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"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.
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. Note: Online subscriptions are for three-month periods. Previous Edition: Settlement Agreements in Commercial Disputes: Negotiating, Drafting and Enforcement ISBN: 9780735514782
"This book is aimed at lawyer-mediators who care about their clients, professions, and the general public and want to conduct mediations ethically"--
Written by an incumbent Judge of the International Tribunal for the Law of the Sea, this book provides a unique insight into the development and functioning of ITLOS.
Our current models for ending conflict don’t really work. They waste incredible amounts of time, money, and energy and take an enormous emotional toll on participants. The parties remain embittered, relationships are destroyed, and often the conflict just reappears later in a different form. In this second edition of his classic book, Stewart Levine offers a revolutionary alternative approach that goes beyond compromise and capitulation to provide a satisfactory resolution for everyone involved. Marriages run amuck, neighbors at odds with one another, business deals gone sour, and the pain and anger caused by corporate downsizing are just a few of the conflicts he addresses. The new edition has been thoroughly revised with new examples, new tools, new material about building trust and virtual collaboration, as well as a more global outlook. Levine rejects the adversarial legal model: "If both sides are unhappy, you probably have a good settlement." Resolution, he shows, provides relief and completeness for both sides. No one goes away unhappy. Effective resolution stops anger and resentment cold, drastically cutting the emotional cost and allowing both sides to return to productive, satisfying, functional relationships. Getting to Resolution outlines the ten principles underlying this new approach—what Levine calls “resolutionary thinking. Levine provides a detailed seven-step process for using this new mindset to resolve conflicts in a way that fosters dignity and integrity, optimizes resources, and allows all concerns to be voiced, honored, and woven into the resolution. Levine's model has a thirty-five-year track record. It has been developed, implemented, tested, and proven in business, personal, and governmental contexts. Getting to Resolution will enable readers to shift from thinking about problems, fighting, and breakdowns to thinking about collaboration, engagement, learning, creativity, and the opportunity for creating enduring value.
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.
A member of the world renowned Program on Negotiation at Harvard Law School introduces the powerful next-generation approach to negotiation. For many years, two approaches to negotiation have prevailed: the “win-win” method exemplified in Getting to Yes by Roger Fisher, William Ury, and Bruce Patton; and the hard-bargaining style of Herb Cohen’s You Can Negotiate Anything. Now award-winning Harvard Business School professor Michael Wheeler provides a dynamic alternative to one-size-fits-all strategies that don’t match real world realities. The Art of Negotiation shows how master negotia­tors thrive in the face of chaos and uncertainty. They don’t trap themselves with rigid plans. Instead they understand negotiation as a process of exploration that demands ongoing learning, adapting, and influencing. Their agility enables them to reach agreement when others would be stalemated. Michael Wheeler illuminates the improvisational nature of negotiation, drawing on his own research and his work with Program on Negotiation colleagues. He explains how the best practices of diplomats such as George J. Mitchell, dealmaker Bruce Wasserstein, and Hollywood producer Jerry Weintraub apply to everyday transactions like selling a house, buying a car, or landing a new contract. Wheeler also draws lessons on agility and creativity from fields like jazz, sports, theater, and even military science.