Legal Counseling Negotiating And Mediating A Practical Approach

Author: G. Nicholas Herman
Publisher: LexisNexis
ISBN: 0327177748
Size: 17.86 MB
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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
Size: 71.61 MB
Format: PDF, Mobi
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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.

Mediation

Author: Freddie Strasser
Publisher: A&C Black
ISBN: 9780826475039
Size: 61.33 MB
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.

The Psychology Of Conflict

Author: Paul Randolph
Publisher: Bloomsbury Publishing
ISBN: 1472922999
Size: 54.29 MB
Format: PDF
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The Psychology of Conflict is a timely new contribution on the unique benefits of applying philosophy and psychology to mediating between people in conflict. Following his previous book with Dr Freddie Strasser – Mediation: A Psychological Insight into Conflict Resolution – Paul Randolph here examines the application of existential philosophy to the psychology of conflict, particularly as seen in mediation. Through an outline of the shared human characteristics ('existential givens') as depicted by prominent Existentialists, he shows how conflict resolvers from a variety of professions can benefit from a deeper knowledge of human behaviour in conflict. This practical guide, with a foreword by Nobel Laureate Archbishop Desmond Tutu, will assist those interested in conflict resolution to better understand the psychological processes of parties in conflict and mediation. As Randolph argues, psychology is seen as an increasingly vital tool for resolving conflicts, in politics, peace negotiations, divorce, employment, and in the commercial sector.

Mediation In The Workplace

Author: Rebecca Jane Weinstein
Publisher: Greenwood Publishing Group
ISBN: 9781567203363
Size: 53.39 MB
Format: PDF, Mobi
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An effective tool for training in mediation and for developing a mediation program in the workplace, this book includes theoretical discussion, training exercises and an administrative guide with policies, procedures, and forms for program implementation.