|
Books > Law > Laws of other jurisdictions & general law > Courts & procedure > Arbitration procedure
This book with the essays and articles gives an insight on what
mediation is all about. The essays create an awareness that
mediation is an alternative to litigation. The essays serve as an
authoritative guide to all who are interested in the mediation
process.
The Grownups' ABCs of Conflict Resolution If you're working with
difficult people (who isn't?) or are not getting the results you
want in your work or your personal relationships, this book on
conflict resolution is for you In The Grownups' ABCs of Conflict
Resolution, attorney-author and mediator Victoria Pynchon describes
why conflicts arise, what types of people draw conflict to them
like a magnet, and how to effectively deal with the disputes that
dog our days and trouble our sleep at night. With clear writing,
personal stories and humor, Pynchon provides valuable information
and insight into the way in which we habitually fall into conflict
and how we can use it to transform our lives and the lives of those
around us. This easily understandable book provides practical
suggestions for people to use in their day-to-day lives. The
cheerful 'monster' illustrations remind us that monsters and
conflicts are are often of our own creation and can be tamed if
only we have the magic words. You'll find those transforming and
healing words inside. Join us Excerpt from Chapter 1, A is for
Asshole, "Thus we learn that an asshole is not necessarily a person
or even a behavior. No one can be an asshole alone in his room. He
needs someone to be an asshole to. An asshole is a social
relationship in crisis. An asshole is a dispute."
Did you ever wonder how to help two parties resolve a dispute where
everyone wins? How to help two feuding neighbors?This book is
designed to offer mediation tips through unique and creative
approaches. This book is for the causal reader of negotiations to
the student of mediation. From the professional mediator to the
every day peace maker. Each chapter is based on an actual event to
help illustrate the various approaches and techniques.
The relative merits of different arbitral venues are conveyed
accessibly and practically in this far-reaching survey. With
contributions from prestigious practitioners from every major
global seat, the book offers comparative analysis of the relative
challenges arising at venues around the world, As a reliable tool
during the negotiation and drafting stages, it enables a newly
tactical consideration of venue, whilst providing instant answers
to those in unfamiliar jurisdictions. Offering detailed analysis of
a range of key venues, it addresses not only the practical reality
but also the history and development in these seats, making the
book both an academic and a practical investment.
"Overall, this is a book that can be highly recommended for any
attorney involved in providing representation in mediation. Its
brevity, clarity, and accuracy make it a valuable contribution."
The Alternative Newsletter, Seton Hall Law School, March 1995
Si usted es uno de los Inmigrantes que busca beneficiarse de la
reforma Migratoria, Este libro no debe faltar en su proceso de
Impuestos contiene las 100 preguntas mas comunes con las respuestas
que todo inmigrante ilegal tiene en materia tributaria. Sugerencias
para presentar sus impuestos y cualificar para la amnistia
migratoria. Conozca los errores mas comunes y como evitarlos. Como
recuperar miles de dolares de sus reembolsos anteriores, la manera
mas practica de actualizar sus aportes al Seguro Social y no perder
los creditos anteriores, como completar la forma W-7 paso a paso
para el numero ITIN y mucho mas. Este libro es escrito con el fin
de ayudar y orientar a los Inmigrantes ilegales en los EE.UU, en el
tema de impuestos, aquellos que necesitan mas informacion y
orientacion para saber que deben hacer en la esperada Reforma
Migratoria.
