The Corporate Counsel's Guide to Mediation


Book Description

This book is designed to help corporate counsel successfully settle commercial disputes through mediation. It examines the unique role that corporate counsel can play in mediation and offers step-by-step guidance. Topics include: an overview of the mediation alternative for corporate counsel; drafting mediation clauses; court-directed mediations; selecting the right mediator; preparing a case for mediation; participating in the mediation sessions; follow-up action after the mediation; and cross-cultural mediations.




The Organizational Ombudsman


Book Description

This book provides a detailed rationale for the creation of ombudsman offices; suggestions for structuring and documenting an ombudsman program and how to address issues that arise in litigation; a comprehensive presentation of various legal issues associated with organizational ombudsman programs;and numerous examples of how ombudsmen function in their organizations to illustrate how they are effective in addressing issues that people would not otherwise raise.




The Handbook of Dispute Resolution


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.




Executive Guide to Managing Disputes


Book Description

The Executive Guide to Managing Disputes not only explains why litigation is so costly, but also how to manage disputes sensibly to avoid unnecessary litigation, reduce costs, and improve results. The book shows how ADR (i.e., Alternative Dispute Resolution) can short-cut disputes, and how to use often inexpensive dispute management programs to contain costs and achieve favorable outcomes.







Litigation Interest and Risk Assessment


Book Description

"The main premise of this book is that lawyers and mediators should help parties make decisions in litigation by combining an assessment of likely court outcomes with a careful consideration of how their interests are likely to be affected if they (continue to) engage in litigation"--




Arbitration and Mediation in International Business


Book Description

"Arbitration and mediation in international business was first published in 1996 and was one of the first comprehensive studies on the practice of international business dispute resolution, covering both international commercial arbitration and the so-called ?alternative? techniques such as mediation. The book also provided an empirical analysis of how both arbitration and mediation are conducted in a crossborder context, along with a normative guide to the relative costs and benefits of these two methods. This second edition is not just an updated version of the first edition but a new book in itself: Benefitting from the contributions of two co-authors, the work has been enhanced by discussions of innovative tools for making settlement negotiations more effective, and by the in-depth analysis of practical techniques to integrate mediation and arbitration in international business. Also, a comprehensive new empirical survey was conducted in order to capture new trends in this rapidly developing field. The result is a ?must have? resource for anyone having to deal with potential conflict in international business relationships."--Publisher's website.




Referral to Mediation


Book Description

This book provides valuable advice for sound conflict diagnosis and a professional mediation proposal, along with many practical hints and tips based on years of experience and research. Mediation in the right situations can resolve conflicts effectively. The facilitating role played by referrers is crucial. The art of referral deserves to be on the skills palette of professionals who deal with other people's conflicts in their everyday work, whether they are managers, lawyers, judges, or HR staff. They should all be able to identify opportunities for an effective mediation proposal. Research has shown that a decision to proceed to mediation is best taken in consultation with the parties to the conflict. The consultation should be preceded by a thorough diagnosis of the conflict, an investigation of the parties' interests in finding a solution by mutual agreement, and a review of the available options.







Representing the Corporation


Book Description

Representing the Corporation gives you the inside track on understanding the legal services the corporation is really seeking from its counsel. Richard H. Weise shares his 30 years of experience in corporate legal affairs to show you how to develop practices that are in tune with the needs and requirements of the client. Weise offers valuable guidance to in-house counsel and practitioners on: Getting client feedback effectively -- Developing a healthy interdependent relationship with the client -- Implementing an effective dispute resolution strategy...an important client satisfier -- Helping a client with ethics management issues -- Offering the client a "no surprises" covenant. -- Working with the client on important compliance issues and crisis management. -- Plus leading-edge coverage of vital topics such as the law of the Internet, international corporate practice, intellectual property, securities law, government contracting, tax, mergers and acquisitions, and more.Representing the Corporation contains a wealth of adaptable sample forms, checklists, spreadsheets, in-house reports, and manuals for your particular situation.