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"The Handbook takes a pracademic approach to creative problem solving in negotiation and mediation. 'Pracademics' used to describe the art and science of translating the theory of creative problem solving into practice, and conversely, converting the practice of creative problem solving into theory. Volume Two of the Handbook is focused on specific creative problem solving techniques and tools that negotiation/mediation practitioners across the country have found to be effective in resolving disputes or making deals. A highly useful feature of Volume Two is its multiple indexing to facilitate identifying techniques or tools appropriate for the problem solving task."--Publisher.
For access to the video case studies included with the purchase of this ebook, please contact customer support at [email protected]. This widely-adopted, all-original book was the first in the field to combine complete analysis of the mediation process with integrated video case studies illustrating the full range of mediation skills. Engaging text is keyed to seven hours of online video, featuring three different cases, all based on actual disputes: a child custody case, a small claims consumer dispute, and a complex negligence suit. These unscripted mediations were conducted by mediators and lawyers with a variety of backgrounds and styles. The video includes an extended comparative example of facilitative and evaluative mediation of the same matter. The integration of text and video in The Practice of Mediation: A Video-Integrated Text, Third Edition enriches students’ understanding and allows classroom and clinical instruction to proceed more rapidly and on a far more sophisticated level. New to the Third Edition: New end-of-chapter problems to aid assessment of student learning New or expanded coverage of biases and their impact on negotiators; pre-mediation contacts with parties; and increasing mediator use of caucuses to open the process Newly designed problems on the ethics of mediating New video clips on mediator influence and persuasion Professors and students will benefit from: Practice- and research-based analysis of negotiations and why they fail Contextualized model of the role and effective skills of the mediator, applicable across the entire range of disputes Exploration of fundamental norms of the process and, through real case problems, the ethics of mediating Video and case-based introduction to the role and skills of representing a client in mediation
The 2011 volume of Contemporary Issues in International Arbitration and Mediation - The Fordham Papers is a collection of important works in the field written by the speakers at the 2011 Fordham Law School Conference on International Arbitration and Mediation. The 26 papers are organized into the following five parts: Keynote Presentation: George Bermann Part I: Investor-State Arbitration, R. Doak Bishop, Margrete Stevens, Alexis Mourre, Lucy F. Reed, Giorgio Francesco Mandelli. Part II: Complex International Commercial Arbitration, Gerald Aksen, James E. Castello, Rocio Digon, Bernard Hanotiau, Dr. Julian D M Lew QC, Pedro J. Martinez-Fraga. Part III: New Rules in International Arbitration, Jason Fry, Victoria Shannon, Catherine Kessedjian, David W. Rivkin, Catherine A. Rogers, Arthur W. Rovine. Part IV: Arbitration in the BRIC Countries, Grant Hanessian, Joaquim de Paiva Muniz, Roman Khodykin, Zia Moody, Shreyas Jayasimha, Andrew Aglionby. Part V: Mediation, Simeon Baum, Jeremy Lack, Joseph T. McLaughlin, Jacqueline Nolan-Haley, Brian Speers, Colin Caughey, Nathan Witkin.
Drawing on his experience in the MIT-Harvard Public Disputes Program, a leading mediator and his co-author provide the first jargon-free guide to consensual strategies for resolving public disputes—indispensable to citizen activists and to business and government leaders.
This training package presents proven interactive techniques and specific teaching tools for instituting systems of organizational conflict resolution. The authors introduce a hands-on method of learning and teaching organizational conflict resolution through the use of exercises, quizzes, surveys, games, role plays, and other interactive techniques that can be used by anyone engaged in teaching or practicing conflict resolution. All of these exercises have been developed and applied in the real world.
"The Handbook takes a pracademic approach to creative problem solving in negotiation and mediation. 'Pracademics' used to describe the art and science of translating the theory of creative problem solving into practice, and conversely, converting the practice of creative problem solving into theory. Volume Two of the Handbook is focused on specific creative problem solving techniques and tools that negotiation/mediation practitioners across the country have found to be effective in resolving disputes or making deals. A highly useful feature of Volume Two is its multiple indexing to facilitate identifying techniques or tools appropriate for the problem solving task."--Publisher.
Sometimes it's necessary to push beyond the usual limits of themediation process to achieve deeper and more lasting change.Mediating Dangerously shows how to reach beyond technical andtraditional intervention to the outer edges and dark places ofdispute resolution, where risk taking is essential and fundamentalchange is the desired result. It means opening wounds and lookingbeneath the surface, challenging comfortable assumptions, andexploring dangerous issues such as dishonesty, denial, apathy,domestic violence, grief, war, and slavery in order to reach adeeper level of transformational change. Mediating Dangerously shows conflict resolution professionals howto advance beyond the traditional steps, procedures, and techniquesof mediation to unveil its invisible heart and soul and to revealthe subtle and sensitive engine that drives the process of personaland organizational transformation. This book is a major newcontribution to the literature of conflict resolution that willinspire and educate professionals in the field for years to come.
This workbook is designed for basic mediation training. Authors Scott Hughes, Mark Bennett, and Michele Hermann take NITA's performance-based training for trial lawyers and adapt it to training for mediators. The authors have used these materials extensively in their mediation training classes at law schools and in programs open to the public. The Art of Mediation, Second Edition, sets the mediation process in context, provides basic definitions, contrasts mediation with other forms of dispute resolution, describes varieties of mediation, and lays out roles and functions of the mediators. The book contains forms that illustrate sample agreements to mediate and final mediation agreements, plus a section containing hypothetical situations for performance training. Reviews "I have used the first edition of The Art of Mediation in my classes for almost a decade and I definitely intend to use the Second Edition in the future. Students like the book because it is so practical and easy to read. I like it because it presents a variety of perspectives so that students learn that there is no one right or easy way to mediate." — John Lande, Associate Professor and Director, LL.M. Program in Dispute Resolution, University of Missouri-Columbia School of Law Columbia
For over twenty-five years, Author Mary Greenwood has been resolving disputes in her professional career as an Attorney, Mediator, Human Resources Director, Union Negotiator, and Labor Arbitrator. Her book "How to Negotiate Like a Pro," Which has won six book awards, was based on her experience as a Union Negotiator. The sequel "How to Mediate Like a Pro" is based on her experience as a Mediator in over 7000 cases.Greenwood noticed that there were certain Rules or characteristics of The cases that settled that were not present in the cases that did not settle. Among those Rules you will find the following: Be A Devil's Advocate You Can Mediate With A LunaticEveryone Makes MistakesLet The Parties Tell Their StoryKnow When To FoldGreenwood lists each Rule and Script and offers a concise explanation on how and when to use it in Mediation. "How to Mediate Like a Pro" presents strategies and practical tips for the Mediation process. It will give you insight on how to deal with difficult parties, how to break an impasse and how to close the deal. After you read this book, you will be able to Mediate Like A Pro.