Lawyers, Crown counsels, district attorneys, and paralegals are often tasked with managing negotiation and conflict resolution in the courtroom; however, very little theory or literature surrounding this specialization exists. This handbook effectively closes these gaps and extensively discusses theories of negotiation and conflict resolution in criminal practice. Part one discusses communicating effectively and appropriately with clients, court staff, and opposing counsel by identifying and establishing cultural competence, rapport, and nonverbal cues. Part two identifies alternative processes in negotiation and conflict resolution including victim-offender mediation and retroactive justice, while part three covers career development in areas such as managing challenging clients and developing strategies for dealing with high-stress scenarios. This ground-breaking resource is well suited to students in a wide variety of courses that specialize in negotiation and conflict resolution including criminal justice, law, paralegal, police studies, or criminology.
"Lawyers, Crown counsels, district attorneys, and paralegals are often tasked with managing negotiation and conflict resolution in the courtroom; however, very little theory or literature surrounding this specialization exists. This handbook closes these gaps by discussing theories of negotiation and conflict resolution in criminal practice. Part one covers communicating effectively and appropriately with clients, court staff, and opposing counsel by identifying and establishing cultural competence, rapport, and nonverbal cues. Part two identifies alternative processes in negotiation and conflict resolution, including victim-offender mediation and retroactive justice. Part three touches on career development in areas such as managing challenging clients and developing strategies for dealing with high-stress scenarios."--
The purchase of this ebook edition does not entitle you to receive access to the Connected eBook on CasebookConnect. You will need to purchase a new print book to get access to the full experience including: lifetime access to the online ebook with highlight, annotation, and search capabilities, plus an outline tool and other helpful resources. Designed to prepare law students to negotiate knowledgably and successfully as lawyers representing clients, Lawyer Negotiation: Theory, Practice, and Law, Fourth Edition features an integrated approach that combines theory, skills, negotiation strategy, ethics, and law. A sleek, readable, and lively text for any law school Negotiation course, this book reflects the authors’ experience as negotiators, mediators, ADR teachers, and trainers. Interesting notes, thoughtful problems, provocative questions, and new video resources throughout the text raise practical negotiation challenges and policy issues. The focus is on negotiating legal claims and issues on behalf of clients. Previous editions have proven popular because of the very readable and lively text, interesting notes, thoughtful problems, and provocative questions that raise practical negotiation challenges and issues, which are updated in this new edition. Carefully curated excerpts from other leading authors are included, allowing for diverse ideas to be presented on negotiation techniques and eliminating the need for supplemental material. Vivid examples are included from real cases and literature, which bring negotiation concepts and applications to life. The book is designed for experiential, interactive teaching utilizing provided role-plays, exercises, problems, and streaming video examples. In addition to direct negotiation, how to advantageously use assisted negotiation in the form of mediation advocacy is included. New to the Fourth Edition: Fresh material and perspective benefiting from a new co-author Each chapter has been updated with new insights and examples More video-based examples, problems, and resources—linked video excerpts can now be streamed showing different negotiation styles and techniques Streamlined presentation of outside excerpts Greater coverage of distance negotiation, including email and remote contexts Increased focus on #MeToo, gender, social activism, historical inequities, anti-racism, cultural and style differences, online negotiation, technological advances, and other crucial issues affecting negotiation and dispute resolution today Excerpts have been condensed or summarized to shorten reading assignments, allowing more time for experiential learning Professors and student will benefit from: Step-by-step 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 as negotiators Practice-based approach which helps students apply the concepts Exercises and accompanying role-plays that facilitate classroom discussion Assessment tools to aid in student learning and understanding Videos that show experienced lawyers, negotiators, and mediators performing role plays
"This book is the first textbook of its kind that covers all of the processes through which criminal cases are resolved in the United States beyond trials. Negotiating Crime brings together criminal procedure, current policy debates, and dispute resolution concepts to examine the practice of criminal law in the 21st century. The first half of the book is devoted to plea bargaining, first covering the basic caselaw, practice, policy concerns, and reform proposals. In addition, this section explains negotiation theory and applies it to the practice of plea bargaining. The second half of the book covers problem solving and therapeutic justice courts, including drug courts and mental health courts; restorative justice; and juvenile justice"--
