The Fugitive Identity Of Mediation

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The Fugitive Identity of Mediation

Author : Debbie De Girolamo
Publisher : Routledge
ISBN 13 : 1134075189
Total Pages : 244 pages
Book Rating : 4.1/5 (34 download)

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Book Synopsis The Fugitive Identity of Mediation by : Debbie De Girolamo

Download or read book The Fugitive Identity of Mediation written by Debbie De Girolamo and published by Routledge. This book was released on 2013-07-18 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: Despite much having been written about what mediation is, direct observations of commercial mediations are limited. This book grants an opportunity to observe mediation in action and also provides external commentary about the actions observed. The book approaches Mediation ethnographically as a social process that is informed by structures, rules and norms that colour the environment within which it operates. Through the ethnographic method, a process leading to negotiated order is examined, baring its elements, identifying its influences and studying the movement to order. The result is the reconceptualization of mediation. The mediator is invited into the negotiation as third party intervener. He creates the process of mediation, defining the process by his actions, which ultimately merges mediator with process. This book provides a window to the lived experience of participants to mediation: it explores their understandings of and interactions within a process they have experienced together and demonstrates how mediation is a process inextricably linked to negotiation. The Fugitive Identity of Mediation will be of interest to scholars, mediators, parties who participate in the process, and to those active in public policy discourse.

The Fugitive Identity of Mediation

Author : Debbie De Girolamo
Publisher : Routledge
ISBN 13 : 1134075111
Total Pages : 258 pages
Book Rating : 4.1/5 (34 download)

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Book Synopsis The Fugitive Identity of Mediation by : Debbie De Girolamo

Download or read book The Fugitive Identity of Mediation written by Debbie De Girolamo and published by Routledge. This book was released on 2013-07-18 with total page 258 pages. Available in PDF, EPUB and Kindle. Book excerpt: Despite much having been written about what mediation is, direct observations of commercial mediations are limited. This book grants an opportunity to observe mediation in action and also provides external commentary about the actions observed. The book approaches Mediation ethnographically as a social process that is informed by structures, rules and norms that colour the environment within which it operates. Through the ethnographic method, a process leading to negotiated order is examined, baring its elements, identifying its influences and studying the movement to order. The result is the reconceptualization of mediation. The mediator is invited into the negotiation as third party intervener. He creates the process of mediation, defining the process by his actions, which ultimately merges mediator with process. This book provides a window to the lived experience of participants to mediation: it explores their understandings of and interactions within a process they have experienced together and demonstrates how mediation is a process inextricably linked to negotiation. The Fugitive Identity of Mediation will be of interest to scholars, mediators, parties who participate in the process, and to those active in public policy discourse.

EU Cross-Border Commercial Mediation

Author : Anna Howard
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403518049
Total Pages : 340 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis EU Cross-Border Commercial Mediation by : Anna Howard

Download or read book EU Cross-Border Commercial Mediation written by Anna Howard and published by Kluwer Law International B.V.. This book was released on 2021-01-13 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: Despite the growing national and international regulatory framework to support cross-border mediation, the use of such mediation appears to remain stubbornly low. This book focuses in particular on the European Union’s (EU’s) continued efforts to encourage the use of cross-border mediation and examines why such efforts have had a limited impact. It does so by drawing on rare, and at times surprising, detailed insights from in-house counsel of multinational companies regarding their use of EU cross-border commercial mediation. By viewing mediation through the lens of disputants, new and important findings regarding why disputants do, and do not, use cross-border mediation have emerged. While these findings are of primary relevance to EU policy and practice, they have implications far beyond the EU context at a time of increasing international interest in cross-border mediation. The analysis of the insights provided by the disputants reveals, for example: the prominent role played by negotiation as a cross-border dispute resolution process; that negotiation is a key comparator for disputants when considering whether to use mediation; how the EU’s continued focus on understanding and presenting mediation as an alternative to litigation has resulted in measures which are insufficient to address fully the barriers to the use of mediation; intriguing barriers to the use of mediation which arise from the association which disputants draw between mediation and negotiation; how the relationship which disputants draw between mediation and negotiation paradoxically raises both opportunities for, and obstacles to, the increased use of mediation; and what disputants need in order to increase their use of cross-border mediation. The qualitative nature (by way of interviews) of the research conducted for this book has enabled the identification of nuanced and novel findings regarding mediation’s position and potential in cross-border dispute resolution. These findings, together with a detailed examination of the EU Directive on Certain Aspects of Mediation in Civil and Commercial Matters and the EU’s continued initiatives to foster the use of mediation, form the foundation upon which this book’s recommendations are built. Changing the frame to view the use of mediation through the disputants’ perspective, as this book does, provides the opportunity for the EU to promote cross-border mediation in a way which resonates more deeply with disputants and responds more fully to their concerns and needs. This thought-provoking book will be of interest not only to European and national bodies seeking to promote the use of mediation but clearly also to dispute resolution academics, in-house counsel, and of course mediators and dispute resolution practitioners in general.

