-racism, and other crucial issues affecting dispute resolution today Discussion of how dispute resolution is changing with new technological advances, social trends and hybrid processes Expanded arbitration section, with attention to adhesion contracts, recent cases and legislation Access to arbitration games, exercises and streaming interviews with top arbitration experts An in-depth chapter on mixing ADR modes and hybrid processes Professors and student will benefit from: Organization and readings designed to be used as part of an active experiential class without sacrificing the deep knowledge expected in a law school course Informal writing style, interesting examples, practical advice, and thought-provoking questions, all written specifically for law students who will soon represent clients in resolving disputes Practice-based approach that helps students apply the concepts and better identify the value in the content Exercises and problems that facilitate classroom discussion
Author: Dwight Golann
Publisher: Aspen Publishers
ISBN:
Category : Law
Languages : en
Pages : 596
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Book Description
For an in-depth discussion of all the issues that a mediator or advocate needs to become an expert on the process, turn to Dwight Golanns award-winning MEDIATING LEGAL DISPUTES. Recognized by the CPR Institute for Dispute Resolution For The best book published in the field of dispute resolution, MEDIATING LEGAL DISPUTES is the only mediation resource youll need. The author discusses not only the very real psychological dimensions of disputing, but also grapples with tough techniques like decision analysis and evaluation to deal with real disputes over who will win in court. This valuable reference offers unique and powerful mediation methods that: Minimize the impact of spin tactics, private agendas, and hard-line bargaining strategies Calculate the cost of litigation alternatives as part of the mediation strategy Overcome hidden obstacles to settlement, such as emotional/psychological sticking points Apply sophisticated techniques (such as on-the-spot laptop computer programs) to analyze risk and break negotiating impasses Meet the challenges posed by specialized disputes such as employment and environmental cases Youll also learn mediation techniques for reducing friction, counteracting 'bad blood,' and guiding your case to satisfactory resolution.
Author: Dwight Golann
Publisher: American Bar Association
ISBN: 9781604423037
Category : Law
Languages : en
Pages : 394
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Book Description
This book combines theory with practical techniques for resolving difficult legal disputes, including: mediating effectively between hostile lawyers and parties; dealing with insulting first offers and reneging; predicting litigation outcomes without alienating disputants; effective impasse-breaking tips; and, for litigators, utilizing a mediator's special powers to achieve better outcomes for clients. Includes a DVD that demonstrates conducting an opening session, eliciting offers, delivering an evaluation, applying impasse tactics, and other essential skills.
Author: Deborah Lynn Zutter
Publisher: Abundance Solutions Inc
ISBN: 9780978327200
Category : Law
Languages : en
Pages : 194
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Book Description
Author: American Arbitration Association
Publisher: Juris Publishing, Inc.
ISBN: 1933833505
Category : Law
Languages : en
Pages : 820
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Book Description
Assembled from Dispute Resolution Journal - the flagship publication of the American Arbitration Association - the chapters in the Handbook have all, where necessary, been revised and updated prior to publication. The book is succinct, comprehensive and a practical introduction to the use of arbitration and ADR, written by leading practitioners and scholars. The Handbook begins with a thorough introduction into the practice of mediation and offers advice and strategies in preparing for and conducting successful mediations. It explores the use of mediator evaluations, (i.e. opinions as to the likely outcome or value of legal claims), reframing (i.e. restating or rephrasing statements of conflict), risk analysis, the underlying psychology and bridging of cultural gaps, among many other areas included to assist mediators in achieving the best results. Attorneys are provided with guidance on establishing a mediation practice, preparing clients for mediation, negotiation tactics, and how to answer a client’s questions regarding the process of mediation. It discusses confidentiality and ethics in mediation and also addresses the use of mediation in specific types of disputes, such as business to business matters, construction, medical malpractice, governmental agencies including environmental agencies, and in the workplace. Lastly, it touches on various mediation issues as they arise in the legal system. The chapters were selected from an extensive body of writings and, in the main, represent world-class assessments of arbitration and ADR practice. All the major facets of the field are addressed and provide the reader with comprehensive and accurate information, lucid evaluations, and an indication of future developments. They not only acquaint, but also ground the reader in the field.
Author: American Bar Association. House of Delegates
Publisher: American Bar Association
ISBN: 9781590318737
Category : Law
Languages : en
Pages : 216
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Book Description
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.
Author: Dwight Golann
Publisher: Aspen Publishers
ISBN: 9780735511835
Category : Law
Languages : en
Pages : 545
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Book Description
For an in-depth discussion of all the issues that a mediator or advocate needs to become an expert on the process, turn to Dwight Golanns award-winning MEDIATING LEGAL DISPUTES. Recognized by the CPR Institute for Dispute Resolution for the best book published in the field of dispute resolution, MEDIATING LEGAL DISPUTES is the only mediation resource youll need. The author discusses not only the very real psychological dimensions of disputing, but also grapples with tough techniques like decision analysis and evaluation to deal with real disputes over who will win in court. This valuable reference offers unique and powerful mediation methods that: Minimize the impact of spin tactics, private agendas, and hard-line bargaining strategies Calculate the cost of litigation alternatives as part of the mediation strategy Overcome hidden obstacles to settlement, such as emotional/psychological sticking points Apply sophisticated techniques (such as on-the-spot laptop computer programs) to analyze risk and break negotiating impasses Meet the challenges posed by specialized disputes such as employment and environmental cases Youll also learn mediation techniques for reducing friction, counteracting 'bad blood,' and guiding your case to satisfactory resolution.
