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Author: Dwight Golann
Publisher: American Bar Association
ISBN: 9781627222808
Category : Law
Languages : en
Pages : 0
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Book Description
"This book will help you bargain more effectively in mediation. Dwight Golann's award-winning book, Mediating Legal Disputes, explained how commercial mediators settle cases. In Sharing a Mediator's Powers, he explains how advocates can harness these techniques to maximize their effectiveness in bargaining. Using examples from actual mediations, Golann offers specific suggestions about how to use mediators, and the process, to best effect. You will learn how to: get key players to the table, obtain access to evidence not provided in discovery, arrange a mediation format that matches your strategy, focus discussion on issues that help your case, probe the other side's state of mind, support cooperative, creative or competitive bargaining strategies, manage how a mediator evaluates a legal case, influence when and how impasse-breaking tactics are applied. The theme of this book? Don't approach the mediation process passively. Instead, use it in an active way to achieve your bargaining goals. Included with this book is a DVD that brings advocacy concepts alive. 24 excerpts show how to apply key techniques in the context of a commercial case"--Unedited summary from book.
Author: Dwight Golann
Publisher: American Bar Association
ISBN: 9781627222808
Category : Law
Languages : en
Pages : 0
Get Book Here
Book Description
"This book will help you bargain more effectively in mediation. Dwight Golann's award-winning book, Mediating Legal Disputes, explained how commercial mediators settle cases. In Sharing a Mediator's Powers, he explains how advocates can harness these techniques to maximize their effectiveness in bargaining. Using examples from actual mediations, Golann offers specific suggestions about how to use mediators, and the process, to best effect. You will learn how to: get key players to the table, obtain access to evidence not provided in discovery, arrange a mediation format that matches your strategy, focus discussion on issues that help your case, probe the other side's state of mind, support cooperative, creative or competitive bargaining strategies, manage how a mediator evaluates a legal case, influence when and how impasse-breaking tactics are applied. The theme of this book? Don't approach the mediation process passively. Instead, use it in an active way to achieve your bargaining goals. Included with this book is a DVD that brings advocacy concepts alive. 24 excerpts show how to apply key techniques in the context of a commercial case"--Unedited summary from book.
Author: Joanne McEvoy
Publisher: University of Pennsylvania Press
ISBN: 081220798X
Category : Political Science
Languages : en
Pages : 449
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Book Description
Power sharing may be broadly defined as any set of arrangements that prevents one political agency or collective from monopolizing power, whether temporarily or permanently. Ideally, such measures promote inclusiveness or at least the coexistence of divergent cultures within a state. In places deeply divided by national, ethnic, linguistic, or religious conflict, power sharing is the standard prescription for reconciling antagonistic groups, particularly where genocide, expulsion, or coerced assimilation threaten the lives and rights of minority peoples. In recent history, the success record of this measure is mixed. Power Sharing in Deeply Divided Places features fifteen analytical studies of power-sharing systems, past and present, as well as critical evaluations of the role of electoral systems and courts in their implementation. Interdisciplinary and international in formation and execution, the chapters encompass divided cities such as Belfast, Jerusalem, Kirkuk, and Sarajevo and divided places such as Belgium, Israel/Palestine, Northern Ireland, and South Africa, as well as the Holy Roman Empire, the Saffavid Empire, Aceh in Indonesia, and the European Union. Equally suitable for specialists, teachers, and students, Power Sharing in Deeply Divided Places considers the merits and defects of an array of variant systems and provides explanations of their emergence, maintenance, and failings; some essays offer lucid proposals targeted at particular places. While this volume does not presume that power sharing is a panacea for social reconciliation, it does suggest how it can help foster peace and democracy in conflict-torn countries. Contributors: Liam Anderson, Florian Bieber, Scott A. Bollens, Benjamin Braude, Ed Cairns, Randall Collins, Kris Deschouwer, Bernard Grofman, Colin Irwin, Samuel Issacharoff, Allison McCulloch, Joanne McEvoy, Brendan O'Leary, Philippe van Parijs, Alfred Stepan, Ronald Wintrobe.
