Legal Counseling Negotiating and Mediating A Practical Approach

Author: G. Nicholas Herman
Publisher: LexisNexis
ISBN: 0327177748
Format: PDF, Kindle
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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.

Plea Bargaining Third Edition

Author: G. Nicholas Herman
Publisher: Juris Publishing, Inc.
ISBN: 1578233542
Format: PDF, ePub, Docs
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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.

Das Harvard Konzept

Author: Roger Fisher
Publisher: Campus Verlag
ISBN: 359342990X
Format: PDF, ePub
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»Das Harvard-Konzept« gilt als das Standardwerk zum Thema Verhandeln – heute genauso wie vor 30 Jahren. Ob Gehaltsverhandlungen mit dem Chef, Tarifverhandlungen der Gewerkschaften, politische Konflikte auf höchster Ebene: Für Praktiker sämtlicher Berufsgruppen hat sich das sachbezogene Verhandeln als die wirksamste Methode bewährt, um Differenzen auszuräumen und zu einer gemeinsamen, bestmöglichen Lösung zu finden. Anlässlich des Jubiläums der deutschsprachigen Ausgabe erscheint es hier in einer attraktiven Sonderausgabe.

Mediation

Author: Freddie Strasser
Publisher: A&C Black
ISBN: 9780826475039
Format: PDF
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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.

Mediating and negotiating marital conflicts

Author: Desmond Ellis
Publisher: Sage Publications, Inc
ISBN: 9780761905028
Format: PDF, ePub, Mobi
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Conflicts associated with marital separation and divorce have, traditionally, been settled by lawyers through negotiations. Since 1980 in the United States, an increasing proportion of these conflicts have been settled or resolved through the process of marital-conflict mediation. Critics of mediation contend that the process fails to protect women from violent partners and that agreements neutralize the impact of gender-based power imbalances. Mediators argue that it is lawyers who are responsible for escalating conflict and that the legal process is costly and causes stressful delays in the separation process. The authors of this volume find that these arguments are ideologically driven and rarely supported by empirical