Product Description
Mediation & Arbitration by Patrol Police Officers demonstrates how and why mediation, arbitration, two conflict resolution methodologies, are related to patrol police work. Christopher Cooper points out that many police calls-for-service are for interpersonal disputes, including disagreements over property, noisy neighbors, or other domestic situations not involving violence. Therefore, police officers armed with mediation skills can handle these types of scenes substantively, avoid escalating the level of the dispute, and avert a repeat call-for-service. A police department trained in mediation and arbitration also maintains a better reputation with citizens and strengthens community policing philosophy, missions and programs. This book provides a rationale for mediation and arbitration training, along with an explanation of the process and instructions for the training of police officers. It offers an aid to dispute resolution professionals with role playing situations and lesson plans helpful in designing and implementing mediation and arbitration training programs for patrol police officers. For police administrators, this book offers a guide to establishing official mediation and arbitration protocol for calls-for-service. ... Read more

Product Description
Skillful strategies for resolving conflict can be an officer's most powerful tool! ... Read more

Product Description
In Family Mediation: Facts, Myths and Future Prospects, Connie J. A. Beck and Bruce D. Sales trace the development of the field as well as current mediation practices and take a hard look at the consequences for families and the legal system. For families enduring divorce, it is presumed that mediating support, custody, and visitation issues is quicker, less expensive and less painful than battling in court. But, how valid are the claims of mediation's wide-ranging benefits? Borrowing from the experiences and methods of psychotherapy research, the authors offer an engaging, highly informative critique of family mediation practice and research to reveal how much more needs to be done. Legal and mental health professionals involved with families in divorce will gain a clear understanding of the substantial research opportunities in the field, results of which have direct impact on social policies. ... Read more

Product Description
The award-winning first edition of The Promise of Mediation, published ten years ago, is a landmark classic that changed the field's understanding of the theory and practice of conflict intervention. That volume first articulated the "transformative model" of mediation, which greatly humanized the vision of how the mediation process could help parties in conflict. In the past decade, the transformative model has proved itself and gained increasing acceptance. It is now being used in such diverse arenas as workplace, community, family, organizational, and public policy conflicts, among others.

In this new edition, the authors draw on a decade of work in theory development, training, practice, research, and assessment to present a thoroughly revised and updated account of the transformative model of mediation and its practical application, including

• a compelling description of how the field has moved toward increasing acceptance of the transformative model
• a new and clearer presentation of the theory and practices of transformative mediation, with many concrete examples
• a new case study that provides a vivid picture of the model in practice, with a commentary full of new information about how to use it effectively
• clarifications of common misconceptions about the model
• a vision for the future that shows how the model can coexist with other approaches and where the "market" for transformative mediation is emerging

Customer Reviews (3)

A Worthwhile Sequel
This is the follow-up to the authors' watershed first edition of the book by the same name, and contrary to the fate of most sequels, this one's really worthwhile.Indeed, it's largely a new book, rather than a mere revision; it fully updates the reader on the journey and developments in "transformative mediation" over the decade since the authors' first book with the same title was published in 1995.For anyone with an interest in the transformative model of mediation (as contrasted with, for example, facilitative or evaluative mediation), this is the best, most comprehensive, and well-written volume available.

Valuable New information for Mediators
This newly revised edition of The Promise of Mediation offers a wealth of new information on the priniciples of transformative conflict intervention.Many readers may not be aware that the revised edition actually contains almost entirely new material, reflecting new understandings of transformative mediation that have developed since the publication of the first edition.Bush and Folger offer new specifics for practice in the transformative framework of mediation through a carefully analyzed case study, in which we can see details of the "small steps" of conflict transformation.They also discuss the impact that the transformative movement has had on the field as a whole, and debunk some common misconceptions about the transformative framework.I have especially enjoyed the last chapter, which addresses, more completely than anything in the first edition, the deep underlying values that have led to the articulation of a transformative vision for mediation, and looks at possibilities for the future of the field.
This is definitely a book I would recommend to anyone interested in mediation, conflict, or just the interaction of human beings.

