Legal Counseling Negotiating And Mediating A Practical Approach Book PDF, EPUB Download & Read Online Free

Legal Counseling, Negotiating, and Mediating: A Practical Approach
Author: G. Nicholas Herman, Jean M. Cary
Publisher: LexisNexis
ISBN: 0327177748
Pages: 572
Year: 2009-08-10
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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, Jean M. Cary
Publisher: LexisNexis
ISBN: 0327178353
Pages: 210
Year: 2009-06-29
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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
Pages: 360
Year: 2012-04-10
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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
Pages: 596
Year: 2012-02-01
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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.
Mediation
Author: Freddie Strasser, Paul Randolph
Publisher: A&C Black
ISBN: 0826475035
Pages: 202
Year: 2004-12-30
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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.
Advanced Negotiation and Mediation Theory and Practice
Author: Paul J. Zwier, Thomas F. Guernsey
Publisher:
ISBN: 1601565135
Pages:
Year: 2016
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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.
Divorce and Family Mediation
Author: Jay Folberg, Ann Milne, Peter Salem
Publisher: Guilford Press
ISBN: 1593850026
Pages: 588
Year: 2004-05-12
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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.
Renegotiating Family Relationships
Author: Robert E. Emery
Publisher: Guilford Press
ISBN: 1609189817
Pages: 242
Year: 2012-01-01
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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.
Client Science
Author: Marjorie Corman Aaron
Publisher: Oxford University Press
ISBN: 0199970858
Pages: 288
Year: 2012-05-04
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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.
Law School Competitions in a Nutshell
Author: Larry L. Teply
Publisher: West Academic
ISBN: 0314256911
Pages: 391
Year: 2003
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This publication is designed to help law students prepare for a variety of law school competitions. It focuses primarily on the client counseling, negotiation, and moot court competitions. It draws upon the advice of coaches and commentators as well as numerous theoretical and practical sources.
High Conflict People in Legal Disputes
Author: Bill Eddy
Publisher: BookBaby
ISBN: 1936268752
Pages: 260
Year: 2016-09-01
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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.
Lawyering with Planned Early Negotiation
Author: John Lande
Publisher:
ISBN: 1627229787
Pages: 343
Year: 2015-04
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Mediation Theory and Practice
Author: Suzanne McCorkle, Melanie J. Reese
Publisher: SAGE Publications
ISBN: 1506363520
Pages: 272
Year: 2018-03-23
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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.
Legal Negotiation
Author: Donald G. Gifford
Publisher: West Group
ISBN:
Pages: 225
Year: 1989
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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.
Getting to Yes
Author: Roger Fisher, William L. Ury, Bruce Patton
Publisher: Penguin
ISBN: 1101539542
Pages: 240
Year: 2011-05-03
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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.

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