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The original, highly accessible text in Mediation Representation: Advocating as a Problem-Solver highlights critical choices and explores every step of the process, from advising clients on the mediation option through preparing cases for the session to appearing in pre-mediation conferences, sessions, and post-sessions. Students learn how to effectively present opening statements and represent clients in joint sessions. Techniques for overcoming impasses, dealing with emotions, and resolving moneyed disputes are explored, and consideration is given to generating forward movement in the process while uncovering creative solutions. Mediation Representation: Advocating as a Problem-Solver navigates mediation-related legal and ethical issues and considers alternative processes for resolving unsettled issues. A culturally neutral framework allows for representing diverse clients. Helpful appendixes are included that cover decision-trees, sample agreements, active listening, and effective questioning. Features: original, accessible text that highlights critical choices in mediation covers every step of the process advising clients on the mediation option preparing cases and clients for the mediation session appearing in pre-mediation conferences, sessions, and post-sessions shows how to effectively present opening statements and represent clients in joint sessions presents techniques for overcoming impasses, dealing with emotions, and resolving moneyed disputes considers how to generate movement and uncover creative solutions navigates mediation-related legal and ethical issues considers alternative processes for resolving unsettled issues provides a culturally neutral framework for representing diverse clients includes helpful appendixes on decision-trees, sample agreements, active listening, and effective questioning
Beyond the Courtroom provides a compilation of articles and chapters by a dispute resolution scholar who has made remarkable contributions over his thirty-year career. Professor Abramson has focused his research and practice on parties trying to resolve their own disputes. This book includes publications that have contributed to launching the then new field of mediation representation with special attention on how attorneys, as gate keepers to mediation, can effectively represent clients. The book also includes his original publications that have contributed to the emerging field of intercultural and international mediation and the already robust and mature field of negotiations.
Features: All original text, written in accessible style, that highlights critical choices for advocates in mediation.
Here is an excellent introduction to and overview of the field of divorce mediation, a field that has grown rapidly and achieved a remarkable level of recognition among both the clinical and legal professions in the last decade. Divorce Mediation describes the process and some of the techniques of mediation, as well as mediation theory and training. Authorities from marriage and family therapy and law--all practicing mediators--address the ability of women to negotiate for themselves in mediation, describe several approaches to handling custody issues, and discuss several challenging issues facing the profession, including who should practice mediation, what are the boundaries and ethics of practice, and how does mediation relate to the traditional disciplines of law, psychology, marriage and family therapy, and social work. Summaries of actual case studies are especially helpful in illustrating how mediators accomplish their negotiations.
This book focuses on lawyering skills in negotiating and mediating, including the lawyer's counseling function and ethical responsibilities in connection with these dispute resolution processes. Because these are practical skills that are integral to effective legal representation, the book aims to be eminently practical in the descriptive and prescriptive treatment of them, even as the book also discusses some of the most important theoretical approaches to negotiation and mediation. The overall effort has been to provide a blend of theory and practice that is most meaningful in the sense of having real-life application to effective client representation in negotiating and mediating.