Sharing a Mediator's Powers


Book Description

"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.




Power Sharing and International Mediation in Ethnic Conflicts


Book Description

Can power sharing prevent violent ethnic conflict? And if so, how can the international community best promote that outcome? In this concise volume, Timothy Sisk defines power sharing as practices and institutions that result in broad-based governing coalitions generally inclusive of all major ethnic groups. He identifies the principal approaches to power sharing, including autonomy, federations, and proportional electoral systems. In addition, Sisk highlights the problems with various power-sharing approaches and practices that have been raised by scholars and practitioners alike, and the instances where power-sharing experiments have succeeded and where they have failed. Finally, he offers some guidance to policymakers as they ponder power-sharing arrangements.




Gender Power and Mediation


Book Description

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.




Imperfect Unions


Book Description

International institutions play important roles in political-military issues as well as in economic and environmental affairs. Indeed, it is impossible to understand efforts to resolve regional and local conflicts, or the form and pace of alliance formation and expansion, without paying attention to security institutions. Imperfect Unions discusses a wide variety of security institutions, including NATO, the Western European Union, United Nations peacekeeping, the ASEAB Regional Forum, and the Organisation for Security and Co-operation in Europe. It describes changes in security institutions, documents the effects of such institutions on national policies, and explores the conditions that affect the patterns of co-operation and discord that ensue. The book helps to improve our understanding of recent developments in international relations such as NATO enlargement and the regionalization of peacekeeping. In theoretical terms, it shows how institutionalist approaches, such as those represented in this volume, can enrich the important field of security studies.




Constitutional Courts as Mediators


Book Description

This book offers a new theoretical framework for understanding the mediator role played by constitutional courts in democratic conflict solving. The book proposes an informational theory of constitutional review in which constitutional courts obtain, process, and transmit information to parties in a way that reduces the uncertainty causing their conflict. The substantive focus of the book is the role of constitutional courts in democracies where the armed forces are fighting internal armed conflicts of different types: Colombia, Peru, and Mexico in Latin America and also Israel, Turkey, and Pakistan. Through detailed analyses of the political context, civil-military relations, and the constitutional jurisprudence on military autonomy and the regulation of the use of force the book shows that constitutional courts can be instrumental in striking a democratically accepted balance between the exercise of civilian authority and the legitimate needs of the military in its pursuit of order and national security.




The Mediation Process


Book Description

Provides mediators and other professionals who use mediationsuch as lawyers, therapists, and personnel managerswith comprehensive, step-by-step instruction in effective dispute resolution strategies.




Mediating Legal Disputes


Book Description

"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"--




Mediating Legal Disputes


Book Description

For an in-depth discussion of all the issues that a mediator or advocate needs to become an expert on the process, turn to Dwight Golanns award-winning MEDIATING LEGAL DISPUTES. Recognized by the CPR Institute for Dispute Resolution For The best book published in the field of dispute resolution, MEDIATING LEGAL DISPUTES is the only mediation resource youll need. The author discusses not only the very real psychological dimensions of disputing, but also grapples with tough techniques like decision analysis and evaluation to deal with real disputes over who will win in court. This valuable reference offers unique and powerful mediation methods that: Minimize the impact of spin tactics, private agendas, and hard-line bargaining strategies Calculate the cost of litigation alternatives as part of the mediation strategy Overcome hidden obstacles to settlement, such as emotional/psychological sticking points Apply sophisticated techniques (such as on-the-spot laptop computer programs) to analyze risk and break negotiating impasses Meet the challenges posed by specialized disputes such as employment and environmental cases Youll also learn mediation techniques for reducing friction, counteracting 'bad blood,' and guiding your case to satisfactory resolution.




International Mediation


Book Description

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.




That Which Way


Book Description

As a light that shines through darkness Talon has provided a gift to us all in the form of a book that finally captures the language of angels. A true non-fiction intellectual work of literary art! Tony Marinozzi, author/producer Dec. 12, 2012 That Which Way is an exceptionally brilliant masterpiece and you must be a genius. I believe you and believe in you. Olayinka Ayobolu, author Sept. 1, 2012