On Mediation

Author : Karl Härter
Publisher : Berghahn Books
ISBN 13 : 178920870X
Total Pages : 238 pages
Book Rating : 4.7/5 (892 download)

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Book Synopsis On Mediation by : Karl Härter

Download or read book On Mediation written by Karl Härter and published by Berghahn Books. This book was released on 2020-09-09 with total page 238 pages. Available in PDF, EPUB and Kindle. Book excerpt: Exploring mediation and related practices of conflict regulation, this book takes an interdisciplinary approach that includes historical, legal, anthropological and international perspectives. Divided into three sections, the volume observes historical and current relations between mediation and the criminal justice system and provides anthropological perspectives and case studies to explore mediation and arbitration in international arenas. In this regard, the book provides an innovative perspective on mediation and new insights into conflict regulation.

A-Z of Mediation

Author : Marian Roberts
Publisher : Bloomsbury Publishing
ISBN 13 : 1137002999
Total Pages : 256 pages
Book Rating : 4.1/5 (37 download)

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Book Synopsis A-Z of Mediation by : Marian Roberts

Download or read book A-Z of Mediation written by Marian Roberts and published by Bloomsbury Publishing. This book was released on 2013-11-28 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: If you are in search of a concise yet authoritative overview of mediation as a process of dispute resolution, then you need look no further. Marian Roberts' A-Z of Mediation succinctly captures the concepts, applications, debates and critiques that are shaping this rapidly expanding field. Expertly organised into just over 80 entries, the book combines theory, research and practitioner experience to provide a wealth of insight and analysis. The book's unique A-Z format makes it an ideal point of reference. Numerous cross-references are in place to guide you through the material and highlight the field's connecting strands. The key classic and contemporary readings are also systematically signposted, topic by topic, drawn from an extensive multidisciplinary literature. Whether you are studying, training or already in practice, this book provides an invaluable source of clarity as well as a comprehensive map of the field.

Mediation Advocacy

Author : Stephen Walker
Publisher : Bloomsbury Publishing
ISBN 13 : 1526507951
Total Pages : 465 pages
Book Rating : 4.5/5 (265 download)

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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 465 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

The Routledge Handbook of Intercultural Mediation

Author : Dominic Busch
Publisher : Taylor & Francis
ISBN 13 : 1000771733
Total Pages : 529 pages
Book Rating : 4.0/5 (7 download)

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Book Synopsis The Routledge Handbook of Intercultural Mediation by : Dominic Busch

Download or read book The Routledge Handbook of Intercultural Mediation written by Dominic Busch and published by Taylor & Francis. This book was released on 2022-11-15 with total page 529 pages. Available in PDF, EPUB and Kindle. Book excerpt: Offering unique coverage of an emerging, interdisciplinary area, this comprehensive handbook examines the theoretical underpinnings and emergent conceptions of intercultural mediation in related fields of study. Authored by global experts in fields from intercultural communication and conflict resolution to translation studies, literature, political science, and foreign language teaching, chapters trace the history, development, and present state of approaches to intercultural mediation. The sections in this volume show how the concept of intercultural mediation has been constructed among different fields and shaped by its specific applications in an open cycle of influence. The book parses different philosophical conceptions as well as pragmatic approaches, providing ample grounding in the key perspectives on this growing field of discourse. The Routledge Handbook of Intercultural Mediation is a valuable reference for graduate and postgraduate students studying mediation, conflict resolution, intercultural communication, translation, and psychology, as well as for practitioners and researchers in those fields and beyond.

