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Dispute Resolution Ethics

Dispute Resolution Ethics
Author: Phyllis Bernard
Publisher: American Bar Association
Total Pages: 536
Release: 2002
Genre: Law
ISBN:

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This book lays out the groundwork for dispute resolution ehtics at a time when the public is clamoring for ethical behavior in all walks of private and professional life.


Dispute Resolution and Ethics

Dispute Resolution and Ethics
Author: Margaret Castles
Publisher:
Total Pages: 562
Release: 2018
Genre: Dispute resolution (Law)
ISBN: 9780455240756

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Recognising that many graduates will work away from their jurisdiction of law study, this text focusses on the generic principles that underpin civil procedural theory across Australia. Using the SA procedural experience, the text engages students in a practical and critical understanding of the way court rules operate, in a dynamic environment. The text focusses on fairness, the exercise of discretion, and the ethical forensic use of court process to achieve effective and affordable outcomes for clients.


Mediation Ethics

Mediation Ethics
Author: Ellen Waldman
Publisher: John Wiley & Sons
Total Pages: 470
Release: 2011-03-29
Genre: Law
ISBN: 0787995886

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Mediation Ethics is a groundbreaking text that offers conflict resolution professionals a much-needed resource for traversing the often disorienting landscape of ethical decision making. Edited by mediation expert Ellen Waldman, the book is filled with illustrative case studies and authoritative commentaries by mediation specialists that offer insight for handling ethical challenges with clarity and deliberateness. Waldman begins with an introductory discussion on mediation's underlying values, its regulatory codes, and emerging models of practice. Subsequent chapters treat ethical dilemmas known to vex even the most experienced practitioner: power imbalance, conflicts of interest, confidentiality, attorney misconduct, cross-cultural conflict, and more. In each chapter, Waldman analyzes the competing values at stake and introduces a challenging case, which is followed by commentaries by leading mediation scholars who discuss how they would handle the case and why. Waldman concludes each chapter with a synthesis that interprets the commentators' points of agreement and explains how different operating premises lead to different visions of what an ethical mediator should do in a given case setting. Evaluative, facilitative, narrative, and transformative mediators are all represented. Together, the commentaries showcase the vast diversity that characterizes the field today and reveal the link between mediator philosophy, method, and process of ethical deliberation. Commentaries by Harold Abramson Phyllis Bernard John Bickerman Melissa Brodrick Dorothy J. Della Noce Dan Dozier Bill Eddy Susan Nauss Exon Gregory Firestone Dwight Golann Art Hinshaw Jeremy Lack Carol B. Liebman Lela P. Love Julie Macfarlane Carrie Menkel-Meadow Bruce E. Meyerson Michael Moffitt Forrest S. Mosten Jacqueline Nolan-Haley Bruce Pardy Charles Pou Mary Radford R. Wayne Thorpe John Winslade Roger Wolf Susan M. Yates


Ethics and Justice in Mediation

Ethics and Justice in Mediation
Author: Mary Anne Noone
Publisher:
Total Pages: 160
Release: 2018-07-30
Genre: Justice
ISBN: 9780455501017

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Ethics and Justice in Mediation provides guidance for mediators through the ethical and practical challenges that arise in different mediation contexts. Mediation has developed beyond its infancy, and continues to evolve. As it matures, both new benefits and dilemmas emerge from the growing body of mediation experience, and require all mediators, whether new or experienced, to embrace change. There is now a significant focus on the ethical issues arising from the way a mediation is conducted; more specifically, the impact of a mediator's decisions on the parties and on the outcome. Given the sheer diversity of situations that a mediator might face, the challenge of ensuring an ethical process, and a just outcome, is becoming acute. Ethics and Justice in Mediation equips mediators with the skills required to identify the approach best suited to achieving just and ethical outcomes. It outlines the relevant mediation standards and values that apply and demonstrates the different approaches available to mediators to help them ensure balanced outcomes for all parties to a mediation. Guidance is provided by a scenario-based approach in which experienced mediators' responses, to several real-life situations, are shared to highlight the ethical and practical issues that may arise. The authors are experienced mediation specialists, well-qualified to present crucial ethical issues that mediators commonly face - but which have previously received little attention in mediation texts. Presenting six different mediation scenarios, they outline the relevant mediation standards and values applicable to each, enumerate the different approaches that may taken, and how these relate to the standards. Each scenario concludes with suggestions on how to approach the issues identified in the scenarios. By providing these practical suggestions for applying an ethical approach in these situations, it endeavors to ensure that mediations provide just outcomes.


