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Evaluative Mediation Is An Oxymoron
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Book Synopsis Mediation Law and Practice by : David Spencer
Download or read book Mediation Law and Practice written by David Spencer and published by Cambridge University Press. This book was released on 2007-02-08 with total page 546 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Towards a Four-Tiered Model of Mediation by : Hugo Luz dos Santos
Download or read book Towards a Four-Tiered Model of Mediation written by Hugo Luz dos Santos and published by Springer Nature. This book was released on 2023-02-13 with total page 222 pages. Available in PDF, EPUB and Kindle. Book excerpt: Underpinned by a hybrid methodology (ranging from social sciences to human sciences), this book parses mediation in four perspectives, which stands as an unparalleled methodological approach so far. Mediation has long been tethered to piecemeal and haphazard approaches, which have flatly failed to capture the gist of the uniqueness of this (often) poorly latched on (and poorly understood) dispute resolution mechanism. This book argues that, in order to fully grasp the richness of such dispute resolution mechanism, mediation must be parsed in four tiers. The first tier is the social dynamics of mediation. The second tier is the cultural dynamics of mediation. The third tier is the legal dynamics of mediation. The fourth tier is the cross-border and cross-cultural dynamics of mediation. Taken together, the four tiers that premise the four-tiered model of mediation seek to unlock the finding in view of which law and social reality are tightly interlocked. In this vein, it is the underlying social reality of a given jurisdiction that should dictate the design of a pre-suit court-connected mandatory mediation with an easy opt-out, a central claim of both social dynamics of mediation (the first tier of the four-tiered model of mediation) and legal dynamics of mediation (the third tier of the four-tiered model of mediation).
Download or read book Mediation Ethics written by Rachael Field and published by Edward Elgar Publishing. This book was released on 2020-05-29 with total page 263 pages. Available in PDF, EPUB and Kindle. Book excerpt: Traditional ideas of mediator neutrality and impartiality have come under increasing attack in recent decades. There is, however, a lack of consensus on what should replace them. Mediation Ethics offers a response to this question, developing a new theory of mediation that emphasises its nature as a relational process.
Book Synopsis Contemporary Issues In Mediation - Volume 1 by : Joel Lee
Download or read book Contemporary Issues In Mediation - Volume 1 written by Joel Lee and published by World Scientific. This book was released on 2016-07-21 with total page 168 pages. Available in PDF, EPUB and Kindle. Book excerpt: Is the need for a power balance still necessary for mediation in the Singapore context?In an increasingly digitised world, what challenges are there for online mediation?Is the distinction between facilitative and evaluative mediation still relevant?These questions, and more, are explored in Contemporary Issues in Mediation, the first ever compilation of essays on mediation topics and issues by top mediation students. Carefully selected and edited by leaders in the mediation and negotiation field Associate Professor Joel Lee from the National University of Singapore Faculty of Law, and Marcus Lim, Executive Director of the Singapore International Mediation Institute, this book is not only a unique addition to local mediation literature but also the first in a new annual series.
Download or read book Mediation written by Carrie Menkel-Meadow and published by Routledge. This book was released on 2018-05-08 with total page 676 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title was first published in 2001. This volume of essays explores the theoretical and jurisprudential bases of mediated forms of dispute resolution, from legal, anthropological, sociological, psychological and political sources. It also presents ongoing disputes about the field itself, including its threat to conventional litigation and justice seeking adjudication, and its promise in providing more humane and tailored solutions to human problems.
Book Synopsis Settlement Agreements in Commercial Disputes by : Richard A. Rosen
Download or read book Settlement Agreements in Commercial Disputes written by Richard A. Rosen and published by Wolters Kluwer. This book was released on 2000-01-01 with total page 2486 pages. Available in PDF, EPUB and Kindle. Book excerpt: With nearly all corporate disputes being resolved in settlements, drafting strong, enforceable settlement agreements is one of the most critical and challenging areas of corporate and commercial law practice today. Yet there has never been a single, comprehensive guide to the complex legal issues involved in negotiating, drafting and enforcing settlement agreements until Settlement Agreements in Commercial Disputes. Here, in two comprehensive volumes, including CD-Rom and forms, top experts offer insights gained from many years of litigation and dispute resolution experience to give you critical tools needed to prepare successful settlements: Sophisticated analysis of the law and its application Detailed planning of effective drafting techniques In-depth coverage of "hot issues," such as multi-party settlements and tax considerations Strategies for handling "special topics," such as tax and environmental concerns A time-saving library of model agreements on disk for a variety of disputes and jurisdictions Extensive case citations And much more Whether you are looking for the best way to handle a particularly troubling issue, or simply want to be sure you have anticipated every legal eventuality, Settlement Agreements in Commercial Disputes will give you the insights, information and guidance needed to prepare settlement agreements that meet your client's or company's objectives.