′The SAGE Handbook of Conflict Resolution demonstrates the range of themes that constitute modern conflict resolution. It brings out its key issues, methods and dilemmas through original contributions by leading scholars in a dynamic and expanding field of inquiry. This handbook is exactly what it sets out to be: an indispensable tool for teaching, research and practice in conflict resolution′ - Peter Wallensteen, Professor of Peace and Conflict Research, Uppsala University and University of Notre Dame ′Bercovitch, Kremenyuk and Zartman are among the most important figures in the conflict resolution field. They have pieced together, with the help of more than 35 colleagues from numerous countries, a state-of-the-art review of the sources of international conflict, available methods of conflict management, and the most difficult challenges facing the individuals and organizations trying to guide us through these conflict-ridden times. The collection is brimming with penetrating insights, trenchant analyses, compelling cases, and disciplined speculation. They help us understand both the promise of as well as the obstacles to theory-building in the new field of conflict resolution′ - Lawrence Susskind, Professor and Director of the MIT - Harvard Public Disputes Program ′The last three sentences of this persuasive book: "We conclude this volume more than ever convinced that conflict resolution is not just possible or desirable in the current international environment. It is absolutely necessary. Resolving conflicts and making peace is no longer an option; it is an intellectual and practical skill that we must all posses." If you are part of that "we," intellectually or professionally, you will find this book a superb companion′ - Thomas C Schelling, Professor Emeritus, Harvard University and University of Maryland Conflict resolution is one of the fastest-growing academic fields in the world today. Although it is a relatively young discipline, having emerged as a specialized field in the 1950′s, it has rapidly grown into a self-contained, vibrant, interdisciplinary field. The SAGE Handbook of Conflict Resolution brings together all the conceptual, methodological and substantive elements of conflict resolution into one volume of over 35 specially commissioned chapters. The Handbook is designed to reflect where the field is today by drawing on the contributions of experts from different fields presenting, in a systematic way, the most recent research and practice. Jacob Bercovitch is Professor of International Relations, and Fellow of the Royal Society, at the University of Canterbury in Christchurch, New Zealand. Victor Kremenyuk is deputy director of the Institute for USA and Canada Studies, Russian Academy of Sciences, Moscow. He is also a research associate at IIASA. I. William Zartman is Jacob Blaustein Professor of Conflict Resolution and International Organization at the Nitze School of Advanced International Studies of Johns Hopkins University
"Lawyers, Crown counsels, district attorneys, and paralegals are often tasked with managing negotiation and conflict resolution in the courtroom; however, very little theory or literature surrounding this specialization exists. This handbook closes these gaps by discussing theories of negotiation and conflict resolution in criminal practice. Part one covers communicating effectively and appropriately with clients, court staff, and opposing counsel by identifying and establishing cultural competence, rapport, and nonverbal cues. Part two identifies alternative processes in negotiation and conflict resolution, including victim-offender mediation and retroactive justice. Part three touches on career development in areas such as managing challenging clients and developing strategies for dealing with high-stress scenarios."--
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.
Dispute resolution : what it's all about -- Negotiation and conflict : the big picture -- Perception, fairness, psychological traps, and emotions -- Negotiator styles -- Negotiation dance : step by step -- Gender, culture, and race -- Negotiating ethics -- The law of negotiation -- An overview of mediation : the big picture -- A deeper look into the process -- Representing clients : preparation -- Representing clients : during the process -- Specific applications -- Court-connected mediation and fairness concerns -- The law and of mediation -- Ethical issues for advocates and mediators -- Arbitration : the big picture -- Arbitration agreements -- Selecting arbitrators -- Arbitration procedures and awards -- The law of arbitration : judicial enforcement of arbitration agreements -- Judicial enforcement of arbitration awards -- Fairness in arbitration, part I : employment, consumer, and adhesion contracts -- Fairness in arbitration, part II : Recent legislative and judicial developments -- Mixing and matching the process to the dispute -- Dispute resolution design : stepped clauses and conflict management systems -- Looking ahead : opportunities and challenges in ADR and conflict management
This best-selling casebook has already helped thousands of students master the fundamentals of dispute resolution. With its broad, comprehensive coverage & direct, accessible approach, DISPUTE RESOLUTION: Negotiation, Mediation, & Other Processes, Third Edition, is ideally suited for use in the traditional ADR survey course. For each of the three main branches of alternative dispute resolution negotiation, mediation, & arbitration the authors: critically examine the branch & its "hybrid" offshoots present careful explanations giving students a solid foundation for future practice describe & analyze applications & their appropriate environments present hypothetical exercises that allow students to evaluate the technique Scrupulously updated for its Third Edition, DISPUTE RESOLUTION: Negotiation, Mediation, & Other Processes now offers: new social science findings on the effectiveness of mediation new coverage of mediation regulation a new section on mediation in the context of cultural differences more detailed treatment of ethics issue timely material on malpractice liability & non-union arbitration a new appendix providing a Research Guide to ADR new problems of the same high quality the book has always represented For the latest coverage of the most important issues in ADR, you can depend on Goldberg, Sander, & Rogers & their proven-effective casebook, which is accompanied by a solid Teacher's Manual.
