alternative dispute resolution in a nutshell

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Alternative Dispute Resolution In A Nutshell

Author : Jacqueline M. Nolan-Haley
ISBN : 0314285326
Genre : Law
File Size : 27. 75 MB
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This title presents a concise summary of alternatives to the court adjudication of disputes. On-point discussion facilitates an understanding of the wide variety of options available that can better suit a client's needs, such as negotiation, mediation, arbitration, and various hybrids such as arb-med, med-arb, consensus-building as well as court-connected processes. Particular attention is focused on the legal and ethical issues associated with negotiation, mediation and arbitration. Each chapter contains a bibliography. This is a must read for anyone interested in the field of dispute resolution.

Alternative Dispute Resolution In A Nutshell

Author : Jacqueline M. Nolan-Haley
ISBN : 0314180141
Genre : Law
File Size : 44. 43 MB
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This comprehensive guide provides an overview of alternative dispute resolutions and settlements. This Nutshell presents alternatives to dispute resolutions that go beyond the "one size fits all" litigation mentality. On-point discussion facilitates an understanding of the wide variety of options available that can better suit a client's needs, such as negotiation, mediation, and arbitration.

Alternative Dispute Resolution In A Nutshell

Author : Jacqueline M. Nolan-Haley
ISBN : 0314007814
Genre : Arbitration and award
File Size : 58. 6 MB
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Negotiation: Mediation; Arbitration; Dispute Resolution in the Court System: Hybrid Dispute Resolution Procedures.

Arbitration In A Nutshell

Author : Thomas E. Carbonneau
ISBN : 0314911375
Genre : Law
File Size : 24. 98 MB
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The Nutshell on Arbitration Law is a concentrated summary of all the major aspects of the U.S. law of arbitration. It addresses the major facets of the law---for example, freedom of contract, federal preemption, and wide-ranging arbitrability---with a thorough sense of the relevant case law and the ultimately applicable legal rules. It identifies the various forms of arbitration---labor, commercial, employment, consumer, and securities---with a full awareness of their unifying characteristics and the features that make them unique. The volume also states the various dimensions of the current debate about arbitration within the court system and the legislature. In particular, the book highlights the instrumental role of the U.S. Supreme Court in bringing arbitration to a new day. The book is concise and complete---a must red for anyone interested in arbitration.

How To Mediate Like A Pro

Author : Mary Greenwood
ISBN : 9780595469628
Genre : Law
File Size : 25. 51 MB
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For over twenty-five years, Author Mary Greenwood has been resolving disputes in her professional career as an Attorney, Mediator, Human Resources Director, Union Negotiator, and Labor Arbitrator. Her book how to Negotiate Like a Pro, Which has won six book awards, was based on her experience as a Union Negotiator, the sequel how to Mediate Like a Pro is based on her experience as a Mediator in over 7000 cases. Greenwood noticed that there were certain Rules or characteristics of the cases that settled that were not present in the cases that did not settle. Greenwood lists each Rule and Script and offers a concise explanation on how and when to use it in Mediation. How to Mediate Like a Pro presents strategles and practical tips for the Mediation process it will give you insight on how to deal with difficult parties how to break an impasse and how to close the deal. After you read this book, you will be able to Mediate Like A Pro.

Principles Of Alternative Dispute Resolution

Author : Stephen J. Ware
ISBN : STANFORD:36105134481360
Genre : Law
File Size : 85. 93 MB
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Provides a clear and reliable statement of the law and concepts central to ADR (arbitration, negotiation, mediation and other processes). Its thorough coverage of arbitration law renders this challenging and rapidly-changing body of statutes and caselaw accessible to the student. The chapters on negotiation and mediation treat the subjects from the perspectives of theory, practice and legal doctrine.

Dispute Resolution

Author : Stephen B. Goldberg
ISBN : 9781454822912
Genre : Law
File Size : 27. 86 MB
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This comprehensive casebook 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-as well as the issues raised as these processes are combined, modified and applied. Using classic and contemporary simulations and questions, it allows students to evaluate, critique and practice the various dispute resolution techniques in use today. The Sixth Edition has been updated to reflect recent developments in empirical mediation research, including latest research on what makes a mediator successful. It re-examines the law of arbitration in light of recent U.S. Supreme Court rulings and offers more practice-related issues, questions and exercises- including emerging processes such as mediation-arbitration and online dispute resolution. Hallmark features: Thorough, systematic coverage, moving from overviews to critical analysis, application, evaluation, and practice. Distinguished, experienced author team. Direct, accessible writing. Wealth of simulations and questions that allow students to evaluate, prepare for, and practice, the various dispute resolution techniques ADR Research Guide in appendix. The revised Sixth Edition includes: More practice-related issues. The role and applications of modern technology in ADR. International applications of ADR processes. Updated synthesis of empirical mediation research, including the latest research on what makes a mediator successful. Full re-examination of the law of arbitration in light of recent U.S. Supreme Court rulings on arbitrability, preemption, judicial review, and process. Use of the principles of dispute system design as an organizing theme for examining variants on basic ADR processes. Updated materials on legal issues related to court orders to use dispute resolution, regulation of mediation, and mediation confidentiality. New questions and exercises, including exercises in mediation-arbitration and online dispute resolution.

