Legal Counseling, Negotiating, and Mediating: A Practical Approach

Author: G. Nicholas Herman,Jean M. Cary

Publisher: LexisNexis

ISBN: 0327177748

Category: Law

Page: 572

View: 3797

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This book provides a comprehensive descriptive and prescriptive treatment of legal counseling, interviewing, and negotiation (including mediation and plea-bargaining). As reflected in the title, the book takes "a practical approach" to these skills, so students can learn specifically how to engage in effective counseling and negotiating. The book also emphasizes pertinent ethical and legal considerations in connection with counseling clients and negotiating settlements. The authors discuss leading "theoretical approaches" to the extent those approaches can be meaningfully applied in practice. The overall effect is to emphasize that blend of theory, practice, ethics, and law that is most meaningful in the sense of having real-life application to effective client representation. The Appendices to the book provide numerous negotiation and mediation, including plea-bargaining, role-plays. This eBook features links to Lexis Advance for further legal research options.

Mediation

A Psychological Insight Into Conflict Resolution

Author: Freddie Strasser,Paul Randolph

Publisher: A&C Black

ISBN: 9780826475039

Category: Psychology

Page: 202

View: 1937

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This book is about conflict resolution through mediation, from a psychological perspective. Although written in part from the point of view of litigation, the objective is to demonstrate how an appreciation of the psychological aspects of conflict and an understanding of the emotional strategies people adopt in dispute situations can assist both lawyers and non-lawyers in resolving conflicts. The book consists of three sections- a theoretical analysis of conflict and conflict resolution; a practical, legal and experiential explanation of mediation; and thirdly a series of mock mediations, comprehensively analysed from the viewpoint of the mediator and the parties, providing tips and guidance on the dilemmas and pitfalls that mediators encounter. The book is based on three fundamental tenets: that conflict is ever present, and cannot be eliminated but can be worked with; that the attitude and stance of the mediator towards the dispute can be of significance to the outcome; and above all that the use of psychotherapeutic tools can facilitate a paradigm shift in the parties' approach to conflict. The authors demonstrate how the mediator can move parties in dispute from a position of intransigent adversity to a working alliance, and thereby achieve a 'good enough ' resolution.

A Practical Approach to Client Interviewing, Counseling, and Decision-Making: For Clinical Programs and Practical Skills Courses

Author: G. Nicholas Herman,Jean M. Cary

Publisher: LexisNexis

ISBN: 0327178353

Category: Law

Page: 210

View: 2626

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This book provides a practical approach to client interviewing, counseling, and decision-making. These are practical skills, not theoretical ones. Thus, the overall pedagogical approach taken by the text is to explain to students what to do and how to do it when engaging in interviewing, counseling, and decision-making with a client. This accords with the growing trend in law schools to de-emphasize heuristic theory in teaching practical skills and, instead, to teach those skills in simulated "real-life" contexts. Based on the guidance and techniques provided in the text, students will best learn the skills of interviewing and counseling by applying them in various role plays contained in the Teacher's Manual or through other role plays developed by their professor. Three other features of this book are worthy of mention: • The book is deliberately designed to be short -- to "get to the point," without unnecessary palaver. • The book provides an extensive discussion of the most pertinent provisions of the ABA Model Rules of Professional Conduct relating to client interviewing, counseling, and decision-making. • The book discusses interviewing witnesses and counseling in certain special contexts, including counseling about settlement, counseling through the writing of opinion letters, counseling the client as a deponent, and counseling the criminal defendant.

Success as a Mediator For Dummies

Author: Victoria Pynchon

Publisher: John Wiley & Sons

ISBN: 1118078624

Category: Law

Page: 360

View: 7920

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To be an effective mediator, you need to learn and fine-tune a variety of special skills, from remaining calm and neutral, to breaking impasse, to marketing your business with diligence. This guide gives you everything you need to enter the exciting world of mediation.

Plea Bargaining - Third Edition

Author: G. Nicholas Herman

Publisher: Juris Publishing, Inc.