A Huge Step Forward in the Art and Science of Mediation
I'm grateful to the authors for the significant advance in mediation thinking that this book represents.This new edition has the potential to move the entire field toward a deeper, more powerful understanding.With the original edition, and again with this one, Bush and Folger have provided great clarity to a topic that, until now, has been muddled.While other mediators and writers succumb to the pressures of conflict and become part of the problem, these authors instruct us on how to remain true to the most important principles that lead to deep healing of human conflict.If I had the need, I would only hire a mediator who had read, studied, understood and embraced this book. ... Read more

Product Description
BASIC SKILLS FOR THE NEW MEDIATOR provides a detailedoverview of mediation, from the premediation conference through allstages of the mediation session.It guides the new mediatorthrough the mediation process by answering the one hundredquestions most frequently asked by new mediators. BASIC SKILLS FORTHE NEW MEDIATOR has been used successfully for self-instructionand as a training manual.Experienced mediators and attorneys whorepresent clients in mediation will also find this book extremelyuseful. The Appendix "Everything You Never Wanted to Know About theRules of Evidence" is especially valuable for the non-attorneymediator, who must often deal with the evidentiary vocabulary ofthe legal profession.You will learn to establish your authorityas a mediator, schedule the mediation session, deliverthe mediator's opening statement, prioritize issues, preside duringjoint sessions,conduct private caucuses, overcome impasses,identify "hidden agenda" and "throwaway" items, deal with partieswho lack settlement authority, and aid parties to achieve a viablesettlement. ... Read more

Customer Reviews (11)

Basic Skills of the New Meddiator
In his book, Basic Skills of the New Mediator, Allan Goodman has come up with all the right questions with the best answers for anyone properly preparing for a career as a mediator. Goodman successfully takes the complex process of mediation and in an amazingly simple method of questions and answers teaches his readers how to mediate a case from the beginning to end. If you were to have only one book to read on Mediation, this book without question is the one.
Michael Hackett
Human Resource Management Consultant
Brentwood Tennessee

A few words from a new mediator in Hong Kong
The English in this book is plain.The arrangement in Q&A form eliminates troubles to look for an immediate solution by digging in textbooks which are in traditional format.It is a very useful tool not only for a new mediator but a veteran!

Conduct dispute resolution sessions with competency and excellence.
Written in clear, simple language, 'Basic Skills for the New Mediator' answers every question that may arise as the new mediator steps into the mediation profession. From how to prepare for the session, to conducting a mediation and holding a caucus, every aspect of the wisdom required of a mediator is explained. Appendices outline the final agreement, stages of mediation, and the basic evidentiary concepts in a quick-reference format. Readers can rely on this no-nonsense, comprehensive reference to aid them well in resolving disputes and developing the skills of a seasoned mediator. An excellent and complete resource for the novice and expert.

Clear, concise, and compelling
Judge Goodman's methodical, question and answer approach is very effective in giving the novice mediator an overview of what is involved, the essential skills needed, and anticipates problems that can arise during the mediation process. A succinct appendix on the rules of evidence is particularly valuable. Excellent.

Basic Skills for the New Moderator Second Edition
I am extremely happy with the service and the product.The book got here in less than a week's time in perfect condition.

I will certainly use this seller again in the future.

... Read more

Product Description

International Construction Arbitration Law is a practical guide to dispute resolution under construction contracts.The authors consider the full range of available dispute resolution methods, including:

• mediation,

• conciliation, and

• determination by dispute review board or expert panel, before focusing specifically on arbitration.

The book looks briefly at all aspects of arbitration, from commencement of proceedings, through preparation and collection of the evidence necessary in complex construction cases, to common procedural issues, the conduct of the hearing and the effect of the award.It also provides guidance on the effective administration of construction contracts and claims management, as well as partnering and alliancing techniques that may avoid the need for recourse to formal dispute resolution.In keeping with its practical focus, the book includes checklists and executive summaries of key points, as well as extracts from relevant institutional rules and other supporting materials.

