Access and Mediation

Access and Mediation PDF Author: Maren Wehrle
Publisher: Walter de Gruyter GmbH & Co KG
ISBN: 3110643057
Category : Language Arts & Disciplines
Languages : en
Pages : 271

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Book Description
Recent years have seen a rise in interdisciplinary approaches to the study of the mind. However, relatively little emphasis has been placed on attention, its functions, and phenomenology. As a result, there are a multitude of definitions and explanatory frameworks that describe what attention is, what it does, and how it works. This volume proposes that one way to discuss attention is by utilizing an integrative multidisciplinary framework that takes into consideration aspects of attention as a means of accessing the world and as a mediator of experience. It brings together contributions from cognitive science, philosophy, and psychology in order to shed light on these aspects of attention. By including both theoretical and empirical approaches to attention, this volume will provide (1) an innovative framework for examining attention as something that mediates experience and (2) new perspectives on foundational and defi nitional issues of what attention is and how it contributes to our ability to access the world. By drawing together different disciplines, this volume broadens the concept of attention. It opens up a new way of looking at attention as an active process through which the world is disclosed for us.

Nordic Mediation Research

Nordic Mediation Research PDF Author: Anna Nylund
Publisher: Springer
ISBN: 3319730193
Category : Law
Languages : en
Pages : 269

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Book Description
This open access book presents twelve unique studies on mediation from researchers in Denmark, Finland, Norway and Sweden, respectively. Each study highlights important aspects of mediation, including the role of children in family mediation, the evolution and ambivalent application of restorative justice in the Nordic countries, the confusion of roles in court-connected mediation, and the challenges in dispute systems. Over the past 20-30 years, mediation has gained in popularity in many countries around the world and is often heralded as a suitable and cost-effective mode of conflict resolution. However, as the studies in this volumes show, mediation also has a number of potential drawbacks. Parties’ self-determination may be jeopardized, affected third parties are involved in an inadequate way, and the legal regulations may be flawed. The publication can inspire research, help professionals and policymakers in the field and be used as a textbook.

Mediation and Conflict Resolution in Social Work and the Human Services

Mediation and Conflict Resolution in Social Work and the Human Services PDF Author: Edward Kruk
Publisher: Chicago : Nelson-Hall Publishers
ISBN:
Category : Political Science
Languages : en
Pages : 362

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Book Description
This timely collection written from a social work perspective includes original chapters by leading experts in specific fields of mediation and conflict resolution. Each chapter examines a field of practice, describes the actual mediation/conflict resolution process, considers current debates and research, and provides alternatives to mediation. Gender, race, class, and cultural diversity issues are integrated throughout the text, with a separate chapter addressing mediation and multicultural reality.

EU Mediation Law Handbook

EU Mediation Law Handbook PDF Author: Nadja Alexander
Publisher: Kluwer Law International B.V.
ISBN: 9041158677
Category : Law
Languages : en
Pages : 842

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Book Description
Mediation is rapidly becoming a norm in cross-border dispute resolution among European Union (EU) Member States. Accordingly, an important question for legal advisers to ask themselves is: Which jurisdiction offers the best legal framework to support a potential future mediation of my client’s dispute? This book responds to this question by examining the law on mediation in each Member State on a chapter-by-chapter basis. Each country analysis applies the book’s overarching principle of a specially designed Regulatory Robustness Rating System, which is thoroughly explained in an introductory chapter. This framework offers a highly effective way to analyse the quality and robustness of each of the EU’s twenty-nine national jurisdictions’ legal frameworks relevant to mediation (including legislation, case law, practice directions, codes of conduct, standards, and other regulatory instruments) and factor such an analysis into choices about governing law in mediation clauses and other agreements. Among the issues and topics covered are the following: • congruence of domestic and international legal frameworks; • transparency and clarity of content of mediation laws; • standards and qualifications for mediators; • rights and obligations of participants in mediation; • access to mediation services; • access to internationally recognised and skilled mediators; • enforceability of clauses and mediated settlement agreements; • confidentiality and flexibility; • admissibility of evidence from mediation in subsequent proceedings; • impact of commencement of mediation on litigation limitation periods; • relationship and attitude of courts to mediation; and • regulatory incentives for legal advisers to engage in mediation. This detailed analysis clearly allows users and other regulatory stakeholders to look closely and critically at regulatory regimes for mediation in order to make informed choices and develop appropriate strategies in relation to the law that governs their mediation. This is the first book to consider authoritatively what makes good mediation law and what makes a jurisdiction attractive for cross-border mediation purposes in terms of its regulatory framework. As a resource that identifies potential strengths and weaknesses of each EU Member State’s regulatory regime, it has no peers and will be welcomed and put to use by the alternative dispute resolution community in Europe and beyond.

