Legal Counseling Negotiating and Mediating A Practical Approach

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

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

Author: G. Nicholas Herman
Publisher: LexisNexis
ISBN: 0327178353
Format: PDF
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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.

Advanced Negotiation and Mediation Theory and Practice

Author: Paul J. Zwier
Publisher:
ISBN: 9781601565136
Format: PDF, Kindle
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This book presents a strategic planning and integrated systematic approach to negotiation. This approach, as presented by Thomas F. Guernsey and Paul J. Zwier, claims both adversarial and problem-solving strategies have distinct advantages and that lawyers need to combine styles and strategies to achieve the best results for their clients.The book provides attorneys with an outline to plan and implement effective negotiating techniques. Guernsey and Zwier use up-to-date situations throughout the book to demonstrate how understanding negotiation theory and practice can help lawyers teach their clients to make better strategic use of negotiation. It breaks the counseling process into stages and shows what information the client needs in order to make an informed decision.The approach Guernsey and Zwier describe also serves as an organizational tool allowing attorneys to simplify a complex process sufficiently to view it as a whole. Advanced Negotiation and Mediation Theory and Practice describes four stages of negotiation:Icebreaking and Setting the AgendaInformation BargainingExchange, andCrisis and OutcomeThe book then focuses on the planning and strategic decision making process involved when negotiating in an international setting. In an increasingly global marketplace, it is vital that lawyer negotiators understand the role that cultural differences play in conducting negotiations. According to Guernsey and Zwier, your ability to implement your client's ends will often depend on the lawyer's ability to anticipate these differences and choose the right approach for the right setting.The authors examine multiparty negotiations and using a mediator to reach the client's goals. Guernsey and Zwier claim that one of the most important factors in choosing a mediator is the mediator's reputation for being prepared and invested in the process. The book concludes by focusing on the rules of professional responsibility.

Mediation

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

Success as a Mediator For Dummies

Author: Victoria Pynchon
Publisher: John Wiley & Sons
ISBN: 1118078624
Format: PDF, ePub, Mobi
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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.

Mediation Skills and Techniques

Author: Michael T. Colatrella Jr.
Publisher: LexisNexis
ISBN: 0327179201
Format: PDF, Docs
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This is an essential and comprehensive addition to the professional library of all mediators. It provides a thorough course of study of the mediation process, from convening the mediation to formalizing the settlement agreement. The book adopts an interdisciplinary approach to mediation, integrating knowledge and expertise from law, psychology, and sociology. Practical examples and case studies are used to illustrate the skills and techniques necessary to become an effective mediator. Bolstered with scientific research, the content of the book goes far beyond the scope of most other mediation books with its extensive consideration of the dynamics of interpersonal conflict and negotiation techniques that set high-quality mediators apart from the crowd. Additional helpful practical advice about cultivating a successful mediation practice is provided, including a survey of careers in mediation, tips on marketing, and appendices with useful forms and worksheets. All mediators and students of mediation will find sound and applicable guidance in this book, regardless of their experience level, background, education, or field of practice. This book answers the call for the systematic preparation of forward thinking mediation professionals who seek to be on the vanguard of this rapidly expanding and evolving field. Coverage includes: Ch. 1: Introduction to Learning Mediation Skills and Techniques Ch. 2: Establishing the Foundation: Introductions, Intake, Screening & Preparation Ch. 3: Maintaining a Favorable Climate Ch. 4: Managing the Mediation Process Ch. 5: Assisting the Communication Process Ch. 6: Managing Conflict from Crisis to Opportunity Ch. 7: Facilitating the Negotiations Ch. 8: Encouraging Settlement Ch. 9: Variations in the Mediation Process Ch. 10: Special Issues in Mediation Ch. 11: Avoiding Mediator Traps Ch. 12: Becoming a Mediator, Careers in Mediation, and Establishing a Private Mediation Practice

Client Science

Author: Marjorie Corman Aaron
Publisher: Oxford University Press
ISBN: 0199970858
Format: PDF, ePub, Mobi
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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.

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.

High Conflict People in Legal Disputes

Author: Bill Eddy
Publisher: BookBaby
ISBN: 1936268752
Format: PDF, ePub
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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.

Legal Negotiation

Author: Donald G. Gifford
Publisher: West Group
ISBN:
Format: PDF, ePub
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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.