Mediation And Authority

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The Powers and Duties of an Arbitrator

Author : Patricia Shaughnessy
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041184147
Total Pages : 466 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis The Powers and Duties of an Arbitrator by : Patricia Shaughnessy

Download or read book The Powers and Duties of an Arbitrator written by Patricia Shaughnessy and published by Kluwer Law International B.V.. This book was released on 2017-04-15 with total page 466 pages. Available in PDF, EPUB and Kindle. Book excerpt: The scope of the arbitrator’s powers in arbitration proceedings has been widely discussed in recent years, but remains understudied. Among prominent international arbitrators, none have focused on this issue more than Dr. Pierre A. Karrer. Dr. Karrer is celebrated here on the occasion of his seventy-fifth birthday by more than thirty leading arbitration practitioners and academics worldwide who have been part of, and have been influenced by, his extensive professional career. Following Dr. Karrer’s primary interests, notably his advocacy of a strong arbitrator role in proceedings as evidenced in his lectures, presentations, and publications as well as in his own arbitrations, the contributions in this book consider such questions as the following: ·What are the sources of an arbitrator’s power? ·What are the limits of an arbitrator’s power? ·Should arbitrators have a role in encouraging settlement? ·May arbitrators regulate and impose sanctions against counsel? ·How managerial should arbitrators be? ·What are the duties and liabilities of arbitrators? ·What is the nature of the arbitrator’s relationship to arbitral institutions? ·Are emergency arbitrators actually ‘arbitrators’? ·Should arbitrators raise issues of arbitrability and public policy ex officio? ·To what extent may arbitrators delegate tasks and use tribunal secretaries? With its in-depth perspectives on the arbitrator’s role, powers, and duties in an arbitration proceeding, and its extensive analysis of some of the most timely and controversial issues in arbitration today, this book offers an abundance of thought-provoking yet also practical commentary and guidance for practitioners and academics in the field of international arbitration and international commercial law.

Guide to WIPO Mediation

Author :
Publisher :
ISBN 13 :
Total Pages : 20 pages
Book Rating : 4.:/5 (28 download)

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Book Synopsis Guide to WIPO Mediation by :

Download or read book Guide to WIPO Mediation written by and published by . This book was released on 1996 with total page 20 pages. Available in PDF, EPUB and Kindle. Book excerpt:

How Mediation Works

Author : Stephen B. Goldberg
Publisher : Emerald Group Publishing
ISBN 13 : 178714223X
Total Pages : 137 pages
Book Rating : 4.7/5 (871 download)

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Book Synopsis How Mediation Works by : Stephen B. Goldberg

Download or read book How Mediation Works written by Stephen B. Goldberg and published by Emerald Group Publishing. This book was released on 2017-04-28 with total page 137 pages. Available in PDF, EPUB and Kindle. Book excerpt: How Mediation Works will introduce management and law students as well as businesses to this art of conflict resolution from the behavioral perspective, while also providing a valuable resource to continuing education programs, mediation training, and lawyers to familiarize clients with the mediation process.

The Client's Guide to Mediation and Arbitration

Author : Peter R. Silverman
Publisher :
ISBN 13 :
Total Pages : 116 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis The Client's Guide to Mediation and Arbitration by : Peter R. Silverman

Download or read book The Client's Guide to Mediation and Arbitration written by Peter R. Silverman and published by . This book was released on 2008 with total page 116 pages. Available in PDF, EPUB and Kindle. Book excerpt: Written for business owners who need to engage in mediation or arbitration who may not be familiar with the concepts or legal aspects of the process. This book will give the business executives the tools they need for their business to win through mediation and arbitration, and save lawyers involved in the process a lot of background and explanation.

Mediation

Author : Nancy H. Rogers
Publisher :
ISBN 13 :
Total Pages : 908 pages
Book Rating : 4.:/5 (44 download)

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Book Synopsis Mediation by : Nancy H. Rogers

Download or read book Mediation written by Nancy H. Rogers and published by . This book was released on 1989 with total page 908 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Mediation Theory and Practice

Author : Suzanne McCorkle
Publisher : SAGE Publications
ISBN 13 : 1506363520
Total Pages : 397 pages
Book Rating : 4.5/5 (63 download)

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Book Synopsis Mediation Theory and Practice by : Suzanne McCorkle

Download or read book Mediation Theory and Practice written by Suzanne McCorkle and published by SAGE Publications. This book was released on 2018-03-23 with total page 397 pages. Available in PDF, EPUB and Kindle. Book excerpt: Mediation Theory and Practice, Third Edition introduces you to the process of mediation by using practical examples that show you how to better manage conflicts and resolve disputes. Authors Suzanne McCorkle and Melanie J. Reese help you to understand the research and theory that underlie mediation, as well as provide you with the foundational skills a mediator must possess in any context, including issue identification, setting the agenda for negotiation, problem solving, settlement, and closure. New to the Third Edition: Expanded content on the role of evaluative mediation reflects the latest changes to the alternative dispute resolution field, helping you to distinguish between various approaches to mediation. Additional discussions around careers in conflict management familiarize you with employment opportunities for mediators, standards of professional conduct, and professional mediator competencies. New activities and case studies throughout each chapter assist you in developing their mediation competency.