Mediation

Mediation PDF Author: Dwight Golann
Publisher: Aspen Publishing
ISBN: 1543847412
Category : Law
Languages : en
Pages : 449

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Book Description
The purchase of this ebook edition does not entitle you to receive access to the Connected eBook on CasebookConnect. You will need to purchase a new print book to get access to the full experience including: lifetime access to the online ebook with highlight, annotation, and search capabilities, plus an outline tool and other helpful resources. Mediation: The Roles of Advocate and Neutral, Fourth Edition, integrates mediation skills and strategies with theory, ethics, and practice applications to teach students about legal mediation and how to represent clients effectively in the process. This book reflects the experience of its authors, who are both professors and practicing legal mediators with decades of experience teaching and resolving cases. It includes all the coverage of mediation found in Resolving Disputes, the survey text, as well as material on negotiation and hybrid processes and additional coverage of mediation. Most important, this book has become a fully video-integrated text. As they read students are referred to 65 unique video excerpts, embedded in the text and instantly accessible, which show leading mediators applying specific techniques and strategies to overcome barriers to settlement. New to the Fourth Edition Video: Unique and diverse video excerpts, created expressly for this book and embedded in the text, featuring mediators from the U.S. and around the world. Virtual mediation: Analysis of the special aspects of mediating via Zoom, based on the experiences of professional mediators. Grief and loss: New material probing deeply into the psychology of loss and how it affects settlement decisions. ODR: New readings on online mediation. International: Perspectives and video of international practitioners, based on the authors’ experience training mediators on five continents. Professors and student will benefit from: Concise content that supports an active experiential class, without sacrificing the deeper knowledge expected in a law school course. An informal writing style that presents actual case examples, practical advice, and thought-provoking questions written for students who will soon become lawyers, representing clients in mediating disputes. A practice-based approach that helps students apply concepts, including realistic roleplays that facilitate classroom discussion. Examples of lawyers taking on roles as informal mediators, giving students models of how to apply mediative skills immediately in their practice.

Family Mediation

Family Mediation PDF Author: Lisa Parkinson
Publisher: Family Law Publications
ISBN: 9781846612749
Category : Family mediation
Languages : en
Pages : 0

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Book Description
Mediation provides an alternative to litigation in the courts to resolve family disputes and/or make arrangements about children, finances, and other personal matters after separation or divorce. It is intended to reduce the time, cost, and stress involved by helping families reach long-lasting agreements in the best interests of all involved. The UK government is increasingly supportive of this form of dispute resolution and matrimonial lawyers need to be aware of how they can integrate mediation with their existing legal skills. Now in its second edition, this is an authoritative and practical guide which clearly explains the mediation process, taking the reader through each stage, explaining how to interact with other professionals, and providing invaluable advice on the role of the mediator in particular situations.

Therapeutic Family Mediation

Therapeutic Family Mediation PDF Author: Howard H. Irving
Publisher: SAGE
ISBN: 9780761923138
Category : Social Science
Languages : en
Pages : 426

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Book Description
Designed as a practical hands-on manual or text for students and professors of social work, Therapeutic Family Mediation will also prove highly useful to mental health practitioners, legal professionals and mediators, couples going through divorce, and community workers specializing in family services.Key Features:Guides the reader through the authors' five-step model: Intake/Assessment, Pre-Mediation, Negotiation, Termination, and Follow-UpOutlines the use of parenting plans and financial plansExplores patterns of conflict and monetary issuesExplains the process of drafting contractsProvides the tools necessary for assisting high-conflict couples and culturally diverse couples

The Art of Mediation

The Art of Mediation PDF Author: Mark D. Bennett
Publisher: Aspen Publishing
ISBN: 1556818653
Category : Law
Languages : en
Pages : 290

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Book Description
This workbook is designed for basic mediation training. Authors Scott Hughes, Mark Bennett, and Michele Hermann take NITA's performance-based training for trial lawyers and adapt it to training for mediators. The authors have used these materials extensively in their mediation training classes at law schools and in programs open to the public. The Art of Mediation, Second Edition, sets the mediation process in context, provides basic definitions, contrasts mediation with other forms of dispute resolution, describes varieties of mediation, and lays out roles and functions of the mediators. The book contains forms that illustrate sample agreements to mediate and final mediation agreements, plus a section containing hypothetical situations for performance training. Reviews "I have used the first edition of The Art of Mediation in my classes for almost a decade and I definitely intend to use the Second Edition in the future. Students like the book because it is so practical and easy to read. I like it because it presents a variety of perspectives so that students learn that there is no one right or easy way to mediate." — John Lande, Associate Professor and Director, LL.M. Program in Dispute Resolution, University of Missouri-Columbia School of Law Columbia

Mediation Ethics

Mediation Ethics PDF Author: Ellen Waldman
Publisher: John Wiley & Sons
ISBN: 0787995886
Category : Law
Languages : en
Pages : 470

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Book Description
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

Mediation Law and Practice

Mediation Law and Practice PDF Author: David Spencer
Publisher: Cambridge University Press
ISBN: 1316582779
Category : Law
Languages : en
Pages :

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Book Description
Mediation Law and Practice gives a thorough account of the practice of mediation from the perspective of the student and practitioner. Divided into two parts, it deals with both the practice of mediation and the law surrounding mediation. Touching on the theory and philosophy behind the practice, it further describes in a theoretical and practical sense the difference between the emerging models of mediation. Mediator qualities are discussed in terms of issues of gender, culture and power. This book examines the important issue of mediation ethics and, taking into account the developing law surrounding the practice, proposes a code of ethics. It looks at the future of mediation in light of the decline in litigation, the rise in regulatory constraints on mediation and the popularity of online mediation. Mediation Law and Practice provides students and practitioners with the complete text on the practice and law surrounding mediation.