How To Negotiate Like A Pro

Author : Mary Greenwood
ISBN : 9780595397334
Genre : Law
File Size : 63. 44 MB
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For over twenty-five years, author Mary Greenwood has worked in careers that required expert negotiation. After becoming a professional union negotiator, she began to notice a specific set of rules people use to settle disputes. Greenwood compiles many of these rules in How to Negotiate Like a Pro: 41 Rules for Resolving Disputes, an easy-to-understand guide to negotiating any type of situation. Among these rules you will find the following: Focus on the goal and resist being distracted by emotions Request ground rules Avoid negotiating against yourself Do your research Know when to walk away Greenwood lists each rule and subsequently offers a concise explanation on how and when to use it in your negotiations. She explains the emotional frame of mind you need for negotiations and reveals the preparations, strategies, and tactics required to close the deal. Telephone and on-line negotiations are also discussed. Whether you're involved in a professional dispute with another business associate, your boss, or even an online seller, How to Negotiate Like a Pro will put you ahead of the game!

Mediation In A Nutshell

Author : Kimberlee K. Kovach
ISBN : 0314908803
Genre : Law
File Size : 50. 63 MB
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This title provides a comprehensive, yet concise examination of the primary aspects of mediation practice. In doing so, the book considers the legal, philosophical, policy and practical issues surrounding mediation use. Matters include issues such as levels of participation in mediation, enforceability of mediated agreements, regulation of practice including ethical concerns, and a survey of the specialized applications of mediation. The extent and limits of confidentiality are examined with consideration of the Uniform Mediation Act. Each chapter also contains an extensive bibliography and listing of leading cases on each subject area.

Dispute Resolution

Author : Carrie Menkel-Meadow
ISBN : 0735589194
Genre : Law
File Size : 21. 47 MB
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Dispute Resolution: Beyond the Adversarial Model, Second Edition, takes a comprehensive look at the current state of Dispute Resolution by incorporating key aspects of the negotiation, mediation, arbitration, and hybrid processes: the theoretical frameworks that define the processes, the skills needed to practice them, the ethical issues implicated in their uses, and the legal and policy analyses surrounding each process. Key features of this casebook, which takes a practical approach to dispute resolution as problem solving, are: authors are among the leading scholars and teachers in the field of Dispute Resolution, recognized for their scholarship, teaching, practice, policy making, and standard drafting comprehensive, current coverage. The theory, skills, ethical issues, and legal and policy analyses relevant to key areas of contemporary DR practice are thoroughly covered using a rich range of up-to-date cases and readings students are engaged as active participants in resolving human and legal problems, using individual or combined resolution processes in varying gender, race, and cultural contexts multi-party and complex issue dispute resolution covered readings balance theory and theory-in-use and include cases, behaviorally and critically based articles, examples, empirical studies, relevant statutory and other regulatory material to illuminate the challenge of balancing rules and laws with the economic and emotional constraints inherent in disputes challenging, relevant readings include a wide range of perspectives, from Fisher, Ury, and Patton's Getting to Yes, Raiffa's Art and Science of Negotiation, and Mary Parker Follett on creative conflict . Key cases include Gilmer v. Interstate/Johnson Lane Corp. and Supreme Court s 2009 arbitration decisions such as Hall Street & Penn Plaza New to the Second Edition: deep and comprehensive coverage in a more compactly edited, shorter form new cases, articles, empirical studies, and other materials in all areas of arbitration, negotiation, mediation, and hybrids ethics, skills, and policy issues combined with law and theory of different processes focus on modern uses of dispute resolution multi-party, in court, private, complex, as well as basic dispute resolution Offering a continued focus on practical problem solving, nested in theory-in-use of different dispute processes, Dispute Resolution: Beyond the Adversarial Model, is an invaluable teaching tool, appropriate for any skills-oriented clinic or class using practicums and simulations.

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