Author: Joanne McEvoy
Publisher: University of Pennsylvania Press
ISBN: 0812246519
Category : Political Science
Languages : en
Pages : 288
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Book Description
To achieve peaceful interethnic relations and a stable democracy in the aftermath of violent conflict, institutional designers may task political elites representing previously warring sides with governing a nation together. In Power-Sharing Executives, Joanne McEvoy asks whether certain institutional rules can promote cooperation between political parties representing the contending groups in a deeply divided place. Examining the different experiences of postconflict power sharing in Bosnia, Macedonia, and Northern Ireland, she finds that with certain incentives and norms in place, power sharing can indeed provide political space for an atmosphere of joint governance or accommodation between groups. Power-Sharing Executives explains how the institutional design process originated and evolved in each of the three nations and investigates the impact of institutional rules on interethnic cooperation. McEvoy also looks at the role of external actors such as international organizations in persuading political elites to agree to share power and to implement power-sharing peace agreements. This comparative analysis of institutional formation and outcomes shows how coalitions of varying inclusivity or with different rules can bring about a successful if delicate consociationality in practice. Power-Sharing Executives offers prescriptions for policymakers facing the challenges of mediating peace in a postconflict society and sheds light on the wider study of peace promotion.
Author: Timothy D. Sisk
Publisher: US Institute of Peace Press
ISBN: 9781878379566
Category : Political Science
Languages : en
Pages : 180
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Book Description
Can power sharing prevent violent ethnic conflict? And if so, how can the international community best promote that outcome? In this concise volume, Timothy Sisk defines power sharing as practices and institutions that result in broad-based governing coalitions generally inclusive of all major ethnic groups. He identifies the principal approaches to power sharing, including autonomy, federations, and proportional electoral systems. In addition, Sisk highlights the problems with various power-sharing approaches and practices that have been raised by scholars and practitioners alike, and the instances where power-sharing experiments have succeeded and where they have failed. Finally, he offers some guidance to policymakers as they ponder power-sharing arrangements.
Author: Caroline A. Hartzell
Publisher: Cambridge University Press
ISBN: 1108478034
Category : Law
Languages : en
Pages : 285
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Book Description
Provides empirical evidence that power-sharing measures used to end civil wars can help facilitate a transition to minimalist democracy.
Author: Allison McCulloch
Publisher: Taylor & Francis
ISBN: 1317265777
Category : Political Science
Languages : en
Pages : 313
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Book Description
Power-sharing is an important political strategy for managing protracted conflicts and it can also facilitate the democratic accommodation of difference. Despite these benefits, it has been much criticised, with claims that it is unable to produce peace and stability, is ineffective and inefficient, and obstructs other peacebuilding values, including gender equality. This edited collection aims to enhance our understanding of the utility of power-sharing in deeply divided places by subjecting power-sharing theory and practice to empirical and normative analysis and critique. Its overarching questions are: Do power-sharing arrangements enhance stability, peace and cooperation in divided societies? Do they do so in ways that promote effective governance? Do they do so in ways that promote justice, fairness and democracy? Utilising a broad range of global empirical case studies, it provides a space for dialogue between leading and emerging scholars on the normative questions surrounding power-sharing. Distinctively, it asks proponents of power-sharing to think critically about its weaknesses. This text will be of interest to students, scholars and practitioners of power-sharing, ethnic politics, democracy and democratization, peacebuilding, comparative constitutional design, and more broadly Comparative Politics, International Relations and Constitutional and Comparative Law.
