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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.
This book is informative, fascinating, and readable. "Thirty Reasons Why Mediation should be Considered in Resolving Conflicts " highlight the reasons why conflicts can be resolved much easier than most of us thought.
"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"--
Conflicts in the international system, both among and within states, bring death, destruction, and human misery. Understanding how third parties use mediation to encourage settlements and establish a durable peace among belligerents is vital for managing these conflicts. Among many features, this book empirically examines the history of post-World War II mediation efforts to: Chart the historical changes in the types of conflicts that mediation addresses and the links between different mediation efforts across time. Explore the roles played by providers of mediation in the international system - namely, individuals, states, and organizations - in managing violent conflicts. Gauge the influence of self-interest and altruism as motivating forces that determine which conflicts are mediated and which are ignored. Evaluate what we know about the willingness of parties in conflict to accept mediation, when and why it is most effective, and discuss the future challenges facing mediators in the contemporary world. Drawing on a wide range of examples from the Oslo Accords and Good Friday Agreement to efforts to manage the civil wars in Burundi, Tajikistan, and Bosnia, this book is an indispensable guide to international mediation for students, practitioners, and general readers seeking to understand better how third parties can use mediation to deal with the globe’s trouble spots.
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.
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.
Provides mediators and other professionals who use mediationsuch as lawyers, therapists, and personnel managerswith comprehensive, step-by-step instruction in effective dispute resolution strategies.
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.