Comparative Dispute Resolution

Author : Maria F. Moscati
Publisher : Edward Elgar Publishing
ISBN 13 : 1786433036
Total Pages : 608 pages
Book Rating : 4.7/5 (864 download)

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Book Synopsis Comparative Dispute Resolution by : Maria F. Moscati

Download or read book Comparative Dispute Resolution written by Maria F. Moscati and published by Edward Elgar Publishing. This book was released on 2020-12-25 with total page 608 pages. Available in PDF, EPUB and Kindle. Book excerpt: Comparative Dispute Resolution offers an original, wide-ranging, and invaluable corpus of chapters on dispute resolution. Enriched by a broad, comparative vision and a focus on the processes used to handle disputes, this study adds significantly to the discourse around comparative legal studies. Chapters present new understandings of theoretical, comparative and transnational dimensions of the manner in which societies and their legal systems respond to difficulties in social relations.

Dispute Processes

Author : Michael Palmer
Publisher : Cambridge University Press
ISBN 13 : 1107070546
Total Pages : 433 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis Dispute Processes by : Michael Palmer

Download or read book Dispute Processes written by Michael Palmer and published by Cambridge University Press. This book was released on 2020-07-09 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: This new edition considers a wide range of materials dealing with dispute processes and current debates on civil justice.

Research Handbook on Intellectual Property and Cultural Heritage

Author : Stamatoudi, Irini
Publisher : Edward Elgar Publishing
ISBN 13 : 180037691X
Total Pages : 640 pages
Book Rating : 4.8/5 (3 download)

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Book Synopsis Research Handbook on Intellectual Property and Cultural Heritage by : Stamatoudi, Irini

Download or read book Research Handbook on Intellectual Property and Cultural Heritage written by Stamatoudi, Irini and published by Edward Elgar Publishing. This book was released on 2022-07-21 with total page 640 pages. Available in PDF, EPUB and Kindle. Book excerpt: This important Research Handbook offers a comprehensive analysis of the intersections between intellectual property (IP) and cultural heritage law. It explores and compares how both have evolved and sometimes converged over time, how they increased tremendously in significance, as well as in economic value, despite the fact that the former mainly pertains to the private sphere, whilst the latter is considered a ‘common good’.

English Legal System in Context 6e

Author : Fiona Cownie
Publisher : Oxford University Press
ISBN 13 : 0199656568
Total Pages : 428 pages
Book Rating : 4.1/5 (996 download)

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Book Synopsis English Legal System in Context 6e by : Fiona Cownie

Download or read book English Legal System in Context 6e written by Fiona Cownie and published by Oxford University Press. This book was released on 2013-07-25 with total page 428 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title has been written with a very simple aim in mind - to provide a text which will enable the English legal system to be taught as an interesting, intellectually stimulating course.

Family Mediation: Contemporary Issues

Author : Marian Roberts
Publisher : Bloomsbury Publishing
ISBN 13 : 1526505428
Total Pages : 436 pages
Book Rating : 4.5/5 (265 download)

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Book Synopsis Family Mediation: Contemporary Issues by : Marian Roberts

Download or read book Family Mediation: Contemporary Issues written by Marian Roberts and published by Bloomsbury Publishing. This book was released on 2020-05-21 with total page 436 pages. Available in PDF, EPUB and Kindle. Book excerpt: The modern emergence of mediation in the West in the 1980s represents a profound transformation of civil disputing practice, particularly in the field of family justice. In the field of family disputes mediation has emerged to fill a gap which none of the existing services, lawyers and courts on the one hand, or welfare, advisory or therapeutic interventions on the other, could in their nature have filled. In the UK mediation is now the approved pathway in the current landscape of family dispute resolution processes, officially endorsed and publicly funded by government to provide separating and divorcing families with the opportunity to resolve their disputes co-operatively with less acrimony, delay and cost than the traditional competitive litigation and court process. The consolidation of the professional practice of family mediation reflects its progress and creativity in respect both of the expanding focus on professional quality assurance as well as on developments of policy, practice guidelines and training to address central concerns about the role of children in mediation, screening for domestic abuse, sexual orientation and gender identity as well as cross-cultural issues including the role of interpreters in the process. Other areas of innovation include the application of family mediation to a growing range of family conflict situations involving, for example, international family disputes (including cross border, relocation and child abduction issues). Written by leaders in family mediation, this title provides a contemporary account of current practice developments and research concerning family mediation across a range of issues in the UK and Ireland.