Appellate Mediation Program

Author : United States. Court of Appeals (District of Columbia Circuit)
Publisher :
ISBN 13 :
Total Pages : 16 pages
Book Rating : 4.:/5 (4 download)

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Book Synopsis Appellate Mediation Program by : United States. Court of Appeals (District of Columbia Circuit)

Download or read book Appellate Mediation Program written by United States. Court of Appeals (District of Columbia Circuit) and published by . This book was released on 1992 with total page 16 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Appellate Mediation

Author : Brendon Ishikawa
Publisher : American Bar Association
ISBN 13 : 9781634253482
Total Pages : 332 pages
Book Rating : 4.2/5 (534 download)

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Book Synopsis Appellate Mediation by : Brendon Ishikawa

Download or read book Appellate Mediation written by Brendon Ishikawa and published by American Bar Association. This book was released on 2016 with total page 332 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Basic Skills for the New Mediator

Author : Allan H. Goodman
Publisher :
ISBN 13 :
Total Pages : 120 pages
Book Rating : 4.0/5 ( download)

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Book Synopsis Basic Skills for the New Mediator by : Allan H. Goodman

Download or read book Basic Skills for the New Mediator written by Allan H. Goodman and published by . This book was released on 2005 with total page 120 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a detailed overview of mediation, from the premediation conference through all stages of the mediation session. It guides the new mediator through the mediation process by answering the one hundred questions most frequently asked by new mediators. The book has been used successfully for self-instruction and as a training manual. Experienced mediators and attorneys who represent clients in mediation will also find this book extremely useful. The Appendix 'Everything You Never Wanted to Know About the Rules of Evidence' is especially valuable for the non-attorney mediator, who must often deal with the evidentiary vocabulary of the legal profession. You will learn to establish your authority as a mediator, schedule the mediation session, deliver the mediator's opening statement, prioritise issues, preside during joint sessions, conduct private caucuses, overcome impasses, identify 'hidden agenda' and 'throwaway' items, deal with parties who lack settlement authority, and aid parties to achieve a viable settlement.

State Authorities Engaged in Mediation and Conciliation Activities

Author : Flora Young Hatcher
Publisher :
ISBN 13 :
Total Pages : 36 pages
Book Rating : 4.:/5 (31 download)

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Book Synopsis State Authorities Engaged in Mediation and Conciliation Activities by : Flora Young Hatcher

Download or read book State Authorities Engaged in Mediation and Conciliation Activities written by Flora Young Hatcher and published by . This book was released on 1947 with total page 36 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Mediation & Arbitration for Lawyers

Author : Peter d'Ambrumenil
Publisher : Routledge
ISBN 13 : 1135352399
Total Pages : 161 pages
Book Rating : 4.1/5 (353 download)

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Book Synopsis Mediation & Arbitration for Lawyers by : Peter d'Ambrumenil

Download or read book Mediation & Arbitration for Lawyers written by Peter d'Ambrumenil and published by Routledge. This book was released on 1997-01-18 with total page 161 pages. Available in PDF, EPUB and Kindle. Book excerpt: First published in 1997. Routledge is an imprint of Taylor & Francis, an informa company.

Mediation Representation

Author : Harold I. Abramson
Publisher : Ntl Inst for Trial Advocacy
ISBN 13 : 9781556818219
Total Pages : 476 pages
Book Rating : 4.8/5 (182 download)

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Book Synopsis Mediation Representation by : Harold I. Abramson

Download or read book Mediation Representation written by Harold I. Abramson and published by Ntl Inst for Trial Advocacy. This book was released on 2004 with total page 476 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Dispute Resolution

Author : Stephen B. Goldberg
Publisher : Aspen Publishing
ISBN 13 : 1543801080
Total Pages : 704 pages
Book Rating : 4.5/5 (438 download)

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Book Synopsis Dispute Resolution by : Stephen B. Goldberg

