Perceptions in Litigation and Mediation PDF Download

Author: Tamara Relis
Publisher: Cambridge University Press
ISBN: 1139475770
Category : Law
Languages : en
Pages : 285

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Book Description
Offering interdisciplinary insights from sociological, psychological and gender studies, this book addresses this question: how do professional, lay and gendered actors understand and experience case processing in litigation and mediation? Drawing on data from 131 interviews, questionnaires and observations of plaintiffs, defendants, lawyers and mediators involved in 64 fatality and medical injury cases, the book challenges dominant understandings of how formal legal processes and dispute resolution work in practice as well as the notion that disputants and their representatives broadly understand and want the same things during case processing. In juxtaposing actors' discourse on all sides of ongoing cases on issues such as expectations, needs, comprehensions of what plaintiffs seek from the legal system, objectives for resolving conflict at mediation, and perceptions of what occurs during attempts at case resolution, the findings reveal inherent problems with the core workings of the legal system.

Author: Shahla F. Ali
Publisher: Edward Elgar Publishing
ISBN: 1786435861
Category : Law
Languages : en
Pages : 296

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Book Description
As judiciaries advance, exploring how court mediation programs can provide opportunities for party-directed reconciliation whilst ensuring access to formal legal channels requires careful investigation. Court Mediation Reform explores comparative empirical findings in order to examine the association between court mediation structure and perceptions of justice, efficiency and confidence in courts.

Author: Tamara Relis
Publisher: Cambridge University Press
ISBN: 0521517311
Category : Law
Languages : en
Pages : 305

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Book Description
This book compares the different perceptions of legal disputes during litigation and mediation processes. By examining case processing from the unique angle of juxtaposing all actors' understandings of the same issues in ongoing cases, the book provides a novel view of the diversity of lawyer-party realities. The findings reveal inherent problems with the core workings of the legal system.

Author: Paul Randolph
Publisher: Bloomsbury Publishing
ISBN: 1472922999
Category : Law
Languages : en
Pages : 224

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Book Description
This practical guide, with a foreword by Nobel Laureate Archbishop Desmond Tutu, will assist those interested in conflict resolution to better understand the psychological processes of parties in conflict and mediation. As Randolph argues, psychology is increasingly perceived by lawyers as a vital tool for resolving conflicts in the litigation environment, whether in commercial, family, community or employment disputes. With an ever-growing demand for mediators across international borders, the psychologically-informed mediator can also provide much needed facilitation in global trade and peace negotiations, as well as being invaluable in helping to resolve a variety of political and international conflicts.

Author: Dwight Golann
Publisher: American Bar Association
ISBN: 9781604423037
Category : Law
Languages : en
Pages : 394

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Book Description
This book combines theory with practical techniques for resolving difficult legal disputes, including: mediating effectively between hostile lawyers and parties; dealing with insulting first offers and reneging; predicting litigation outcomes without alienating disputants; effective impasse-breaking tips; and, for litigators, utilizing a mediator's special powers to achieve better outcomes for clients. Includes a DVD that demonstrates conducting an opening session, eliciting offers, delivering an evaluation, applying impasse tactics, and other essential skills.

Author: Penny Brooker
Publisher: Routledge
ISBN: 1136018883
Category : Law
Languages : en
Pages : 320

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Book Description
In England mediation became a key part of the civil justice reform agenda after the Woolf Reforms of 1996, as disputants were deflected from litigation towards settlement outside the court system. The Civil Procedure Rules (CPR) give courts the power to ‘encourage’ mediation through judicial case management or use stronger measures by using costs to penalise parties who act unreasonably by refusing to use ADR or mediation. One of the effects of this institutionalisation is an emerging case law that defines how mediation is practiced as it is merges with the litigation process. When mediation first began to be used in England the parties either agreed to mediate by a contract before a dispute happened or decided to attempt the process as a way of resolving disagreements. Inevitably, some disputants either refused to abide by their contractual obligations or would not follow through with the settlement agreements reached through the process. This brought the authority of the law into a new area and the juridification process began. This book explores how mediation law shapes the practice of mediation in the English jurisdiction. It provides a comprehensive examination of the legal framework for mediation, and explores the jurisprudence in order to analyse the extent that institutionalisation by the state and courts has led to the monopolisation by lawyers and a further ‘juridification’ process results. The book includes a comparative legal methodology on the framework underpinning mediation practise in other common law jurisdictions, including the United States, Australia, and Hong Kong, in order to explicate shared or distinctive approaches to mediation. The book will be of great interest to academics and students of legal theory and dispute resolution.

