negotiation processes for problem solving aspen casebook

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Negotiation

Author : Carrie J Menkel-Meadow
ISBN : 9781454818915
Genre : Law
File Size : 26. 46 MB
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A distinguished team of leaders in the field of dispute resolution offers a thorough treatment of negotiation skills, ethics, and problem-solving techniques. Comprehensive and current, Negotiation: Processes for Problem Solving covers the theory, skills, ethical issues, and legal and policy analyses relevant to all key areas of negotiation practice. Carefully selected cases are supported by key readings, from critical articles and empirical studies to statutes and regulations. An extensive Teacher’s Manual delivers problems, role-plays, sample syllabi, notes, and lists of supplemental materials. New research is distilled for use by law students and practicing lawyers. New and complex examples from international negotiation problems come from both private and public environments. The Second Edition explores new forms of complex negotiation in international, multi-party and diverse settings and considers negotiators as problem-solving lawyers. The text is perfectly suited to free standing negotiation courses in American and foreign law schools. New problem sets appear in the text, and new simulations are found in the Teacher's Manual Features: a thorough treatment of negotiation skills, ethics, and problem-solving techniques comprehensive, current coverage theory skills ethical issues legal and policy analyses relevant to all key areas of negotiation practice distinguished authors are leaders in the field of dispute resolution carefully selected cases supported by key readings, from critical articles and empirical studies to statutes and regulations problems role-plays sample syllabi notes lists of supplemental materials Thoroughly updated, the revised Second Edition presents: latest interdisciplinary approaches to negotiation, including new empirical studies on-line negotiation social and cognitive psychology gender and negotiation, and multiple party negotiation new negotiation research distilled for law students and practicing lawyers deeper discussion of negotiators as problem-solving lawyers new and complex examples from international negotiation problems in both private and public environments new forms of complex negotiation in international, multi-party, and diverse settings Excellent for use in free-standing negotiation courses in American and foreign law schools.

Negotiation

Author : Russell Korobkin
ISBN : 9781454846109
Genre : Law
File Size : 73. 93 MB
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Unlike other books that focus on the nuts-and-bolts of the negotiation process, this text’s conceptual approach draws on psychology, cutting-edge scholarship, and law to create an analytical framework with which students can learn to think about negotiation strategy before applying the framework to specific negotiation problems and contexts. Features: Restructured treatment of the psychology of persuasion Part III framed to emphasize the critical importance of the relationship between negotiators Treatment of “trust” expanded with more discussion of extensive experimental data New treatment of the how to deal with the negative emotions that result from conflict Completely new simulations added to reinforce bargaining zone analysis, persuasion techniques, coping with emotions, and principal-agent relationships in negotiation

Dispute Resolution

Author : Stephen B. Goldberg
ISBN : 9781454822912
Genre : Law
File Size : 70. 61 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.

Dispute Resolution

Author : Carrie Menkel-Meadow
ISBN : 0735589194
Genre : Law
File Size : 85. 97 MB
Format : PDF
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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.

Betting The Company

Author : Andrew Trask
ISBN : 9780199323982
Genre : Law
File Size : 51. 96 MB
Format : PDF
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Where the fate of a company is on the line in a negotiation, legal and business teams must work seamlessly to reach a successful conclusion. Unfortunately, there's often a gap between lawyers, who are typically untrained in business strategy, and business executives, who lack basic knowledge of contract law and regulations. In Betting the Company: Complex Negotiation Strategies for Law and Business, Andrew Trask and Andrew DeGuire offer a thorough introduction to enable lawyers and business people to understand the theoretical concepts and to apply practical tools to conduct a successful, multi-faceted negotiation. The authors, both of whom have extensive experience conducting high-stakes negotiation, explain the different strategic considerations negotiators face, from the pressures on individuals representing a larger group to the difficulties that arise from clashes of corporate culture. They also discuss the specific challenges raised by negotiations that involve multiple parties, multiple issues, and take place over longer periods of time. Throughout this illuminating book, Trask and DeGuire provide concrete, practical advice on how best to guide companies through the most difficult negotiations.

Lawyer Negotiation

Author : Jay Folberg
ISBN : 9781454876014
Genre : Law
File Size : 62. 69 MB
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Designed to prepare law students to negotiate knowledgeably and successfully as lawyers representing clients, Lawyer Negotiation: Theory, Practice, and Law, Third Edition, features an integrated approach that combines theory, skills, negotiation strategy, ethics, and law. A very readable, interesting, 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 and provocative questions throughout the text raise practical negotiation challenges and policy issues. Excerpts from other leading authors are included, allowing for diverse ideas to be presented on negotiation techniques, and eliminating the need for supplemental material. In addition, examples are included from cases, literature, and the authors' files. Key Features: Retains the same popular format as previous editions while incorporating user recommendations. Updated and new excerpts from leading experts presenting different views on practice challenges. Fresh notes and examples. Additional coverage on causes of conflict, heuristics, the role of emotions, and decision science. New material on telephone, email, and cyber negotiation More helpful advice for effectively representing clients and negotiating in mediation