Product Description
The International Law of Investment Claims considers the distinct principles governing the prosecution of a claim in investment treaty arbitration. The principles are codified as 54 'rules' of general application on the juridical foundations of investment treaty arbitration, the jurisdiction of the tribunal, the admissibility of claims and the laws applicable to different aspects of the investment dispute. The commentary to each proposed rule contains a critical analysis of the investment treaty jurisprudence and makes extensive reference to the decisions of other international courts and tribunals, as well as to the relevant experience of municipal legal orders. Solutions are elaborated in respect of the most intractable problems that have arisen in the cases, including: the effect of an exclusive jurisdiction clause in an investment agreement with the host state; reliance on the MFN clause in relation to jurisdictional provisions; and, the legitimate scope of derivative claims by shareholders. ... Read more

Product Description

Written by two of the foremost international mediation experts and practitioners, International Mediation The Art of Business Diplomacy, Second Edition is an essential guide to the effective and timely resolution of international business disputes. Outlining the characteristics of mediation and highlighting its place in business conflicts, this highly practical book guides the reader clearly through the international mediation process:

• how does it work and what will it cost

• what are the limitations

• what skills are required

• how are the outcomes enforced

• how can business best use mediation

More than any theory, the case histories and practical guidance in this book demonstrate how and why international mediation works. The authors show how to use mediation techniques as a foundation for a more purposeful, strategic approach to conflict management in organisations.

Product Description
This book outlines the principles behind the international law of foreign investment. The main focus is on the law governed by bilateral and multilateral investment treaties. The book traces the purpose, context and evolution of the clauses and provisions characteristic of contemporary investment treaties, and analyzes the case law interpreting the issues raised by standard clauses. Particular consideration is given to broad treaty-rules whose understanding in practice has mainly been shaped by their interpretation and application by international tribunals. In addition, the book introduces the dispute settlement mechanisms for enforcing investment law, outlining the operation of State vs. State and Investor vs. State arbitration.

Combining a systematic analytical study of the texts and principles underlying investment law with a jurisprudential analysis of the case law arising in international tribunals, this book offers an ideal introduction to the principles of international investment law and arbitration, for students or practitioners new to the field. ... Read more

Product Description

Issues of corruption turn up with disturbing frequency in commercial arbitration. Yet there is no uniformity in arbitral practice to tackle this phenomenon, despite a constant chorus of condemnation from all quarters. This important book attempts to explain the discrepancy between the mountain condemnation of corruption in international trade and public procurement and the persistent resistance to such condemnation. It specifically describes how corruption uses duplicity in practice, and how such practice challenges the imperativeness of condemnation.

In the process of developing theory in this area, the book analyzes relevant cases and other legal materials, and thus provides both theoretical and practical guidance in such matters as the following:

Product Description
Collaborative law is a powerful dispute resolution model that is continuing to grow in popularity. Spouses are represented by counsel that assists in bringing them through divorce with integrity and satisfaction. A binding stipulation disqualifies both counsels if either party threatens or elects to go to court. This book explains the goals, concepts and techniques of collaborative law in a clear, insightful manner. Includes forms and Client Handbook on CD-ROM. ... Read more

Product Description
This book comprises fifteen specially commissioned contributions from the Editorial Board of the Oxford Journal of International Economic Law in celebration of the Journal's tenth anniversary. The contributions examine various issues confronting the international economic regime today, and cover a wide range of international economic institutions such as the IMF, the World Bank, and the WTO.

It pays particular attention to examining the WTO and its regulatory scope, its systemic and structural deficiencies, its role in development and in liberalizing trade in services, its tense relationship to regionalism and to trade-related issues such as environment, competition and dispute settlement in the field of investment.

The contributions are authored by leading academics in the field, including lawyers, economists, and political scientists who come from a range of developed and developing country backgrounds. This book constitutes a reflection by important individuals on almost all the major contemporary issues facing the WTO today, and therefore represents a snapshot of the key lines of thinking among many of the leading legal scholars of the WTO and international economic regime which are likely to guide the field in the years to come.