Book Synopsis Conciliation and Mediation in India by : Gracious Timothy Dunna
Download or read book Conciliation and Mediation in India written by Gracious Timothy Dunna and published by Kluwer Law International B.V.. This book was released on 2022-02-15 with total page 492 pages. Available in PDF, EPUB and Kindle. Book excerpt: Global Trends in Dispute Resolution Series, Volume 11 It can be said that negotiation is about what to do, whereas mediation is about how to do it—how to make sure control is in the hands of the disputants. Although mediation (as well as conciliation) is taking hold in dispute resolution worldwide, among the nations, India shows the strongest signs of interest in developing a pervasive legal mediation culture. In this invaluable book, more than 20 formidable thought leaders with global reputations in dispute resolution describe how mediation is used, and can be used, to resolve different types of disputes in India and international cases. With a focus throughout on the law and procedure applicable to conciliation and mediation in India—addressing the involvement of each of the stakeholders in the process (with relevant hints on practice)—the contributors examine such issues and topics as the following: mediator ethics; court-annexed mediation; institutional mediation; mediating commercial disputes; mediating company, insolvency, and bankruptcy disputes; mediating government disputes; mediating investor-state disputes; mediating family disputes; e-mediation; community mediation and citizen empowerment; mixed-mode dispute resolution; and cross-border enforcement of mediated settlements. Two practice-oriented chapters synthesize the process, techniques, and approaches that experienced mediators and mediation advocates have found to be most valuable in their preparation for a mediation. Included is a detailed commentary on Part III of the Arbitration and Conciliation Act 1996 and the 2018 Singapore Convention on Mediation. There is little doubt that mediation is the dispute resolution choice of the next-generation lawyer. Present-day lawyers, judges, and users are becoming increasingly convinced that early conflict resolution through facilitated negotiations avoids the pitfalls of adversarial modes of dispute resolution, especially in terms of user satisfaction. This book takes into account where India stands at present, covering statutes, international conventions, and academic literature, thus bequeathing a broad understanding of the subject for legal practitioners, judges, arbitrators, mediators and conciliators, users, and technical experts who wish to understand it.
Book Synopsis Mediation in the Construction Industry by : Penny Brooker
Download or read book Mediation in the Construction Industry written by Penny Brooker and published by Routledge. This book was released on 2010-07-19 with total page 252 pages. Available in PDF, EPUB and Kindle. Book excerpt: The application of construction dispute procedures has changed dramatically in the last decade. This has resulted in an increased use of Alternative Dispute Resolution in many countries, and mediation in particular. Construction is one of the major industries using mediation, in the UK and in many other countries such as the US, China, Australia and New Zealand. This expansion in mediation has been helped by encouragement from governments, although it takes diverse forms in different legal jurisdictions, for example: court rules to encourage this use (as in the US and UK); the courts’ own mediation schemes or programmes, or legislation-backed programmes; or the use of industry driven mediation clauses in standard form contracts. These developments have taken place extremely rapidly. They represent significant changes to the legal environment within which the international construction industry conducts its business but, to date, there has been little research on their impact. All these initiatives have inevitably led to a developing legal jurisprudence concerned with the validity of contract clauses or with providing statutory interpretation of the rules requiring or governing practice. This has important consequences for the construction industry because legal uncertainty increases the likelihood of dispute, which is not only costly for the disputants but can be damaging to national and global economies. This book identifies the emerging international practices within construction mediation, and seeks solutions to the many legal and commercial challenges which they pose. It presents an international collection of reviews by experts, and allows a comparative commentary on the practice of construction mediation and the legal challenges facing its development.
