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The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Negotiation -- Mediation -- Arbitration -- Dispute resolution public policy.
This book is a commonsense guide to becoming a reflective practitioner, written by a practitioner for practitioners. This second edition is fully revised and updated, incorporating extensive new material emphasizing hands-on tools, worksheets, and guides along with practical advice for those interested in adopting reflective practice individually or in a group setting. It also provides useful resources, step-by-step instructions, and more case studies and commentaries from practitioners. Every person in a conflict resolution process sees the world differently and acts in a distinctive manner. Yet, by following well-developed practice routines, practitioners often fail to consider the unpredictability of human interactions and overlook behaviors that are inconsistent with their expectations. To respond effectively to surprising and unpredictable events, this book encourages practitioners to adapt their thinking, so they can use their knowledge and skills when situations do not match their assumptions or are inconsistent with their practice routines. This book also includes guest essays by Ava Abramowitz, Jodie Grant, Tzofnat Peleg-Baker, and Susanne Terry.
Fisher and Fox demonstrate how ordinary people experienced the foreclosure crisis and how lenders and public institutions failed to protect them.
Assembled from Dispute Resolution Journal - the flagship publication of the American Arbitration Association - the chapters in the Handbook have all, where necessary, been revised and updated prior to publication. The book is succinct, comprehensive and a practical introduction to the use of arbitration and ADR, written by leading practitioners and scholars. The Handbook begins with a thorough introduction into the practice of mediation and offers advice and strategies in preparing for and conducting successful mediations. It explores the use of mediator evaluations, (i.e. opinions as to the likely outcome or value of legal claims), reframing (i.e. restating or rephrasing statements of conflict), risk analysis, the underlying psychology and bridging of cultural gaps, among many other areas included to assist mediators in achieving the best results. Attorneys are provided with guidance on establishing a mediation practice, preparing clients for mediation, negotiation tactics, and how to answer a client’s questions regarding the process of mediation. It discusses confidentiality and ethics in mediation and also addresses the use of mediation in specific types of disputes, such as business to business matters, construction, medical malpractice, governmental agencies including environmental agencies, and in the workplace. Lastly, it touches on various mediation issues as they arise in the legal system. The chapters were selected from an extensive body of writings and, in the main, represent world-class assessments of arbitration and ADR practice. All the major facets of the field are addressed and provide the reader with comprehensive and accurate information, lucid evaluations, and an indication of future developments. They not only acquaint, but also ground the reader in the field.