Until the early 1990s it was often considered a sign of weakness if
a litigating party made overtures to negotiate a settlement. It was
also common to see groups of robed barristers outside the doors of
various courts, busily trying to settle their cases at the last
minute. Parties would hold their cards close to their chest in the
hope of catching the other party off guard and last minute
applications for adjournment with significant cost penalties were
common. We now practice in more enlightened times. Through the
process of mediation, courts and tribunals have encouraged parties
to mediate and an offer to negotiate is seen more as a sign of
strength. Over 60% of all disputes are now settled well before the
dreaded 'door of the court'. If they don't settle, at least the
parties have had the opportunity to ventilate the issues and reduce
the length of trials. All mediations are different with no
predictable results. All mediators are different and each has an
individual approach. All those participating in mediations are
different and have their own agenda. I have set out in this
handbook some approaches and tactics which may help lawyers
appearing in mediations. None of my suggestions must be followed,
in fact there will be circumstances where some of the approaches I
refer to are inappropriate and should not be followed. But all of
what is contained in this book should cause practitioners to think
-about the process, about how to approach mediation, about the
direction in which they want the mediation to proceed and about the
result they want to achieve for their clients. Most books and
seminars about mediation are given from the mediators' perspective
- how to be an effective mediator and how mediators should conduct
mediations. In this handbook, mediation is approached from the
point of view of the lawyers representing the parties and is to
serve as a practical guide. The aim of this book is to give legal
representatives, be they solicitors or barristers, an insight into
how they can best use the mediation process and mediators to
resolve disputes for their clients, mitigate costs or improve the
chances of success in court should the matter not settle. Mediators
may perceive some of my suggestions could make their task more
difficult. This is not my intention. I have endeavoured to provide
food for thought for those practitioners who want to use the
mediation process to their clients' best advantage and who are open
to resolving the dispute. My earnest belief is all practitioners
have an obligation to approach mediation with a will to settle and
should never attempt to obstruct the mediator or the process.
Mediation exists within the context of a culture of alternative
dispute resolution which has grown in strength within the legal and
broader communities to a point where this form of dispute
resolution is now commonplace. Courts and Tribunals in Australia
now refer most disputes to mediation as part of their normal
process, reflecting the preference for early dispute resolution.
However many lawyers in mediations have never really considered how
to maximise the process for their clients or for themselves. Nor
have they, until now, any way of equipping themselves with
sufficient knowledge to be effective players in the process.
Mediation is an art form which, if conducted properly, will resolve
most disputes. At the very least the process will provide a
valuable insight into the strengths and weaknesses of each party's
case, setting the scene for eventual resolution or narrowing the
issues in dispute.
Mediators assisting divorcing parties face many challenges not
found in mediations of other types of cases. Never do emotions run
higher than when children are involved. Who gets primary custody?
How will visitation be determined or divided? How will support
amounts be decided? Then there are the marital assets that need to
be divided, the tax consequences to be considered, etc. There is a
long list of items to be negotiated and then memorialized in a
separation agreement. Non-lawyer mediators need to know what they
can and cannot do to assist clients with these agreements. This
guide will help them be able to assess the risks and to navigate
more safely as they practice their craft. The goal is to maximize
their effectiveness as practitioners, and by all means, to assist
them in avoiding a charge of the unauthorized practice of law. b
has given the current state of the art a gift. He takes us on an
"Bob has given the current state of the art a gift. He takes us on
an important walk through history, shares the current "standards"
and makes some wise observations about where we are, where we might
go and how to navigate while the field matures. Your understanding,
awareness and comfort will definitely increase. Although there will
still be uncertainty you will have the basis to make sound
assessments about the edges of what is acceptable. If you are a
beginner or a full time mediator working in the trenches this book
is a must read." - Stewart Levine, Esq. Founder of
www.ResolutionWorks.com Author of Getting to Resolution and The
Book of Agreement
A must read for everyone involved in or affected by conflict. The
Crossroads of Conflict: A Journey into the Heart of Dispute
Resolution argues that all conflicts are "cross-roads" and
catalysts for learning, evolution, growth, and wisdom. It shows how
to locate the root sources of conflict and remove the barriers to
reconciliation, collaboration, and community. Ken Cloke's unified
theory for resolving conflict is ground-breaking and destined to
become a cornerstone of the future of dispute resolution.