Book Synopsis Mediation Advocacy by : Stephen Walker
Download or read book Mediation Advocacy written by Stephen Walker and published by Bloomsbury Publishing. This book was released on 2018-10-18 with total page 509 pages. Available in PDF, EPUB and Kindle. Book excerpt: Are you getting the best out of mediation? Written by an active practising mediator, Mediation Advocacy: Representing and Advising Clients in Mediation takes you inside the mediation process, from the initial consideration of mediation to settlement and beyond. Drawing on current practical experience and the latest behaviour research in clear readable language it deals with the legal, financial, psychological and practical dimensions of mediation. A 'how to do it' guide for anyone attending mediations as representatives, clients, experts or mediators, the fully revised, restructured and updated Second Edition includes: - New chapters on: -- Cross cultural issues – what to say and do and what not to say and do. With examples that you can use -- Online Mediation – explains the differences when mediating by phone or via a video link. Tips and tricks to help you get started -- Developing your practice as a mediation advocate: people are making money as specialists. Learn how to do it - Increased emphasis on how to conduct a negotiation in mediations - Expanded chapters on mind traps and the effect of cognitive biases on decision-making - New material on how to speak and present at mediations. Includes exercises to put you in the right mental and physical state on the day - Improved visuals and flow charts - Worked examples of risk analysis - Updated scripts for advocates and clients to use in joint sessions - Dedicated sections on self-advocacy – for those who are going to mediation without their lawyer
Book Synopsis Global Trends in Mediation by : Nadja Marie Alexander
Download or read book Global Trends in Mediation written by Nadja Marie Alexander and published by Kluwer Law International B.V.. This book was released on 2006-01-01 with total page 514 pages. Available in PDF, EPUB and Kindle. Book excerpt: In its first edition, Global Trends in Mediation was the first book to concentrate on mediation from a comparative perspective - reaching beyond the all-too-familiar Anglo-American view - and as such has enjoyed wide practical use among alternative dispute resolution (ADR) practitioners worldwide. This new edition has not only been updated throughout; it has also added two new jurisdictions (France and Quebec) and a very useful comparative table summarising the salient points from each of the fourteen jurisdictional chapters. Each jurisdictional chapter addresses critical structural and process issues in alternative dispute resolution such as the institutionalisation of mediation, mediation case law and legislation, the range and nature of disputes where mediation is utilised, court-related mediation, mediation practice standards, education, training and accreditation of mediators, the role of lawyers in mediation, online dispute resolution and future trends. All the contributors are senior dispute resolution academics or practitioners with vast knowledge and experience of dispute resolution developments in their countries and abroad.
Book Synopsis A Theory of Mediators' Ethics by : Omer Shapira
Download or read book A Theory of Mediators' Ethics written by Omer Shapira and published by Cambridge University Press. This book was released on 2016-03-14 with total page 499 pages. Available in PDF, EPUB and Kindle. Book excerpt: Omer Shapira proposes and justifies a theory of mediators' ethics which guides mediators' conduct and applies to mediators at large.
Book Synopsis Court Mediation Reform by : Shahla F. Ali
Download or read book Court Mediation Reform written by Shahla F. Ali and published by Edward Elgar Publishing. This book was released on 2018-03-30 with total page 237 pages. Available in PDF, EPUB and Kindle. Book excerpt: As judiciaries advance, exploring how court mediation programs can provide opportunities for party-directed reconciliation whilst ensuring access to formal legal channels requires careful investigation. Court Mediation Reform explores comparative empirical findings in order to examine the association between court mediation structure and perceptions of justice, efficiency and confidence in courts.
Book Synopsis FAQs for Mediators by : Stephen Walker
Download or read book FAQs for Mediators written by Stephen Walker and published by Bloomsbury Publishing. This book was released on 2017-12-01 with total page 395 pages. Available in PDF, EPUB and Kindle. Book excerpt: What do I do now? Every mediator asks themselves this. Answering 50 common ethical, practical and technical problems that arise at mediations, with key practice points highlighted in Q&A format. Topics include: Impartiality: You arrive at the mediation and suddenly realise that you know one of parties. What do you do? Joint Opening Sessions: One side wants one the other doesn't. What do you do? Bad behaviour: One party is secretly recording the mediation. What do you do? Offers: Neither side will make an offer. They both say they want to hear from the other side first. What do you do? Stages covered: Pre-mediation At the mediation The End of the Mediation and After Each entry includes: The core issues behind the question Case studies of authentic, anonymized, true-life examples The ethical, legal, procedural and commercial issues highlighted and explained in straightforward language Advice on your options: proven tips for immediate use Checklists, sample emails, scripts and templates. Cross-references to cases, protocols, codes of conduct.