Author: Martin Wählisch
Publisher: Bloomsbury Publishing
ISBN: 1509914234
Category : Law
Languages : en
Pages : 281
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Book Description
This monograph provides a contemporary analysis of the frictions between peacemaking and international human rights law based on the cases of postconflict power-sharing in Lebanon and Bosnia-Herzegovina. In this context it evaluates the long-standing debate in the United Nations and human rights bodies about the 'imperfect peace'. Written from a practitioner–scholarly viewpoint and drawing from new authentic sources, the book describes the mechanisms used in peace agreements and post-conflict constitutions for managing ethnic or religious diversity, explains their legal limits under international human rights law, and provides a conceptual framework for analysing the nexus between law and peacemaking. The book argues that the relationship between the content of peace agreements and post-conflict constitutions, their negotiation process and the element of time, needs to be untangled to better understand the legal limits of statebuilding in the aftermath of armed conflict. It is a key resource for scholars in human rights law and peace and conflict studies, advisers in peace processes, constitution-makers, and peace mediators.
Author: Isak Svensson
Publisher: Routledge
ISBN: 1135105448
Category : Political Science
Languages : en
Pages : 159
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Book Description
This book examines the effect of biased and neutral mediators in civil wars. Based on analysis of both global data and case studies of contemporary peace processes, including India and Norway in Sri Lanka, China in Cambodia, US in Israel/Palestine, and Russia in Georgia, the book makes two main contributions. First, it explores the role of biased mediators in contemporary peace processes. The author develops a theory explaining why biased mediators are more effective than their neutral counterparts and the book identifies four different mechanisms through which biased mediators can be effective peace-brokers. By developing a comprehensive set of mechanisms to explain bias mediation, the work deepens understanding of biased mediators in general, and their role in resolving civil conflict in particular. The second contribution offered is a novel way of measuring mediation success. Previous research has concentrated on settlement, behavior, or implementation. While these conceptualisations of mediation success all have merit, they fail to address how the basic incompatible positions are regulated. This book focuses on mediators’ ability to regulate core compatibilities by crafting institutional peace arrangements that generally are considered to enhance the prospect for durable peace. This approach has wider implications for peace and conflict research by bringing together research on durability of peace and studies on international mediation, two fields of research which hitherto have been kept apart. This book will be of much interest to students of international mediation, conflict management, civil wars, security studies and IR in general.
Author: Lars-Erik Cederman
Publisher: Cambridge University Press
ISBN: 1108304516
Category : Political Science
Languages : en
Pages : 331
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Book Description
Does power sharing bring peace? Policymakers around the world seem to think so. Yet, while there are many successful examples of power sharing in multi-ethnic states, such as Switzerland, South Africa and Indonesia, other instances show that such arrangements offer no guarantee against violent conflict, including Rwanda, Yugoslavia, Zimbabwe and South Sudan. Given this mixed record, it is not surprising that scholars disagree as to whether power sharing actually reduces conflict. Based on systematic data and innovative methods, this book comes to a mostly positive conclusion by focusing on practices rather than merely formal institutions, studying power sharing's preventive effect, analyzing how power sharing is invoked in anticipation of conflict, and by showing that territorial power sharing can be effective if combined with inclusion at the center. The authors' findings demonstrate that power sharing is usually the best option to reduce and prevent civil conflict in divided states.
Author: Allison McCulloch
Publisher: Routledge
ISBN: 131768219X
Category : Political Science
Languages : en
Pages : 188
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Book Description
Nearly all the peace accords signed in the last two decades have included power-sharing in one form or another. The notion of both majority and minority segments co-operating for the purposes of political stability has informed both international policy prescriptions for post-conflict zones and home-grown power-sharing pacts across the globe. This book examines the effect of power-sharing forms of governance in bringing about political stability amid deep divisions. It is the first major comparison of two power-sharing designs – consociationalism and centripetalism - and it assesses a number of cases central to the debate, including Nigeria, Sri Lanka, Fiji, Bosnia and Herzegovina, Burundi and Northern Ireland. Drawing on information from a variety of sources, such as political party manifestoes and websites, media coverage, think tank reports, and election results, the author reaches significant conclusions about power-sharing as an invaluable conflict-management device. This text will be of key interest to students and scholars of ethnic conflict management, power-sharing, ethnic politics, democracy and democratization, comparative constitutional design, comparative politics, intervention and peace-building.
