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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.
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.
Provides mediators and other professionals who use mediationsuch as lawyers, therapists, and personnel managerswith comprehensive, step-by-step instruction in effective dispute resolution strategies.
This book investigates the practice of family mediation and some of the challenges that may hinder its effective use by marginalised groups in a society. Those challenges include gendered power disparity and family violence, especially towards women, and the discussion extends to how the challenges can be overcome through a practice of evaluative mediation to provide fair outcomes for women. Unlike other contemporary books on mediation, this book not only discusses different theories of power and equity in mediation, it also includes a number of verbatim quotes from different mediation sessions to demonstrate how those theories are operationalised in a real life context. While other contemporary texts on mediation focus on Western style facilitative mediation and its limitations in attaining fair justice for women enduring gendered power disparity and family violence, this text emphasises an evaluative mediation style that is embedded in Eastern social practices. Instead of focusing on gendered power disparity and family violence as limitations on the practice of facilitative mediation, this book details the practice of evaluative mediation which may provide fair justice to women despite the presence of gendered power disparity and family violence in a society.
"This book explains how to mediate legal disputes-cases serious enough for parties to hire lawyers to represent them-and describes the techniques you can use to resolve them"--
Can power sharing prevent violent ethnic conflict? And if so, how can the international community best promote that outcome? In this concise volume, Timothy Sisk defines power sharing as practices and institutions that result in broad-based governing coalitions generally inclusive of all major ethnic groups. He identifies the principal approaches to power sharing, including autonomy, federations, and proportional electoral systems. In addition, Sisk highlights the problems with various power-sharing approaches and practices that have been raised by scholars and practitioners alike, and the instances where power-sharing experiments have succeeded and where they have failed. Finally, he offers some guidance to policymakers as they ponder power-sharing arrangements.
Power sharing may be broadly defined as any set of arrangements that prevents one political agency or collective from monopolizing power, whether temporarily or permanently. Ideally, such measures promote inclusiveness or at least the coexistence of divergent cultures within a state. In places deeply divided by national, ethnic, linguistic, or religious conflict, power sharing is the standard prescription for reconciling antagonistic groups, particularly where genocide, expulsion, or coerced assimilation threaten the lives and rights of minority peoples. In recent history, the success record of this measure is mixed. Power Sharing in Deeply Divided Places features fifteen analytical studies of power-sharing systems, past and present, as well as critical evaluations of the role of electoral systems and courts in their implementation. Interdisciplinary and international in formation and execution, the chapters encompass divided cities such as Belfast, Jerusalem, Kirkuk, and Sarajevo and divided places such as Belgium, Israel/Palestine, Northern Ireland, and South Africa, as well as the Holy Roman Empire, the Saffavid Empire, Aceh in Indonesia, and the European Union. Equally suitable for specialists, teachers, and students, Power Sharing in Deeply Divided Places considers the merits and defects of an array of variant systems and provides explanations of their emergence, maintenance, and failings; some essays offer lucid proposals targeted at particular places. While this volume does not presume that power sharing is a panacea for social reconciliation, it does suggest how it can help foster peace and democracy in conflict-torn countries. Contributors: Liam Anderson, Florian Bieber, Scott A. Bollens, Benjamin Braude, Ed Cairns, Randall Collins, Kris Deschouwer, Bernard Grofman, Colin Irwin, Samuel Issacharoff, Allison McCulloch, Joanne McEvoy, Brendan O'Leary, Philippe van Parijs, Alfred Stepan, Ronald Wintrobe.
For an in-depth discussion of all the issues that a mediator or advocate needs to become an expert on the process, turn to Dwight Golanns award-winning MEDIATING LEGAL DISPUTES. Recognized by the CPR Institute for Dispute Resolution For The best book published in the field of dispute resolution, MEDIATING LEGAL DISPUTES is the only mediation resource youll need. The author discusses not only the very real psychological dimensions of disputing, but also grapples with tough techniques like decision analysis and evaluation to deal with real disputes over who will win in court. This valuable reference offers unique and powerful mediation methods that: Minimize the impact of spin tactics, private agendas, and hard-line bargaining strategies Calculate the cost of litigation alternatives as part of the mediation strategy Overcome hidden obstacles to settlement, such as emotional/psychological sticking points Apply sophisticated techniques (such as on-the-spot laptop computer programs) to analyze risk and break negotiating impasses Meet the challenges posed by specialized disputes such as employment and environmental cases Youll also learn mediation techniques for reducing friction, counteracting 'bad blood,' and guiding your case to satisfactory resolution.