How to Make Money as a Mediator (and Create Value for Everyone) is an invaluable and inspirational resource filled with practical, proven, and down-to-earth information on how you can develop a satisfying and lucrative career as a mediator, no matter what your area of interest—labor and employment mediation, intellectual property, environment, personal injury, family and divorce, contract, securities, or international peacekeeping.
Dispute Resolution: Negotiation, Mediation, Arbitration, and Other Processes, Seventh Edition Provides overviews, critical examinations, and analyses of the application of ADR’s three main processes for settling legal disputes without litigation— negotiation, mediation, and arbitration—and issues raised as these processes are combined, modified, and applied. This casebook challenges students to develop new processes and applications and provides them tools to master the legal issues facing lawyers who utilize the major dispute resolution processes. this book also assists students in building the skills a modern lawyer needs to represent clients in these critical processes. New to the Seventh Edition: New materials and exercises on legislative negotiation and causes and suggestions for remedying Congressional gridlock in negotiating legislative solutions to national problems. (First treatment of this issue in any law school negotiation/dispute resolution teaching book.) Negotiation simulations in which students play the roles of members of Congress and state legislators. Additional treatment of developing online dispute resolution processes. Expansion of dispute systems design materials to include community disputes. New materials designed to help students understand the mediation privilege, including a “debate” about the policy choices implicit in it and more depth on both the Uniform Mediation Act and the California mediation privilege experiences. Addition of multiple new Supreme Court arbitration cases, including American Express Company. v. Italian Colors Restaurant, Oxford Health Plans LLC v. Sutter, and Epic Systems, Inc. v. Lewis, addressing the continuing viability of the vindication of rights doctrine in arbitration, judicial review of an arbitrator’s decision to order a class action arbitration, and whether the NLRA should be interpreted to preclude employers from using class action waivers in agreements with their employees. Additional discussion of 2018-19 Supreme Court arbitration cases, including New Prime, Inc. v. Oliveira and Lamps Plus Inc. v. Varela. Consideration of the #Metoo movement and its impact on arbitration agreements and confidentiality in dispute resolution processes. Discussion of state and federal legislation addressing the use of arbitration for sexual harassment claims, including federal legislation like the End Forced Arbitration of Sexual Harassment Act bill. Substantial reorganization of the chapters on mediation, arbitration, and their variants, so that when students arrive at the new Chapter 8, Representing a Client in ADR (formerly Representing a Client in Mediation), the student is capable, as the modern lawyer should be, of representing a client in all ADR processes. The new emphasis is on facing the future. In addition to learning about ADR responses to existing matters, the student is challenged to put that learning to use in applying current ADR procedures to newly-developing issues, and in developing new processes when existing ones do not meet the client’s needs. Professors and students will benefit from: Thorough, systematic coverage, moving from overviews to critical analysis, application, evaluation, and practice A distinguished and experienced author team A direct and accessible writing style A wealth of simulations (both classic and new) and questions throughout Simulations allow students to evaluate, prepare for, and practice the various dispute resolution techniques Strong coverage of mediation
Whether the andAand stands for andappropriateand, andamicableand, or andalternativeand, all out of court dispute resolution modes, collected under the banner term andADRand, aim to assist the business world in overcoming relational differences in a truly manageable way. The first edition of this book (2006) contributed to a global awareness that ADR is important in its own right, and not simply as a substitute for litigation or arbitration. Now, drawing on a wealth of new sources and developments, including the flourishing of hybrid forms of ADR, the subject matter has been largely augmented and expanded on two fronts: in-depth analysis (both descriptive and comparative) of methodology, expectations and outcomes and extended geographical coverage across all continents. As a result, in this book twenty-nine andintertwined but variegatedand essays (to use the editorands characterization) provide substantial insight in such specific topics as: ADRands flexible procedures as controlled by the parties; ADRands facilitation of the continuation of relations between the parties; privilege and confidentiality; involvement of non-legal professionals; the identity and the role of the andneutraland as well as the role of the arbitrator; the implementation of ICC and other international ADR rules; the workings of Dispute Boards and the role of ADR in securing investment and other specific objectives. In its compound thesis and growing in relevance every day and that numerous dispute resolution methods exist whose goals and developments are varied but fundamentally complementary, the multifaceted approach presented here is of immeasurable value to any business party, particularly at the international level. Practitioners faced with drafting a dispute resolution clause in a contract, or dealing with a dispute that has arisen, will find expert guidance here, and academics will expand their awareness of the issues raised by ADR, in particular as it relates to arbitration. A broad cross section of interested professionals will discover ample material for comparative study of how disputes are approached and resolved in numerous countries and cultures.
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.
Mediation as a method of dispute resolution is well known and practised worldwide, and this book provides the knowledge necessary for those actively involved in mediation work as well as for those who need to learn the process. This is an invaluable guide on how to mediate, what forms should be used and what techniques can be applied by the mediator to obtain a successful result. It also provides essential guidance on how to deal with large, complex international commercial disputes and their effective administration. Key features of this book include: • In-depth discussion of both the existing and historical international case law on mediation including its history under the British Common law, European Civil law and Muslim Shari’ah law. • Analysis of the differences between the various forms of mediation agreements with sample wording to add to or modify these forms as needed. • In-depth discussion of the ethical requirements relating to mediation and mediators. • Sample forms for use in commencing mediation. • In-depth discussion of actual mediations, how they should be conducted, techniques to use and sample forms. • General forms for use in complex international mediation, form agenda and mediation statements. • Mediator disclosure forms, questionnaires for potential mediators and parties and comparison of mediation agreements and sample forms. • Discussion of how to effectively use witnesses and the preparation and presentation of witness statements in mediation. • International case studies with statements of claims and responses. This book will be essential reading for those involved in international commercial and construction mediation.
Mediation Theory and Practice, Third Edition introduces students to the process of mediation by using practical examples that show students how to better manage conflicts and resolve disputes. Authors Suzanne McCorkle and Melanie J. Reese help students to understand the research and theory that underlie mediation, as well as provide students with the foundational skills a mediator must possess in any context, including issue identification, setting the agenda for negotiation, problem solving, settlement, and closure. New to the Third Edition: Expanded content on the role of evaluative mediation reflects the latest changes to the alternative dispute resolution field, helping students to distinguish between various approaches to mediation. Additional discussions around careers in conflict management familiarize students with employment opportunities for mediators, standards of professional conduct, and professional mediator competencies. New activities and case studies throughout each chapter assist students in developing their mediation competency.
In recent years the mediation movement has seen tremendous growth with significant advances being made in both research and practice. Despite these advances, reseachers and practitioners have remained relatively isolated from one another. Bridging the gap, COMMUNITY MEDIATION is dedicated to the mutual education of both researchers and mediators. It makes the findings of research accessible to practitioners and the issues of concern to practice available to researchers. Thus, this handbook affords researchers an excellent opportunity to learn more about actual techniques and enables practitioners to benefit from the latest research in the field.