Included is a treatise on the origins of this process, the
different kinds of alternate dispute resolution processes and the
advantage over State Controlled Dispute resolution processes- The
courts. He has also included reference to "the Power of an
apology," discussed online ADR systems, and discusses its origins
in Islam, a religion that has perked the interest of the west, of a
religion that is so widespread and yet so misunderstood.. More
important he has tried to expound a more altruistic view of dispute
resolution using apt "Words of wisdom." He tries to show that as
Shakespeare put it " to obtain a pound of flesh" Or to do it for
the sake of revenge is not the right way to go. Arbitration is a
more formal, involved ADR process which whilst gaining importance
is the least understood process. He endeavours to make arbitrators
or parties to an arbitration out of novices with the least amount
of effort. He endeavours to demystify this creature called
"Arbitration" His appendix not only contains sample agreements,
rules etc but has sample arbitration clauses, not only for regular
contracts but for Company constitutions, wills, and marriage
contracts.
This book looks at how international treaties can be used to
establish successful national programmes. It is concerned
specifically with national mine action programmes, focusing on the
capacity of the national governments (also referred to as "the
state") to implement the "Convention on the prohibition of the use,
stockpiling, production and transfer of anti-personnel mines and on
their destruction." The Convention, which is also referred to as
the Mine Ban Treaty (MBT) or "Treaty," was finalised on September
18, 1997 in Oslo. Ten years after its creation, the Treaty has
proven a successful tool to address the humanitarian disaster
caused by landmines, yet most of the mine affected country
signatories to the MBT have not been able to meet their clearance
deadline. This book examines the underlying reasons for the
discrepancy between the terms of the Treaty and the reality of its
implementation, exploring its successes and shortcomings. In doing
so, the book sets out to answer the research question: considering
the disparate levels of success among countries committed to
implementing the Mine Ban Treaty, what are the key functions of
governments and governance structures in ensuring the successful
implementation of the Treaty?
Conflict resolution manual that combines contemporary approaches
with the peacemaking legacy of Saint Francis of Assisi.
Cross Cultural Management and Negotiation Practices is about
managing cultural differences throughout a country or organization,
according to some basic principles of professionalism and open
communication. One has to understand each individual and let people
freely voice their opinion in order to maximize their efficiency
and productivity toward the complex solutions we all face in
today's cross-cultural work environments. Likewise, professionals
need to have great management and negotiation skills while working
toward the objectives of maximizing shareholder benefits in the
organization. Cross Cultural Management and Negotiation Practices
is divided into four parts and includes subjects that each can be a
specialization of study in itself. Part I provides information on
culture and management as well as ethical challenges that managers
and expatriates face across the globe; Part II provides an overview
of negotiation fundamentals, negotiation model, and negotiation
steps which can be used by expatriates in international
assignments; Part III discusses practical skills such as
communication and conflict management along with expatriate, as
well as repatriate, training and development strategies; and Part
IV offers a variety of cases to emphasize specific concepts and
reflect upon real world challenges that can be used to facilitate
various topics and reflect upon their learning outcomes. Overall,
this book attempts to shed some light, albeit briefly, on specific
area by introducing the reader to the major topics and issues in
cross-cultural management and negotiations. Understanding these
subjects require examining one's own beliefs and values as well as
learning the skills of dealingappropriately with those whose
beliefs and values may be very different. The author and
contributors have used the concepts discussed in this book both
nationally and internationally with academic and practitioner
audiences to help increase their awareness of management,
international management, negotiations, communication, and
different cultures. The concepts, cases and exercises have been
gleaned from a variety of sources and professionals in the United
States and others around the globe. As such, these are very
relevant to today's work environment, and thus can easily fit most
management, international management, or cultural competency
courses, seminars, and employee development workshops. Management
trainers, corporate universities, colleges or professors wishing to
adopt this book or any of its chapters may contact the publisher or
the author to request the available supplementary facilitator's
materials such as the electronic Power Point files for
presentation, chapter summaries for usage with lectures and online
postings, test questions for discussions or exams, and/or other
supplementary material for exercises. The Instructor's CD
(resources) come electronically using Microsoft Power Point, Word,
and Excel files; as such, they can be adjusted by each educator and
facilitator for his or her lectures, training and presentations.
|
|