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In this new, updated edition of Advanced Negotiation and Mediation Theory and Practice, Paul Zwier and Thomas Guernsey present a strategic planning and integrated systematic approach to negotiation, which recognizes that both adversarial and problem-solving strategies have distinct advantages and that lawyers need to combine styles and strategies to achieve the best results for their clients. Zwier and Guernsey provide attorneys with an outline to plan and implement effective negotiation techniques, using up-to-date situations throughout the book to demonstrate how understanding negotiation theory and practice can help them partner with their clients to make better strategic use of negotiation. The authors break down the counseling process into stages and show what information the client needs to make an informed decision. They then suggest and give examples of the techniques and skills that might be used to implement that decision in a negotiation and or mediation setting.
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.
In this new, updated edition of Advanced Negotiation and Mediation Theory and Practice, Paul Zwier and Thomas Guernsey present a strategic planning and integrated systematic approach to negotiation, which recognizes that both adversarial and problem-solving strategies have distinct advantages and that lawyers need to combine styles and strategies to achieve the best results for their clients. Zwier and Guernsey provide attorneys with an outline to plan and implement effective negotiation techniques, using up-to-date situations throughout the book to demonstrate how understanding negotiation theory and practice can help them partner with their clients to make better strategic use of negotiation. The authors break down the counseling process into stages and show what information the client needs to make an informed decision. They then suggest and give examples of the techniques and skills that might be used to implement that decision in a negotiation and or mediation setting.
Describes a method of negotiation that isolates problems, focuses on interests, creates new options, and uses objective criteria to help two parties reach an agreement.
"The past several years have witnessed a dramatic increase in the study and practice of negotiation. Through our association with Negotiation Journal and the Program on Negotiation at Harvard Law School, we have been privileged to witness, and be part of, this growth process. The collection of edited articles presented here, though by no means exhaustive, reflects the increasing interest in the field and, we hope, serves as a useful 'source book' on critical issues in contemporary negotiation scholarship and practice."--Preface
This book presents a series of essays by I. William Zartman outlining the evolution of the key concepts required for the study of negotiation and conflict management, such as formula, ripeness, pre-negotiation, mediation, power, process, intractability, escalation, and order. Responding to a lack of useful conceptualization for the analysis of international negotiation, Zartman has developed an analytical framework and specific concepts that can serve as a basis for both study and practice. Negotiation is analyzed as a process, and is linked to other major themes in political science such as decision, structure, justice and order. This analysis is then applied to negotiations to manage particular types of conflicts and cooperation, including ethnic conflicts, civil wars and regime-building. It also develops typologies and strategies of mediation, dealing with such aspects as leverage, bias, interest, and roles. Written by the leading exponent of negotiation and mediation, Negotiation and Conflict Management will be of great interest to all students of negotiation, mediation and conflict studies in general.
Dispute System Design walks readers through the art of successfully designing a system for preventing, managing, and resolving conflicts and legally-framed disputes. Drawing on decades of expertise as instructors and consultants, the authors show how dispute systems design can be used within all types of organizations, including business firms, nonprofit organizations, and international and transnational bodies. This book has two parts: the first teaches readers the foundations of Dispute System Design (DSD), describing bedrock concepts, and case chapters exploring DSD across a range of experiences, including public and community justice, conflict within and beyond organizations, international and comparative systems, and multi-jurisdictional and complex systems. This book is intended for anyone who is interested in the theory or practice of DSD, who uses or wants to understand mediation, arbitration, court trial, or other dispute resolution processes, or who designs or improves existing processes and systems.
This book argues that it can be beneficial for the United States to talk with 'evil' - terrorists and other bad actors - if it engages a mediator who shares the United States' principles yet is pragmatic. It shows how the US can make better foreign policy decisions and demonstrate its integrity for promoting democracy and human rights, by employing a mediator who facilitates disputes between international actors by moving them along a continuum of principles, as political parties act for a country's citizens. This is the first book to integrate theories of rule of law development with conflict resolution methods, and it examines ongoing disputes in the Middle East, North Korea, South America and Africa. It draws on the author's experiences with The Carter Center and judicial and legal advocacy training to provide a sophisticated understanding of the current situation in these countries and of how a strategy of principled pragmatism will give better direction to US foreign policy abroad.
This book argues that it can be beneficial for the United States to talk with "evil" - that is, terrorists and other bad actors - if it uses a strategy that engages a mediator who shares the United States' principles yet is pragmatic. The project shows how the United States can make better foreign policy decisions and demonstrate its integrity for promoting democracy and human rights if it employs a mediator who facilitates disputes between international actors by moving them along a continuum of principles, as political parties act for a country's citizens. This is the first book to integrate theories of rule of law development with conflict resolution methods, and it examines ongoing disputes in the Middle East, North Korea, South America, and Africa (including Uganda, Sudan, Kenya, and Liberia). It uses a narrative approach, drawing on the author's experiences with The Carter Center and judicial and legal advocacy training to give the reader a sophisticated understanding of the current situation in these countries and of how a strategy of principled pragmatism will give better direction to U.S. foreign policy abroad.
Dedicated to an analysis of the emergent role of conflict analysis and resolution this student textbook covers theory, research and practice. The final edition was tested on large classes at the Institute for Conflict Analysis and Resolution throughout the writing process.