Mediation Ethics

Mediation Ethics
Author: Rachael Field
Publisher: Edward Elgar Publishing
Total Pages: 264
Release: 2020-05-29
Genre: Law
ISBN: 1786437783

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Traditional ideas of mediator neutrality and impartiality have come under increasing attack in recent decades. There is, however, a lack of consensus on what should replace them. Mediation Ethics offers a response to this question, developing a new theory of mediation that emphasises its nature as a relational process.


A Theory of Mediators' Ethics

A Theory of Mediators' Ethics
Author: Omer Shapira
Publisher: Cambridge University Press
Total Pages: 499
Release: 2016-03-14
Genre: Law
ISBN: 1107143047

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Omer Shapira proposes and justifies a theory of mediators' ethics which guides mediators' conduct and applies to mediators at large.


Law, Technology and Dispute Resolution

Law, Technology and Dispute Resolution
Author: Riikka Koulu
Publisher: Routledge
Total Pages: 258
Release: 2018-09-24
Genre: Business & Economics
ISBN: 1351370391

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The use of new information and communication technologies both inside the courts and in private online dispute resolution services is quickly changing everyday conflict management. However, the implications of the increasingly disruptive role of technology in dispute resolution remain largely undiscussed. In this book, assistant professor of law and digitalisation Riikka Koulu examines the multifaceted phenomenon of dispute resolution technology, focusing specifically on private enforcement, which modern technology enables on an unforeseen scale. The increase in private enforcement confounds legal structures and challenges the nation-state’s monopoly on violence. And, in this respect, the author argues that the technology-driven privatisation of enforcement – from direct enforcement of e-commerce platforms to self-executing smart contracts in the blockchain – brings the ethics of law’s coercive nature out into the open. This development constitutes a new, and dangerous, grey area of conflict management, which calls for transparency and public debate on the ethical implications of dispute resolution technology.


Dispute Resolution and Ethics

Dispute Resolution and Ethics
Author: Margaret Castles
Publisher:
Total Pages: 954
Release: 2014
Genre: Civil law
ISBN: 9780455233208

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"This textbook presents civil dispute resolution as a dynamic process, integrating skills for alternative dispute resolution and ethical conduct within litigation. It explores the nuanced role or lawyers in advancing their clients' interests in the context of their broader duties to justice and the courts. Focussing specifically on South Australian jurisdictions, it lays the foundation for a strategic and ethical approach to civil practice and dispute resolution." --Back cover.


Mediation

Mediation
Author: Carrie J. Menkel-Meadow
Publisher: Aspen Publishing
Total Pages: 668
Release: 2020-02-02
Genre: Law
ISBN: 1543820972

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Mediation: Practice, Policy, and Ethics provides a comprehensive and current introduction to the world of mediation, including an overview of conflict, perspectives on justice, and dispute resolution processes to handle disputes in a variety of contexts. The book has chapters on negotiation theory and practice, as well as law and policy, case examples, and practice guidelines for mediators and attorney representatives. Leading scholars and award-winning teachers in the field present descriptions of the various forms mediation takes and mediation’s place in the panoply of dispute resolution processes. Both critiques of mediation and descriptions of its promise and potential are included. Chapters on advising clients on process choice, dispute process design, international and complex mediation, facilitation, and hybrid processes are also offered. The practical, problem-solving approach includes both analytical and behavioral approaches in varying gender, race, and cultural contexts. The text can be used for lawyer-mediators, lawyer-representatives in mediation, and non-lawyer mediators. New to the Third Edition: Streamlined text designed to be more student-friendly New updates to time-tested problems and cases have to keep the book up-to-date Professors and students will benefit from: Comprehensive current coverage of mediation including: Law and policy, case examples, and practice guidelines for mediators and attorney representatives Authors that are leading and award-winning scholars, teachers, and practitioners in this area Clear presentation of the advantages of mediation as well as critiques and concerns A practical, problem-solving approach that includes: Both analytical and behavioral approaches Varying gender, race, and cultural contexts Key excerpts from some of the most renowned scholars in the field Text that is applicable across the field of mediation with coverage of: Lawyer-mediators Lawyer-representatives in mediation Non-lawyer mediators


Mediation Ethics

Mediation Ethics
Author: Omer Shapira
Publisher:
Total Pages: 394
Release: 2021
Genre: Arbitration and award
ISBN: 9781641059114

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"This book is aimed at lawyer-mediators who care about their clients, professions, and the general public and want to conduct mediations ethically"--