Mediation


Book Description




Appellate Mediation


Book Description

This book on appellate mediation serves as a guide for every appellate judge, lawyer, mediator, professor or student engaged in the practice or study of appellate law.




Mediate, Don't Litigate


Book Description

Presents an explanation of the mediation process, including choosing a mediator, preparing a case, negotiating, and writing a binding agreement.




Unbundled Legal Services


Book Description

"Focusing on family law practitioners, [this book] is a particularly appropriate resource given the unique promise that unbundling holds for family law litigants. In many jurisdictions, self-representation rates are highest in family cases. But, as any family law attorney (or family court litigant) knows, these are the case types that arguably benefit most from attorney involvement. Family issues are among the most sensitive and pressing matters that enter our civil justice system, and the outcomes of these cases can affect entire families for years to come. This important new book provides a crucial step forward in matching individuals with the family law services they need." -- Publisher's website.




Lawyers and Mediation


Book Description

This book charts the historical and current interaction between lawyers and mediation in both the common law and civil law world and analyses a number of issues relevant to lawyers’ part in the process. Lawyers have in the past and continue to play many roles in the context of mediation. While some are champions for the process, many remain on the fringes and apathetic, while others are openly sceptical or even anti-mediation in their stance. Yet others may have embraced mediation but, it is argued, for cynical, disingenuous reasons. By reviewing existing empirical evidence on lawyers’ interactions with mediation and by examining historical and current trends in lawyers’ dalliance with mediation, this book seeks to shed new light on a number of related issues, including: lawyers’ resistance to mediation; lawyers’ motives for involvement with mediation; the appropriateness of lawyers acting as mediators and party representatives; and the impact that both lawyers and the increasing institutionalisation of mediation have had on the normative form of the process, as well as the impact that mediation experience heralds for lawyers and legal systems in general.




Mediation Program


Book Description




The New Lawyer


Book Description

Today’s justice system and the legal profession have rendered the “lawyer-warrior” notion outdated, shifting toward conflict resolution rather than protracted litigation. The new lawyer’s skills go beyond court battles to encompass negotiation, mediation, collaborative practice, and restorative justice. In The New Lawyer, Julie Macfarlane explores the evolving role of practitioners, articulating legal and ethical complexities in a variety of contexts. The result is a thought-provoking exploration of the increasing impact of alternative strategies on the lawyer-client relationship, as well as on the legal system itself.




Prenuptial Agreements Line by Line


Book Description

Written by an experienced attorney who frequently speaks on various family law topics, Prenuptial Agreements Line by Line is a comprehensive examination of the crucial components included in a sample prenuptial agreement for the family law practitioner, general practice attorney, paralegal, mediator, or law student. This book explains the reasoning behind different clauses in a prenuptial agreement, including those that address the division of marital and separate assets, consideration, spousal support, attorneys fees and costs, alternative dispute resolution, and confidentiality to help meet the specific needs of each client. The sample agreement contained in this book outlines a variety of options and alternatives in drafting a prenuptial agreement, including some ways spousal support can be addressed, how property and debt division might be tackled, as well as potential confidentiality issues and potential agreements on alternative dispute resolution. While this agreement is not designed to include every possible provision, it acts as a useful starting point for the drafting of an enforceable contract. Prenuptial Agreements Line by Line is a valuable resource for anyone who has ever helped draft or negotiate a prenuptial agreement.




Representing Clients in Mediation


Book Description

This comprehensive, 600-page book helps both experienced counsel and rookies advance their clients cause more effectively at every stage of the mediation process. A few more examples: . Creating a plan for movement in offers and counteroffers. Spotting the chance to arbitrage a deal point . Using zingers to create positional vulnerabilities for your opponent . Mediation prep and its potential for cementing client relationships . How miscommunication through numbers can cause lost opportunities . Perils of the fatigue factor . Breaking impasse the pros and pitfalls of mediators techniques Every chapter also includes a variety of "sidebars" standalone pieces ranging from instructive anecdotes to direct me-to-you advice on specific mediation topics. Some examples: Johnathan C. Bolton s Bad First Time . . . Why Jay Cohen Reads Tom s Mediation Brief First . . . What Maralee Eriksen Learned From Watching 40 Mediated Settlement Conferences . . . How Parties Can (Mis)communicate Through Numbers . . . and many more."




Anatomy of a Mediation


Book Description

Hailed as a "one-on-one tutorial by a master of the art" (Former Chief Judge Judith S. Kaye), Anatomy of Mediation walks you step-by-step through author James C. Freund's distinctive "Neutral Negotiator" approach. A legendary attorney and mediator, James C. Freund has amassed his over two decades of experience and success in a single paperback volume to help you effectively mediate every dollar dispute imaginable starting with four expansive hypothetical situations.