Book Synopsis The Corporate Counsel's Guide to Mediation by : Gary P. Poon
Download or read book The Corporate Counsel's Guide to Mediation written by Gary P. Poon and published by American Bar Association. This book was released on 2010 with total page 148 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is designed to help corporate counsel successfully settle commercial disputes through mediation. It examines the unique role that corporate counsel can play in mediation and offers step-by-step guidance. Topics include: an overview of the mediation alternative for corporate counsel; drafting mediation clauses; court-directed mediations; selecting the right mediator; preparing a case for mediation; participating in the mediation sessions; follow-up action after the mediation; and cross-cultural mediations.
Book Synopsis ALI-ABA's Practice Checklist Manual on Advising Business Clients II by :
Download or read book ALI-ABA's Practice Checklist Manual on Advising Business Clients II written by and published by ALI-ABA. This book was released on 2000 with total page 354 pages. Available in PDF, EPUB and Kindle. Book excerpt: Disk contains forms and checklists from the printed text.
Download or read book Mediation Law written by Penny Brooker and published by Routledge. This book was released on 2013-10-23 with total page 402 pages. Available in PDF, EPUB and Kindle. Book excerpt: In England mediation became a key part of the civil justice reform agenda after the Woolf Reforms of 1996, as disputants were deflected from litigation towards settlement outside the court system. The Civil Procedure Rules (CPR) give courts the power to ‘encourage’ mediation through judicial case management or use stronger measures by using costs to penalise parties who act unreasonably by refusing to use ADR or mediation. One of the effects of this institutionalisation is an emerging case law that defines how mediation is practiced as it is merges with the litigation process. When mediation first began to be used in England the parties either agreed to mediate by a contract before a dispute happened or decided to attempt the process as a way of resolving disagreements. Inevitably, some disputants either refused to abide by their contractual obligations or would not follow through with the settlement agreements reached through the process. This brought the authority of the law into a new area and the juridification process began. This book explores how mediation law shapes the practice of mediation in the English jurisdiction. It provides a comprehensive examination of the legal framework for mediation, and explores the jurisprudence in order to analyse the extent that institutionalisation by the state and courts has led to the monopolisation by lawyers and a further ‘juridification’ process results. The book includes a comparative legal methodology on the framework underpinning mediation practise in other common law jurisdictions, including the United States, Australia, and Hong Kong, in order to explicate shared or distinctive approaches to mediation. The book will be of great interest to academics and students of legal theory and dispute resolution.
Book Synopsis Setting Up in Business as a Mediator by : Stephen Walker
Download or read book Setting Up in Business as a Mediator written by Stephen Walker and published by Bloomsbury Publishing. This book was released on 2020-03-06 with total page 427 pages. Available in PDF, EPUB and Kindle. Book excerpt: You want to be a mediator, but how do you get started? How do you build your business? How do you make money from being a full-time mediator? Setting Up in Business as a Mediator provides you with the answers to these questions. Whether new to mediation and wanting to start a business as a full-time mediator, or an experienced mediator wanting to develop and grow an existing business, Setting Up in Business as a Mediator has hands-on advice for every stage of a mediator's career and is full of essential information on how mediators can get started in business and grow their existing practice. Restructured, revised and fully updated the new 2nd edition shows: - How to become accredited - How to find a market - The secrets of a good profile - Hints for great blogging - How to set up a website - The best times to tweet - What not to post on LinkedIn and Facebook - How to overcome objections and rejection Packed with helpful tips and guidance, checklists, self-audits, templates, scripts and real life examples, this book aims to get mediators thinking, prompting answers to the following questions, and more: - Why are they doing mediation? - How many mediations a year do they want to be doing in three years' time? - How much money, time and effort do they need to invest to get there? - What do they need to charge? - Why would they choose themselves as a mediator?