ISBN: 1578233542

Category: Law

Page: 596

View: 6451

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Plea Bargaining -- the only comprehensive, fully up-to-date reference on the subject -- teaches you how to negotiate the best deal. It discusses the nature, types and goals of plea bargaining, and treats in detail a wide variety of styles and strategies. Attorneys on both sides of the aisle know that effective plea bargaining is both an art and a science. You'll find extensive analysis of plea bargaining in the federal courts, the process of negotiating with the U.S. Attorney under the U.S. Sentencing Guidelines, as well as the plea policies of the Department of Justice contained in the United States Attorney’s Manual and the Principles of Federal Prosecution. Other pertinent standards and rules such as the ABA Standards for Criminal Justice, National District Attorneys Association Prosecution Standards and the ABA Model Rules of Professional Conduct are also discussed.

Practicing Narrative Mediation

Loosening the Grip of Conflict

Author: John Winslade,Gerald D. Monk

Publisher: John Wiley & Sons

ISBN: 0470437693

Category: Law

Page: 336

View: 8847

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Practicing Narrative Mediation provides mediation practitioners with practical narrative approaches that can be applied to a wide variety of conflict resolution situations. Written by John Winslade and Gerald Monk—leaders in the narrative therapy movement—the book contains suggestions and illustrative examples for applying the proven narrative technique when working with restorative conferencing and mediation in organizations, schools, health care, divorce cases, employer and employee problems, and civil and international conflicts. Practicing Narrative Mediation also explores the most recent research available on discursive positioning and exposes the influence of the moment-to-moment factors that are playing out in conflict situations. The authors include new concepts derived from narrative family work such as "absent but implicit," "double listening," and "outsider-witness practices."

Divorce and Family Mediation

Models, Techniques, and Applications

Author: Jay Folberg,Ann Milne,Peter Salem

Publisher: Guilford Press

ISBN: 9781593850029

Category: Psychology

Page: 588

View: 4034

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Building on the success of their groundbreaking 1988 Divorce Mediation, Folberg et al. now present the latest state-of-the-art, comprehensive resource on family and divorce mediation. Paving the way for the field to establish its own distinct discipline and academic tradition, this authoritative volume offers chapters contributed by leading mediation researchers, trainers, and practitioners. Detailed are the theory behind mediation practice, the contemporary social and political context, and practical issues involved in mediating divorce and custody disputes with contemporary families. Authors also address intriguing questions about professional standards and where the field should go from here. A groundbreaking resource, this volume is indispensable for all mental health and legal professionals working with families in transition.

Mediating Divorce

A Step-by-Step Manual

Author: Marilyn S. McKnight,Stephen K. Erickson

Publisher: Jossey-Bass

ISBN: 9780787958497

Category: Psychology

Page: 224

View: 5861

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Mediating Divorce: A Step-by-Step Manual is written for family law attorneys and therapists who need a comprehensive resource for facilitating the divorce mediation process. Written by Marilyn S. McKnight and Stephen K. Erickson, two widely known pioneers in the field of divorce mediation, this useful guide will show how to implement the techniques needed to be an effective divorce mediator. It includes helpful information for understanding and working through the emotions experienced by people going through a divorce.

High Conflict People in Legal Disputes

Author: Bill Eddy

Publisher: BookBaby

ISBN: 1936268752

Category: Law

Page: 260

View: 4487

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People with high conflict personalities (HCPs) clog our courts as plaintiffs with inappropriate claims against their personal "targets of blame," and as defendants who have harmed others and need to be stopped. Everybody knows someone with a High Conflict Personality. "How can he be so unreasonable?" "Why does she keep fighting? Can't she see how destructive she is?" "Can you believe they're going to court over ______?" Some HCPs are more difficult than others, but they tend to share a similar preoccupation with blame that drives them into one dispute after another—and keeps everyone perplexed about how to deal with them. Using case examples and an analysis of the general litigation and negotiation behaviors of HCPs, this book helps make sense of the fears that drive people to file lawsuits and complaints. It provides insight for containing their behavior while managing and/or resolving their disputes. Characteristics of the five "high-conflict" personality disorders are explored: Borderline Narcissistic Histrionic Paranoid Antisocial Bill Eddy is a lawyer, therapist, mediator, and President of the High Conflict Institute. He developed the "High Conflict Personality" theory and is an international expert on the subject. He is a Certified Family Law Specialist and Senior Family Mediator at the National Conflict Resolution Center. He has taught at the University of San Diego School of Law, is on the part-time faculty of the Straus Institute for Dispute Resolution at the Pepperdine University School of Law and the National Judicial College, and lectures at Monash University in Australia.

