Appellate Mediation

Appellate Mediation

Author: Brendon Ishikawa

Publisher: American Bar Association

Published: 2016

Total Pages: 332

ISBN-13: 9781634253482

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This book on appellate mediation serves as a guide for every appellate judge, lawyer, mediator, professor or student engaged in the practice or study of appellate law.


Mediate, Don't Litigate

Mediate, Don't Litigate

Author: Peter Lovenheim

Publisher: NOLO

Published: 2004

Total Pages: 464

ISBN-13: 1413300308

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Presents an explanation of the mediation process, including choosing a mediator, preparing a case, negotiating, and writing a binding agreement.


Lawyers and Mediation

Lawyers and Mediation

Author: Bryan Clark

Publisher: Springer Science & Business Media

Published: 2012-05-24

Total Pages: 211

ISBN-13: 3642234747

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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.


Unbundled Legal Services

Unbundled Legal Services

Author: Forrest S. Mosten

Publisher: ABA Section of Family Law

Published: 2017

Total Pages: 348

ISBN-13: 9781634259217

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"Focusing on family law practitioners, [this book] is a particularly appropriate resource given the unique promise that unbundling holds for family law litigants. In many jurisdictions, self-representation rates are highest in family cases. But, as any family law attorney (or family court litigant) knows, these are the case types that arguably benefit most from attorney involvement. Family issues are among the most sensitive and pressing matters that enter our civil justice system, and the outcomes of these cases can affect entire families for years to come. This important new book provides a crucial step forward in matching individuals with the family law services they need." -- Publisher's website.


The New Lawyer

The New Lawyer

Author: Julie Macfarlane

Publisher: UBC Press

Published: 2008-05-20

Total Pages: 304

ISBN-13: 0774858192

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Today’s justice system and the legal profession have rendered the “lawyer-warrior” notion outdated, shifting toward conflict resolution rather than protracted litigation. The new lawyer’s skills go beyond court battles to encompass negotiation, mediation, collaborative practice, and restorative justice. In The New Lawyer, Julie Macfarlane explores the evolving role of practitioners, articulating legal and ethical complexities in a variety of contexts. The result is a thought-provoking exploration of the increasing impact of alternative strategies on the lawyer-client relationship, as well as on the legal system itself.


Mediation Law and Practice

Mediation Law and Practice

Author: David Spencer

Publisher: Cambridge University Press

Published: 2007-02-08

Total Pages: 546

ISBN-13: 1316582779

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Mediation Law and Practice gives a thorough account of the practice of mediation from the perspective of the student and practitioner. Divided into two parts, it deals with both the practice of mediation and the law surrounding mediation. Touching on the theory and philosophy behind the practice, it further describes in a theoretical and practical sense the difference between the emerging models of mediation. Mediator qualities are discussed in terms of issues of gender, culture and power. This book examines the important issue of mediation ethics and, taking into account the developing law surrounding the practice, proposes a code of ethics. It looks at the future of mediation in light of the decline in litigation, the rise in regulatory constraints on mediation and the popularity of online mediation. Mediation Law and Practice provides students and practitioners with the complete text on the practice and law surrounding mediation.


Anatomy of a Mediation

Anatomy of a Mediation

Author: James C. Freund

Publisher:

Published: 2012

Total Pages: 0

ISBN-13: 9781402418570

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Hailed as a "one-on-one tutorial by a master of the art" (Former Chief Judge Judith S. Kaye), Anatomy of Mediation walks you step-by-step through author James C. Freund's distinctive "Neutral Negotiator" approach. A legendary attorney and mediator, James C. Freund has amassed his over two decades of experience and success in a single paperback volume to help you effectively mediate every dollar dispute imaginable starting with four expansive hypothetical situations.