Author: Michael L. Moffitt
Publisher: John Wiley & Sons
ISBN: 1118429834
Category : Law
Languages : en
Pages : 580

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Book Description
This volume is an essential, cutting-edge reference for all practitioners, students, and teachers in the field of dispute resolution. Each chapter was written specifically for this collection and has never before been published. The contributors--drawn from a wide range of academic disciplines--contains many of the most prominent names in dispute resolution today, including Frank E. A. Sander, Carrie Menkel-Meadow, Bruce Patton, Lawrence Susskind, Ethan Katsh, Deborah Kolb, and Max Bazerman. The Handbook of Dispute Resolution contains the most current thinking about dispute resolution. It synthesizes more than thirty years of research into cogent, practitioner-focused chapters that assume no previous background in the field. At the same time, the book offers path-breaking research and theory that will interest those who have been immersed in the study or practice of dispute resolution for years. The Handbook also offers insights on how to understand disputants. It explores how personality factors, emotions, concerns about identity, relationship dynamics, and perceptions contribute to the escalation of disputes. The volume also explains some of the lessons available from viewing disputes through the lens of gender and cultural differences.

Author: Andrea Doneff
Publisher: Aspen Publishing
ISBN: 160156337X
Category : Law
Languages : en
Pages : 294

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Book Description
Alternatives to Litigation was first published in 1993 when alternate dispute resolution practice was in its infancy. Now in its Third Edition, this book reflects the growth in this field and also the growing interest and in some states mandatory use of ADR. Authors Andrea Doneff and Abraham Ordover explore key concepts and terms, and address practical how-to issues that all attorneys need to recognize and master regardless of their field of expertise. Alternatives to Litigation includes appendices providing sample agreements, checklists, a model standard of conduct, commentary on ethical issues and other useful resources.

Author: Jay Folberg
Publisher: Aspen Publishing
ISBN: 1543844359
Category : Law
Languages : en
Pages : 804

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Book Description
The purchase of this ebook edition does not entitle you to receive access to the Connected eBook on CasebookConnect. You will need to purchase a new print book to get access to the full experience including: lifetime access to the online ebook with highlight, annotation, and search capabilities, plus an outline tool and other helpful resources. Resolving Disputes: Theory, Practice, and Law, Fourth Edition, covers negotiation, mediation, arbitration, and hybrid approaches, preparing law students to represent clients in all types of alternative dispute resolution. The text is practical, while grounded in theory. Drawing on the authors’ decades of experience as teachers, practicing neutrals, and ADR trainers, this casebook provides vivid examples from actual cases, literature, and current media. It also offers diverse readings by leading authors, along with comprehensive video-based resources and attention to prominent developments in the field. The text integrates coverage of law, ethics, and practice, as well as interesting notes, thoughtful problems, and provocative questions. New to the Fourth Edition: Fresh new material and perspectives benefiting from two new coauthors More problems, techniques, resources, and video-based examples of effective representation in mediation Integrated access to videos, allowing students to view professionals applying techniques discussed in the book as they read Streamlined presentation—concise excerpts and summaries that allow shorter reading assignments Greater coverage of online dispute resolution (ODR) and dispute systems design (DSD)—two of the most important new directions in the field Increased focus on gender, #MeToo, culture, social activism, historical inequities, anti-racism, and other crucial issues affecting dispute resolution today Discussion of how dispute resolution is changing with new technological advances, social trends and hybrid processes Expanded arbitration section, with attention to adhesion contracts, recent cases and legislation Access to arbitration games, exercises and streaming interviews with top arbitration experts An in-depth chapter on mixing ADR modes and hybrid processes Professors and student will benefit from: Organization and readings designed to be used as part of an active experiential class without sacrificing the deep knowledge expected in a law school course Informal writing style, interesting examples, practical advice, and thought-provoking questions, all written specifically for law students who will soon represent clients in resolving disputes Practice-based approach that helps students apply the concepts and better identify the value in the content Exercises and problems that facilitate classroom discussion

Author: Dwight Golann
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 504

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Book Description
This exciting new coursebook is designed to teach students how to represent clients effectively in resolving disputes through mediation. Written by the authors of a successful comprehensive casebook on dispute resolution and leading texts on mediating legal disputes, this book: includes all of the mediation material in their RESOLVING DISPUTES text, plus selected materials from the negotiation and hybrid sections includes chapters on negotiation styles and techniques, including problem-solving, competitive, and other approaches to bargaining expands on specific issues, such as process techniques and emotional barriers presents new coverage of material not in the parent book, such as readings on public policy concerns and decision analysis is accompanied by a unique teaching DVD available free of charge to adopters. The 18-chapter, 120-minute DVD presents professional-quality video of mediation and negotiation created by the authors, As well as excerpts from leading mediation videos is accompanied by a thorough Teacheriquest;s Manual with detailed syllabi, teaching notes, discussion points, exercises, simulations, role-plays, and suggestions for movies and film clips. The Teacher's Manual shows how teachers can bring classes alive by coordinating text, role-plays, and DVD video of experts playing the students' roles MEDIATION: The Roles of Advocate and Neutral has a distinctly practical focus: the text integrates theory with skills and strategies, ethics, The law, and problems drawn from practice, with greater emphasis than other texts on issues that students will encounter in legal practice focuses on the lawyer's perspective as an agent for clients includes examples from headline cases, literature, and practice draws on the authors' roles as leading ADR teachers, trainers, and practitioners of mediation in the United States and internationally