This is a book edition of the special 10th anniversary third issue of vol. 10 of the Oxford Journal of International Economic Law September 2007. ... Read more

Product Description
This book examines the international law of jurisdiction, focusing on the areas of law where jurisdiction is most contentious: criminal, antitrust, securities, discovery, and international humanitarian and human rights law.Since F.A. Mann's work in the 1980s, no analytical overview has been attempted of this crucial topic in international law: prescribing the admissible geographical reach of a State's laws.

The need for such an overview has grown more pressing in recent years as the traditional framework of the law of jurisdiction, grounded in the principles of sovereignty and territoriality, has been undermined by piecemeal developments. Antitrust jurisdiction is heading in new directions, influenced by law and economics approaches; new EC rules are reshaping jurisdiction in securities law; the U.S. is arguably overreaching in the field of corporate governance law; and the universality principle has gained ground in European criminal law and U.S. tort law.

Such developments have given rise to conflicts over competency that struggle to be resolved within traditional jurisdiction theory.This study proposes an innovative approach that departs from the classical solutions and advocates a general principle of international subsidiary jurisdiction. Under the new proposed rule, States would be entitled, and at times even obliged, to exercise subsidiary jurisdiction over internationally relevant situations in the interest of the international community if the State having primary jurisdiction fails to assume its responsibility. This book examines the international law of jurisdiction in the fields where it has been most contentious, including criminal, antitrust, and human rights law.It analyzes how traditional principles of sovereignty and territoriality have been undermined, and presents a new theory of international jurisdiction based on the concept of subsidiarity. ... Read more

Product Description
How are law and morality connected, how do they interact, and in what ways are they distinct? These questions have been a fundamental concern in the modern analytic philosophy of law.In Where Law and Morality Meet Matthew Kramer reviews the most influential accounts of legal and moral reasoning and presents his own conception of whether moral principles should be incorporated into a concept of law.

In Part One, Kramer argues that moral principles can enter into the law of any jurisdiction. He contends that legal officials can invoke moral principles as laws for resolving disputes, and that they can also invoke them as threshold tests which ordinary laws must satisfy. In opposition to many other theorists, Kramer argues that these functions of moral principles are consistent with the essential characteristics of any legal system.

Part Two reaffirms the legal positivist argument that law and morality are separable, arguing against the position of natural-law theory, which portrays legal requirements as a species of moral requirements. Kramer contends that even though the existence of a legal system in any sizeable society is essential for the realization of fundamental moral values, law is not inherently moral either in its effects or in its motivational underpinnings.

In the final part, Kramer contests the widespread view that people whose conduct is meticulously careful cannot be held morally responsible for harmful effects of their actions. Through this argument, he reveals that fault-independent liability is present even more prominently in morality than in the law. ... Read more

Product Description
This greatly updated and expanded version of a 1996 classic - in its time, the first major study on the practice of international business dispute resolution - is a new book in itself. Benefitting from a comprehensive empirical survey of new trends in the field, and from discussions of the newest tools for making settlement negotiations more effective, the second edition is a "must have" resource for anyone dealing with a potential conflict in international business relationships.

The authors' analysis is rooted in the experience of over 100 top practitioners from 17 countries, distilling the conduct of over 3000 international commercial arbitrations and mediations. The book's in-depth coverage includes such key considerations as the following:

Product Description
Complete guide to using mediation in a family law practice. ... Read more

Customer Reviews (2)

THE A-Z Guilde for Learning About Mediation
Forrest Mosten is one of the top pioneers in the field of alternative dispute resolution. While this book is a little older at this point, it's as relevant and current as it was when it was published.This is truly the "covers everything" book and a must-have for any mediator's library.It's a terrific companion to Mosten's Mediation Career Guide as well as Christopher Moore's The Mediation Process. Buy these 3 books and you've got the backbone of your mediation library.I own at least 300 mediation books (I'm a full time mediator) but this is one of the best.