Download or read book Dispute Resolution written by Stephen B. Goldberg and published by Aspen Publishing. This book was released on 2020-02-02 with total page 704 pages. Available in PDF, EPUB and Kindle. Book excerpt: Dispute Resolution: Negotiation, Mediation, Arbitration, and Other Processes, Seventh Edition 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—and issues raised as these processes are combined, modified, and applied. This casebook challenges students to develop new processes and applications and provides them tools to master the legal issues facing lawyers who utilize the major dispute resolution processes. this book also assists students in building the skills a modern lawyer needs to represent clients in these critical processes. New to the Seventh Edition: New materials and exercises on legislative negotiation and causes and suggestions for remedying Congressional gridlock in negotiating legislative solutions to national problems. (First treatment of this issue in any law school negotiation/dispute resolution teaching book.) Negotiation simulations in which students play the roles of members of Congress and state legislators. Additional treatment of developing online dispute resolution processes. Expansion of dispute systems design materials to include community disputes. New materials designed to help students understand the mediation privilege, including a “debate” about the policy choices implicit in it and more depth on both the Uniform Mediation Act and the California mediation privilege experiences. Addition of multiple new Supreme Court arbitration cases, including American Express Company. v. Italian Colors Restaurant, Oxford Health Plans LLC v. Sutter, and Epic Systems, Inc. v. Lewis, addressing the continuing viability of the vindication of rights doctrine in arbitration, judicial review of an arbitrator’s decision to order a class action arbitration, and whether the NLRA should be interpreted to preclude employers from using class action waivers in agreements with their employees. Additional discussion of 2018-19 Supreme Court arbitration cases, including New Prime, Inc. v. Oliveira and Lamps Plus Inc. v. Varela. Consideration of the #Metoo movement and its impact on arbitration agreements and confidentiality in dispute resolution processes. Discussion of state and federal legislation addressing the use of arbitration for sexual harassment claims, including federal legislation like the End Forced Arbitration of Sexual Harassment Act bill. Substantial reorganization of the chapters on mediation, arbitration, and their variants, so that when students arrive at the new Chapter 8, Representing a Client in ADR (formerly Representing a Client in Mediation), the student is capable, as the modern lawyer should be, of representing a client in all ADR processes. The new emphasis is on facing the future. In addition to learning about ADR responses to existing matters, the student is challenged to put that learning to use in applying current ADR procedures to newly-developing issues, and in developing new processes when existing ones do not meet the client’s needs. Professors and students will benefit from: Thorough, systematic coverage, moving from overviews to critical analysis, application, evaluation, and practice A distinguished and experienced author team A direct and accessible writing style A wealth of simulations (both classic and new) and questions throughout Simulations allow students to evaluate, prepare for, and practice the various dispute resolution techniques Strong coverage of mediation

Sharing a Mediator's Powers

Author : Dwight Golann
Publisher : American Bar Association
ISBN 13 : 9781627222808
Total Pages : 0 pages
Book Rating : 4.2/5 (228 download)

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Book Synopsis Sharing a Mediator's Powers by : Dwight Golann

Download or read book Sharing a Mediator's Powers written by Dwight Golann and published by American Bar Association. This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book will help you bargain more effectively in mediation. Dwight Golann's award-winning book, Mediating Legal Disputes, explained how commercial mediators settle cases. In Sharing a Mediator's Powers, he explains how advocates can harness these techniques to maximize their effectiveness in bargaining. Using examples from actual mediations, Golann offers specific suggestions about how to use mediators, and the process, to best effect. You will learn how to: get key players to the table, obtain access to evidence not provided in discovery, arrange a mediation format that matches your strategy, focus discussion on issues that help your case, probe the other side's state of mind, support cooperative, creative or competitive bargaining strategies, manage how a mediator evaluates a legal case, influence when and how impasse-breaking tactics are applied. The theme of this book? Don't approach the mediation process passively. Instead, use it in an active way to achieve your bargaining goals. Included with this book is a DVD that brings advocacy concepts alive. 24 excerpts show how to apply key techniques in the context of a commercial case"--Unedited summary from book.

International Dispute Resolution

Author : Vesna Lazić
Publisher : Springer
ISBN 13 : 946265252X
Total Pages : 131 pages
Book Rating : 4.4/5 (626 download)

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Book Synopsis International Dispute Resolution by : Vesna Lazić