Getting to Yes

Negotiating Agreement Without Giving In

Author: Roger Fisher,William L. Ury,Bruce Patton

Publisher: Penguin

ISBN: 9781101539545

Category: Business & Economics

Page: 240

View: 6346

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The key text on problem-solving negotiation-updated and revised Since its original publication nearly thirty years ago, Getting to Yes has helped millions of people learn a better way to negotiate. One of the primary business texts of the modern era, it is based on the work of the Harvard Negotiation Project, a group that deals with all levels of negotiation and conflict resolution. Getting to Yes offers a proven, step-by-step strategy for coming to mutually acceptable agreements in every sort of conflict. Thoroughly updated and revised, it offers readers a straight- forward, universally applicable method for negotiating personal and professional disputes without getting angry-or getting taken. From the Trade Paperback edition.

Renegotiating Family Relationships

Divorce, Child Custody, and Mediation

Author: Robert E. Emery

Publisher: Guilford Press

ISBN: 1609189817

Category: Psychology

Page: 242

View: 9933

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Long recognized as the authoritative guide for clinicians working with divorcing families, this book presents crucial concepts, strategies, and intervention techniques. Robert E. Emery describes how to help parents navigate the emotional and legal hurdles of this painful family transition while protecting their children's well-being. The book is grounded in cutting-edge research on family relationships, parenting, and children's adjustment, including Emery's groundbreaking longitudinal study of the impact of divorce mediation versus litigation. It provides a detailed treatment manual for mediating custody and other disputes, developing collaborative parenting plans, and fostering positive postdivorce family relationships. New to This Edition *Reflects the latest psychological research, as well as divorce and custody law. *Chapters on understanding and addressing divorcing partners' anger and grief. *Treatment manual chapters have been extensively revised. *Incorporates the author's 12-year follow-up study.

Legal Negotiation

Theory and Applications

Author: Donald G. Gifford

Publisher: West Group

ISBN: N.A

Category: Law

Page: 225

View: 7968

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Provides for the first time a single text that describes competitive negotiation tactics and more collaborative approaches, such as problemsolving and cooperative tactics most likely to be effective in a given situation. For the professor teaching a Negotiation or Dispute Resolution course. Teaches law students practical techniques needed to negotiate more effectively. Sample dialogue illustrates specific negotiation tactics. The research of social scientists is discussed when their findings and theoretical models are directly relevant to the negotiating lawyer. Mediation, arbitration and other alternative dispute resolution techniques are described in a separate chapter that analyzes their impact on negotiation.

Client Science

Advice for Lawyers on Counseling Clients through Bad News and Other Legal Realities

Author: Marjorie Corman Aaron

Publisher: Oxford University Press

ISBN: 0199970858

Category: Law

Page: 288

View: 3470

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Lawyers know that client counseling can be the most challenging part of legal practice. Clients question and often resist the complexities and uncertainties inherent in law and legal process. Honest advice from the lawyer can make a client doubt his or her allegiance and zeal. Client backlash may be directed at the lawyer who communicates bad news. Thus, the lawyer may feel torn between the obligation to clearly inform a client about weaknesses in legal positions and fear of damaging the client relationship. Too often, the lawyer struggles to counsel a particularly difficult client, but to no avail. Client Science is written to provide insight and advice to lawyers on how to more effectively communicate with their clients with regard to legal realities and difficult decisions. It will help lawyers with the always-difficult task of delivering "bad news," which will result in better-informed and thus more satisfied clients. The book explains applicable social science research and insights and translates them into plain language relevant to legal practice and client counseling. Marjorie Corman Aaron offers specific suggestions related to a lawyer's ordering, timing, phrasing, and type of explanation, as well as style adjustments for the lawyer's voice, gesture, and body position, all to impact client counseling and to improve the lawyer-client relationship.

Becoming a Mediator

An Insider's Guide to Exploring Careers in Mediation

Author: Peter Lovenheim

Publisher: Jossey-Bass

ISBN: N.A

Category: Business & Economics

Page: 272

View: 6718

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Most mediators feel that helping people end conflicts is special work, and, they're sustained by rewards beyond money, praise, or fame. But with no obvious career path and no prescribed courses to take or degrees to earn, how does one become a mediator? Whatever your background-whether in law, social work, teaching, psychology, business, homemaking, or parenting-you can become a mediator and find a satisfying career says Peter Lovenheim. Becoming a Mediator shows you how, offering a practical, nuts-and-bolts guide to breaking into the field and a no-nonsense approach to the reality of current professional opportunities. Drawing from the experiences of actual mediators, as well as from his own many years of work as an attorney and mediator, Lovenheim not only provides a vital resource but also conveys the sense of mission mediators feel for this emerging new profession.