Mediation

Author : Carrie J Menkel-Meadow
ISBN : 9781454818878
Genre : Law
File Size : 47. 26 MB
Format : PDF
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Mediation: Practice, Policy, and Ethics provides a comprehensive and current introduction to the world of mediation, including law and policy, case examples, and practice guidelines for mediators and attorney representatives. Leading scholars and award-winning teachers in the field present critiques of mediation as well as its promise and potential. Their practical, problem-solving approach includes both analytical and behavioral approaches in varying gender, race, and cultural contexts. The text can be used for lawyer-mediators, lawyer-representatives in mediation, and non-lawyer mediators. An extensive Teacher’s Manual offers suggested syllabi, teaching notes, simulations, discussion pointers, and exam and paper suggestions for each chapter. The Second Edition showcases recent case developments in mediation and adds selections from the latest law review and practical writings on new forms and applications of the processes. New material on cultural diversity also includes coverage of international and intercultural mediation. New problem sets appear in the text, and new simulations are found in the Teacher's Manual. Features: comprehensive current coverage of mediation law and policy case examples practice guidelines for mediators and attorney representatives authors are leading scholars and award-winning teachers in this area presents critiques of mediation as well as its promise and potential practical, problem-solving approach both analytical and behavioral approaches varying gender, race, and cultural contexts can be used across the field lawyer-mediators lawyer-representatives in mediation non-lawyer mediators suggested syllabi teaching notes simulations discussion pointers exam and paper suggestions for each chapter Thoroughly updated, the revised Second Edition presents: recent case developments in mediation and related processes selections from latest law review and practical writings on new forms and applications of mediation processes new materials on cultural diversity and international and intercultural mediation

Mediation Representation

Author : Harold I. Abramson
ISBN : 9781454838272
Genre : Law
File Size : 64. 68 MB
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The original, highly accessible text in Mediation Representation: Advocating as a Problem-Solver highlights critical choices and explores every step of the process, from advising clients on the mediation option through preparing cases for the session to appearing in pre-mediation conferences, sessions, and post-sessions. Students learn how to effectively present opening statements and represent clients in joint sessions. Techniques for overcoming impasses, dealing with emotions, and resolving moneyed disputes are explored, and consideration is given to generating forward movement in the process while uncovering creative solutions. Mediation Representation: Advocating as a Problem-Solver navigates mediation-related legal and ethical issues and considers alternative processes for resolving unsettled issues. A culturally neutral framework allows for representing diverse clients. Helpful appendixes are included that cover decision-trees, sample agreements, active listening, and effective questioning. Features: original, accessible text that highlights critical choices in mediation covers every step of the process advising clients on the mediation option preparing cases and clients for the mediation session appearing in pre-mediation conferences, sessions, and post-sessions shows how to effectively present opening statements and represent clients in joint sessions presents techniques for overcoming impasses, dealing with emotions, and resolving moneyed disputes considers how to generate movement and uncover creative solutions navigates mediation-related legal and ethical issues considers alternative processes for resolving unsettled issues provides a culturally neutral framework for representing diverse clients includes helpful appendixes on decision-trees, sample agreements, active listening, and effective questioning

The Practice Of Mediation

Author : Douglas N. Frenkel
ISBN : 9781454821434
Genre : Law
File Size : 50. 23 MB
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First published in 2008,The Practice of Mediation: A Video-Integrated Text was the first book to combine in-depth textual analysis of the mediation process with videos illustrating the stages of the mediation process and the many constituent skills of effective mediators. Written in a highly accessible and conversational style, the text provides students a sophisticated understanding of the negotiation process and the barriers to conflict resolution. Accompanied by video of three unscripted mediated disputes, based on actual cases, the presentation allows students to see what they are reading about, preparing them for all major approaches to mediation. The Second Edition of this widely adopted text contains new and expanded coverage of on-line mediation, cross-cultural mediation and co-mediation, as well as new, non-legal examples of the use of mediation. It includes a revised and expanded discussion of effective persuasion and problem solving, based on cutting edge social science research findings. And it expands the video content from 6 to 7 hours, by including a new, full-length video of the text s high-conflict child custody study, illustrating the stages of the process in sequence. Features of The Practice of Mediation: Accessible, conversational style. Provides students with a sophisticated conceptual understanding of the negotiation process and the cognitive, psychological and strategic barriers to conflict resolution. Teaches about the mediation process from the inside out, breaking down the skills of effective mediation into their component parts. Offers close analysis of major ethical and role issues that mediators encounter. Prepares students for all of the major approaches to mediation. Includes a self-contained chapter with video extracts on representing clients in mediation Includes seven hours of online video, depicting nine professional mediators, with different backgrounds and orientations, mediating three different cases, often with very different results. The video extracts are fully integrated with the text, enabling students to see what they are reading about as they read it. The online video saves precious classroom time, allowing viewing and analysis outside of class. The three cases depicted in the video are based on real, mediated disputes: A child custody case. A small-claims consumer dispute between a homeowner and a kitchen contractor. A complex negligence suit filed by a tenant against his former landlord after an intruder robbed him at knifepoint. The video includes an extended comparative example of facilitative and evaluative mediation of the same matter. Mediators and lawyers perform as they would in the actual case. Professional actors portray the role of the disputants in an extremely realistic fashion.

International Law

Author : Jeffrey L. Dunoff
ISBN : 9781454860952
Genre : Law
File Size : 83. 79 MB
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Written by some of the leading International Law scholars in the nation, this casebook employs a unique problem-based approach to examining international issues. Using real life teaching problems, the text explores the processes of international lawmaking with an interdisciplinary approach that goes beyond mere doctrinal explanation. The Fourth Edition includes new court decisions and expanded coverage of international crises. With comprehensive and well-balanced coverage, this casebook provides a captivating context in which students can define and understand contemporary international law.

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