Download or read book International Dispute Resolution written by Vesna Lazić and published by Springer. This book was released on 2018-07-26 with total page 131 pages. Available in PDF, EPUB and Kindle. Book excerpt: The contributions in this book cover a wide range of topics within modern disputeresolution, which can be summarised as follows: harmonisation, enforcement andalternative dispute resolution. In particular, it looks into the impact of harmonisedEU law on national rules of civil procedure and addresses the lack of harmonisationin the US regarding the recognition and enforcement of foreign judgments. Furthermore,the law on enforcement is examined, not only by focusing on US law, but also onhow to attach assets in order to enforce a judgment. Finally, it addresses certain typesof alternative dispute resolution. In addition, the book looks into the systems andcultures of dispute resolution in several regions of the world, such as the EU, the US andChina, that have a high impact on globalisation. Hence, the book is diverse in the senseof dealing with multiple issues in the field of modern dispute resolution./div The book offers explorations of the impact of international rules and EU law on domesticcivil procedure, through case studies from, among others, the US, China, Belgium andthe Netherlands. The relevance of EU law for the national debate and its impact on theregulation of civil procedure is also considered. Furthermore, several contributions discussthe necessity and possibility of harmonisation in the emergency arbitrator mechanisms inthe EU. The harmonisation of private international law rules within the EU, particularlythose of a procedural nature, is juxtaposed to the lack thereof in the US. Also, the bookoffers an overview of the current dispute settlement mechanisms in China. The publication is primarily meant for legal academics in private international law andcivil procedure. It will also prove useful to practitioners regularly engaged in cross-borderdispute resolution and will be of added value to advanced students, as well as to those withan interest in international litigation and more generally in the area of dispute resolution. Vesna Lazić is Senior Researcher at the T.M.C. Asser Institute, Associate Professor ofPrivate Law at Utrecht University and Professor of European Civil Procedure at theUniversity of Rijeka. Steven Stuij is an expert in Private International Law and a PhD Candidate/GuestResearcher at the Erasmus School of Law, Rotterdam. Ton Jongbloed is Guest Editor on this volume./div

Mediation Ethics

Author : Ellen Waldman
Publisher : John Wiley & Sons
ISBN 13 : 0787995886
Total Pages : 470 pages
Book Rating : 4.7/5 (879 download)

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Book Synopsis Mediation Ethics by : Ellen Waldman

Download or read book Mediation Ethics written by Ellen Waldman and published by John Wiley & Sons. This book was released on 2011-03-29 with total page 470 pages. Available in PDF, EPUB and Kindle. Book excerpt: Mediation Ethics is a groundbreaking text that offers conflict resolution professionals a much-needed resource for traversing the often disorienting landscape of ethical decision making. Edited by mediation expert Ellen Waldman, the book is filled with illustrative case studies and authoritative commentaries by mediation specialists that offer insight for handling ethical challenges with clarity and deliberateness. Waldman begins with an introductory discussion on mediation's underlying values, its regulatory codes, and emerging models of practice. Subsequent chapters treat ethical dilemmas known to vex even the most experienced practitioner: power imbalance, conflicts of interest, confidentiality, attorney misconduct, cross-cultural conflict, and more. In each chapter, Waldman analyzes the competing values at stake and introduces a challenging case, which is followed by commentaries by leading mediation scholars who discuss how they would handle the case and why. Waldman concludes each chapter with a synthesis that interprets the commentators' points of agreement and explains how different operating premises lead to different visions of what an ethical mediator should do in a given case setting. Evaluative, facilitative, narrative, and transformative mediators are all represented. Together, the commentaries showcase the vast diversity that characterizes the field today and reveal the link between mediator philosophy, method, and process of ethical deliberation. Commentaries by Harold Abramson Phyllis Bernard John Bickerman Melissa Brodrick Dorothy J. Della Noce Dan Dozier Bill Eddy Susan Nauss Exon Gregory Firestone Dwight Golann Art Hinshaw Jeremy Lack Carol B. Liebman Lela P. Love Julie Macfarlane Carrie Menkel-Meadow Bruce E. Meyerson Michael Moffitt Forrest S. Mosten Jacqueline Nolan-Haley Bruce Pardy Charles Pou Mary Radford R. Wayne Thorpe John Winslade Roger Wolf Susan M. Yates

Success as a Mediator For Dummies

Author : Victoria Pynchon
Publisher : John Wiley & Sons
ISBN 13 : 1118078624
Total Pages : 374 pages
Book Rating : 4.1/5 (18 download)

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Book Synopsis Success as a Mediator For Dummies by : Victoria Pynchon

Download or read book Success as a Mediator For Dummies written by Victoria Pynchon and published by John Wiley & Sons. This book was released on 2012-04-10 with total page 374 pages. Available in PDF, EPUB and Kindle. Book excerpt: Everything you need to enter the exciting field of legal mediation To be an effective mediator, it's essential to possess the ability to take control of animated situations, offer advice, and facilitate discussion—all the while remaining neutral without formulating biased judgment. Success as a Mediator For Dummies helps you acquire these attributes and much more. Aspiring mediators will learn the importance of upholding an honorable reputation, the skills, personality traits, and characteristics of a good mediator, and how to effectively market a successful mediation career. Plus, you'll get practical advice about finding work in the field, realistic salary information, and tips on as tips on identifying whether you have the skills and tools to become a good mediator. The steps necessary to become a mediator (education, training, licensing, states-specific requirements, etc.) How your education and professional background can enhance your mediation work Sample rules and standards of conduct All the steps necessary to build and market a successful private practice in mediation, or flourish as a mediator in a law firm, corporation, school, or non-profit organization Whether you have a background in law or an interest in legal careers, Success as a Mediator For Dummies gives you everything you need to enter the exciting field of legal mediation.