Conflict Resolution for the Helping Professions

Negotiation, Mediation, Advocacy, Facilitation, and Restorative Justice

Author: Allan Edward Barsky,Professor Social Work Allan Barsky

Publisher: Oxford University Press

ISBN: 0199361185

Category:

Page: 624

View: 5747

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Revised edition of Conflict resolution for the helping professions, 2007.

Mediation Theory and Practice

Author: Suzanne McCorkle,Melanie J. Reese

Publisher: SAGE Publications

ISBN: 1506363520

Category: Language Arts & Disciplines

Page: 272

View: 4650

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Mediation Theory and Practice, Third Edition introduces you to the process of mediation by using practical examples that show you how to better manage conflicts and resolve disputes. Authors Suzanne McCorkle and Melanie J. Reese help you to understand the research and theory that underlie mediation, as well as provide you with the foundational skills a mediator must possess in any context, including issue identification, setting the agenda for negotiation, problem solving, settlement, and closure. New to the Third Edition: Expanded content on the role of evaluative mediation reflects the latest changes to the alternative dispute resolution field, helping you to distinguish between various approaches to mediation. Additional discussions around careers in conflict management familiarize you with employment opportunities for mediators, standards of professional conduct, and professional mediator competencies. New activities and case studies throughout each chapter assist you in developing their mediation competency.

A Practical Approach to Family Law

Author: The Right Honourable Lady Justice Jill Black DBE,Jane Bridge,Tina Bond,Liam Gribbin,Madeleine Reardon

Publisher: OUP Oxford

ISBN: 0191634603

Category: Law

Page: 656

View: 2190

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A Practical Approach to Family Law provides a clear picture of the law and practice relating to family proceedings in family proceedings courts, county courts, and the High Court. Its breadth of coverage and accessible style has made it an essential resource for students and practitioners alike. The ninth edition has been completely updated to take full account of recent developments, including the many significant changes brought about by the Family Procedure Rules 2010. The book also covers The Forced Marriage (Civil Protection) Act 2007; changes to the Children Act, including enforcement of orders and risk assessment; new Practice Directions on domestic violence, media in court and McKenzie friends guidance; changes to ancillary relief since Miller and McFarlane; new material on pre-nuptial agreements; the replacement of the Child Support Agency; and changes to Legal Aid. Very much a practical guide, the book makes extensive use of examples and key documents to assist the busy practitioner and student. With additional advice on library, information, and professional development resources, A Practical Approach to Family Law provides real assistance in dealing with this dynamic area of law. The A Practical Approach series is the perfect partner for practice work. Each title focuses on one field of the law and provides a comprehensive overview of the subject together with clear, practical advice and tips on issues likely to arise in practice. The books are also an excellent resource for those new to the law, where the expert overview and clear layout promotes clarity and ease of understanding.

A Practical Approach to Client Interviewing, Counseling, and Decision-Making: For Clinical Programs and Practical Skills Courses

Author: G. Nicholas Herman,Jean M. Cary

Publisher: LexisNexis

ISBN: 0327178353

Category: Law

Page: 210

View: 9131

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This book provides a practical approach to client interviewing, counseling, and decision-making. These are practical skills, not theoretical ones. Thus, the overall pedagogical approach taken by the text is to explain to students what to do and how to do it when engaging in interviewing, counseling, and decision-making with a client. This accords with the growing trend in law schools to de-emphasize heuristic theory in teaching practical skills and, instead, to teach those skills in simulated "real-life" contexts. Based on the guidance and techniques provided in the text, students will best learn the skills of interviewing and counseling by applying them in various role plays contained in the Teacher's Manual or through other role plays developed by their professor. Three other features of this book are worthy of mention: • The book is deliberately designed to be short -- to "get to the point," without unnecessary palaver. • The book provides an extensive discussion of the most pertinent provisions of the ABA Model Rules of Professional Conduct relating to client interviewing, counseling, and decision-making. • The book discusses interviewing witnesses and counseling in certain special contexts, including counseling about settlement, counseling through the writing of opinion letters, counseling the client as a deponent, and counseling the criminal defendant.