The Guided Method of Mediation: A Return to the Original Ideals of ADR: Second Edition

Author : Mary Kendall Hope
Publisher : Lulu.com
ISBN 13 : 1312060107
Total Pages : 220 pages
Book Rating : 4.3/5 (12 download)

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Book Synopsis The Guided Method of Mediation: A Return to the Original Ideals of ADR: Second Edition by : Mary Kendall Hope

Download or read book The Guided Method of Mediation: A Return to the Original Ideals of ADR: Second Edition written by Mary Kendall Hope and published by Lulu.com. This book was released on 2014-04-02 with total page 220 pages. Available in PDF, EPUB and Kindle. Book excerpt: An invaluable work for professionals and students of mediation, The Guided Method Second Edition offers a more specific theory and practice for the provision of mediation. This step-by-step process for providing mediation is edited & updated with new forms. Specific strategies and recommendations for mediation provision are made throughout the book. While some concepts in this book are based on sound traditional listening skills, many of the techniques and instructional guidelines for mediation in this text cannot be found in other training manuals. This second edition continues to provide the best set of specific instructions to mediators to date on how to provide mediation service that truly serves individuals' needs in times of crisis. Dr. Hope's in depth insights to mediation practice are a must for any professional counselor or mediator's reference.

Mediators as "neutrals" in Dispute Resolution

Author : Brian Jarrett
Publisher :
ISBN 13 :
Total Pages : 368 pages
Book Rating : 4.:/5 (697 download)

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Book Synopsis Mediators as "neutrals" in Dispute Resolution by : Brian Jarrett

Download or read book Mediators as "neutrals" in Dispute Resolution written by Brian Jarrett and published by . This book was released on 2006 with total page 368 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.

Mediation

Author : Carrie J. Menkel-Meadow
Publisher : Aspen Publishing
ISBN 13 : 1543820972
Total Pages : 668 pages
Book Rating : 4.5/5 (438 download)

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Book Synopsis Mediation by : Carrie J. Menkel-Meadow

Download or read book Mediation written by Carrie J. Menkel-Meadow and published by Aspen Publishing. This book was released on 2020-02-02 with total page 668 pages. Available in PDF, EPUB and Kindle. Book excerpt: Mediation: Practice, Policy, and Ethics provides a comprehensive and current introduction to the world of mediation, including an overview of conflict, perspectives on justice, and dispute resolution processes to handle disputes in a variety of contexts. The book has chapters on negotiation theory and practice, as well as law and policy, case examples, and practice guidelines for mediators and attorney representatives. Leading scholars and award-winning teachers in the field present descriptions of the various forms mediation takes and mediation’s place in the panoply of dispute resolution processes. Both critiques of mediation and descriptions of its promise and potential are included. Chapters on advising clients on process choice, dispute process design, international and complex mediation, facilitation, and hybrid processes are also offered. The 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. New to the Third Edition: Streamlined text designed to be more student-friendly New updates to time-tested problems and cases have to keep the book up-to-date Professors and students will benefit from: Comprehensive current coverage of mediation including: Law and policy, case examples, and practice guidelines for mediators and attorney representatives Authors that are leading and award-winning scholars, teachers, and practitioners in this area Clear presentation of the advantages of mediation as well as critiques and concerns A practical, problem-solving approach that includes: Both analytical and behavioral approaches Varying gender, race, and cultural contexts Key excerpts from some of the most renowned scholars in the field Text that is applicable across the field of mediation with coverage of: Lawyer-mediators Lawyer-representatives in mediation Non-lawyer mediators

Mediation in Context

Author : Marian Liebmann
Publisher : Jessica Kingsley Publishers
ISBN 13 : 0857005804
Total Pages : 258 pages
Book Rating : 4.8/5 (57 download)

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Book Synopsis Mediation in Context by : Marian Liebmann

Download or read book Mediation in Context written by Marian Liebmann and published by Jessica Kingsley Publishers. This book was released on 2011-06-15 with total page 258 pages. Available in PDF, EPUB and Kindle. Book excerpt: From its small beginnings in the UK 15-20 years ago, mediation has become well-known as a more positive method of resolving conflict than the adversarial methods we have been accustomed to using. Reflecting the range of contexts in which mediation is now used, this book includes chapters on: history of mediation in the UK mediation with divorced and separated couples peer mediation in schools resolving neighbour disputes in rural and urban settings victim-offender mediation and conferencing resolving workplace and industrial disputes commercial mediation dealing with patients' complaints about doctors elder mediation environmental mediation and consensus building international mediation. Drawing on their own experiences as mediators, the contributors to this book discuss the benefits and drawbacks of mediation in particular settings and use case studies to illustrate how mediation works in practice. This book provides a comprehensive overview of mediation for those wanting to find out more, or those beginning in the field, as well as containing useful information and advice for anyone involved in mediation.