The handbook for starting a mediation practice
This is "the" handbook for all mediators wishing to either start or re-vamp a mediation practice.It covers from A-Z everything you need to know about both the practice and office setup.I've taken a 40-hour mediation training with Mr. Mosten, and he's one of the most talented and knowledgeable professionals in practice today.A must-read. ... Read more

Product Description
Arbitrations involving more than two parties and complex multicontractual issues represent more than one third of international arbitration cases, and this proportion increases every year. The difficult and specific issues raised by such arbitrations have been the object of abundant case law, derived from both arbitral tribunals and national courts, as well as doctrinal writings.

This thorough and up-to-date guide to this area of practice the first and only such guide available provides a comprehensive analysis of all the issues arising from multiparty-multicontract arbitrations, including those involving States and groups of companies. The numerous factors and problems analysed in depth include the following:

theories on the basis of which courts and arbitral tribunals determine who are parties to the arbitration clause;
whether an arbitration clause may be extended to non-signatories;
to what extent one can bring to a single arbitration proceeding the various parties who have participated in a single economic transaction through several contracts;
whether a respondent can join other defendants to the arbitration, be they privy to the arbitration agreement or third parties;
whether a party to a complex contractual structure can intervene voluntarily in the proceedings;
under what conditions separate arbitration proceedings may be consolidated;
how and to what extent one can overcome the inconveniences that arise from having several parallel proceedings;
appointment of arbitrators when the various parties to the dispute have divergent interests;
res judicata, and in particular whether an arbitral tribunal should take into consideration an arbitral award rendered in a connected arbitration arising from the same project; and,
enforcement of multiparty-multicontract awards.

The author proposes concrete solutions to these problems, and also offers the first analysis of the special issues raised by the latest development in international arbitration, class actions.

Features of particular value to the practitioner include in-depth analysis of more than a hundred and twenty ad hoc and institutional awards rendered under the auspices of the ICC and other institutions; analysis of relevant national case law based on nearly 200 court decisions from the United States, France, Switzerland, England, Australia, Canada, Belgium and other countries; and appendices specifying multiparty-multicontract arbitration clauses, provisions of international conventions, national legislations and institutional rules, and institutional rues on class arbitrations.

Corporate counsel, international arbitrators, and lawyers having to deal with multiparty-multicontract disputes will find this book of immeasurable value in their day-to-day work, law professors and students of dispute resolution have here a unique consideration of an increasingly salient aspect of current international practice. ... Read more

Product Description
"The Possibility of Popular Justice is essential reading for scholars and practitioners of community mediation and should be very high on the list of anyone seriously concerned with dispute resolution in general. The book offers many rewards for the advanced student of law and society studies." --Law and Politics Book Review
"These immensely important articles--fifteen in all--take several academic perspectives on the [San Francisco Community Boards] program's diverse history, impact, and implications for 'popular justice.' These articles will richly inform the program, polemical, and political perspectives of anyone working on 'alternative programs' of any sort." -- IARCA Journal
"Few collections are so well integrated, analytically penetrating, or as readable as this fascinating account. It is a 'must read' for anyone interested in community mediation." --William M. O'Barr, Duke University
"You do not have to be involved in mediation to appreciate this book. The authors use the case as a launching pad to evaluate the possibilities and 'impossibilities' of building community in complex urban areas and pursuing popular justice in the shadow of state law." --Deborah M. Kolb, Harvard Law School and Simmons College
Sally Engle Merry is Professor of Anthropology, Wellesley College. Neal Milner is Professor of Political Science and Director of the Program on Conflict Resolution, University of Hawaii.
... Read more

Product Description
This volume of essays explores the theoretical and jurisprudential bases of mediated forms of dispute resolution, from legal, anthropological, sociological, psychological and political sources. It also presents ongoing disputes about the field itself, including its threat to conventional litigation and justice seeking adjudication, and its promise in providing more humane and tailored solutions to human problems. ... Read more