AAA Handbook on Mediation

Erscheinungsjahr 2006
ISBN: 978-1-929446-46-9
Verlag: Juris

Buch, Englisch, 500 Seiten

The AAA Handbook on Mediation assembles from the Dispute Resolution Journal - the flagship publication of the American Arbitration Association - and other sources, the leading professional writing in areas in which mediation is likely to apply. The Handbook on Mediation is succinct, comprehensive and a practical introduction to the use of mediation in various fields, written by leading practitioners and scholars. It provides essential orientation and is a "must" for anyone with an interest in the field of mediation.

The Handbook contains recent important articles written by authors who are recognized specialists in the area, often the authors have both national and international reputations. The contributions cover a wide array of topics that are of substantial interest in mediation and provide analytically thorough, professional, and practical answers to problems that have emerged in the field.

The articles were selected from an extensive body of writings and, in the main, represent world-class assessments of mediation practice and procedure. The articles provide the reader with comprehensive and accurate information, lucid evaluations, and an indication of future developments. They not only acquaint, but also ground the reader in the field of mediation.

Autoren/Hrsg.

Carbonneau, Thomas E.

Jaeggi, Jeanette A.

Inhaltsverzeichnis

Chapter One: Introduction to Mediation

I. Unifying Principles of Mediation
A Unified Field Theory of Mediation Using Distributive, Integrative and Transformative Negotiation Principles in Mediation
By James R. Holbrook

II. A Practical Theory of Mediation
A Theory of Mediation
By Douglas E. Noll

III. The Theory of Evaluative Mediation
Opinion Wanted: A Theoretical Construct for Mediation Practice
By Cris M. Currie

IV. Mediation and Its Applications
What Mediation Can & Cannot Do
By Ira B. Lobel

V. Interest-Based Solutions
Mediation Works: Opting for Interest-Based Solutions to a Range
of Business Needs
By Howard J. Aibel

Chapter Two: Getting Started With Mediation

I. Key Factors To Consider When Contemplating Mediation
Ready.Set.Mediate
By Peter J. Comodeca

II. Effective Mediation
10 Ingredients for an Effective Mediation
By Bruce A. Blitman

III. Successful Mediation
Successful Mediation: The Dos and Dont's
By Joel E. Davidson

IV. Making Advocacy Work in Mediation
Some Guidelines for Effective Advocacy in Mediation
By Howard D. Venzie Jr.

Chapter Three: The Mediator

I. Selecting a Mediator
Good and Bad Mediators—From Personal Experience — Find Me A Good Mediator Please!
By Robert S. Peckar

II. Diversity and Mediator Selection
The Question of Race, Gender & Culture in Mediator Selection
By Fred D. Butler

III. Will Software Programs Replace Mediators?
Mediation—Year 2051?
By Dr. Luis Miguel Diaz

Chapter Four: Making Mediation Work

I. Matching Parties’ Goals With Mediation Styles
What Type of Mediation Do You Need?
By Nancy Kauffman & Barbara Davis

II. Achieving Creative Solutions in Mediation
The Complete Guide to Creative Mediation
By Gerald S. Clay & James K. Hoenig

III. The Evaluative Process
Using Evaluations in Mediation
By Dwight Golann & Marjorie Corman Aaron

IV. Risk Analysis
Practical Tips for Using Risk Analysis in Mediation
By James E. McGuire

V. Mediation and Culture: A Five-Step Process
Bridging Cultural Gaps in Mediation
By Donna M. Stringer & Lonnie Lusardo

VI. The Trend Toward Med/Arb
Nuances of Med/Arb: A Neutral’s Perspective
By Richard P. Flake

Chapter Five: Attorneys and Mediation

I. Attorneys’ Tools For Success in Mediation
Attention Attorneys! How to Achieve the Best Results in Mediation
By Karin S. Hobbs

II. Answers to Litigators’ Questions About Mediation
Questions Litigators Ask About Mediation
By David Grappo

III. Preparing Clients
Preparing Your Client.for Mediation
By L. Randolph Lowry

IV. Managing Clients’ Emotions
Managing Client Emotions: How a Mediator Can Help
By L. Therese White & Bill White

V. When Clients Don’t Disclose
The Phenomenon of Nondisclosure By Parties in Mediation
By Michael Redfern

VI. Using Expert Witnesses
Experts in Mediation: Catalysts for Resolution
By Roger M. Deitz

Chapter Six: Confidentiality and Ethics in Mediation

I. Mediation Confidentiality
The Many Faces of Mediation Confidentiality
By Dennis Sharp

II. Confidentiality in Public Sector Mediation
Dispelling the Myths About Public-Sector Mediation and Confidentiality
By P. Jean Baker

III. Ethics In Mediation
Ethics Within the Mediation Process
By Mattox Hair, Sharon Press & Brooks Rathet

IV. Conflicts of Interest
Ethics and Mediation: Using Screening Walls and Advance Waivers
to Manage Conflicts of Interest
By Paul M. Lurie

Chapter Seven: Mediation in the Workplace

I. Ten Tips For Better Employment Mediation
10 Tips to Improve Employment Mediation: Valuable Advice for Counsel Representing Employees and Employer
By Rosemary Townley

II. Perceptual Errors and Employment Disputes
In the Eye of the Beholder: Using Perceptual Errors to Resolve Employment Disputes
By Melissa Janis

III. Mediation and Workplace Discrimination
Discrimination in the Workplace: How Mediation Can Help.
By Lamont E. Stallworth, Thomas McPherson & Larry Rute

IV. Addressing Race and Culture Issues
Addressing Race & Cultural Conflict in Employment Mediation
By Johnnie Scott Jr.

V. Mediating Disabilibity Claims
Mediating Disability Employment Discrimination Claims
By Matthew W. Daus

VI. Overcoming Barriers to Mediating EEO Disputes
Barriers to Mediation: A Look at the Impediments and Barriers to Voluntary Mediation Programs that Exist Within the Eeo
By Arup Varma & Lamont E. Stallworth

Chapter Eight: Mediation in Specific Dispute Areas

I. Family Law Disputes
Family Law Disputes Cry Out for Mediated Settlements
By Roger C. Clapp

II. Business Disputes
Resolving Business Disputes — Fact-Finding and Impasse
By Donald Lee Rome

III. Bankruptcy Reorganization
Using Mediation in Bankruptcy Reorganizations: Experiments in Privatization
By Mary A. Bedikian

IV. Environmental Agency Mediations
Mediating with an Environmental Agency
By Elissa Tonkin

V. Medical Malpractice
A Medical Malpractice Litigator Proposes Mediation
By Sheila M. Johnson

VI. Mediation in School Settings
Conflict Resolution in America’s Schools — Defusing an Approaching Crisis
By Kay O. Wilburn & May Lynn Bates

VII. Family Business Mediation
Business Mediation: All in the Family
By Lawrence I. Drath

Chapter Nine: Mediation and the Legal System

I. Is Mediation Constitutional?
Mediation and the Constitution
By Jay W. Stein

II. Enforcement of Mediation Agreements
Enforcing an Obligation to Mediate or Negotiate
By James H. Carter

III. Using Mediation to Expose Fraudulent Claims
ADR and Suspected Fraudulent Claims
By Jeffrey Krivis

IV. Evaluative Mediation Is Not Practicing Law
The Case Against Treating Evaluative Mediation as the Practice Of Law
By Bruce E. Meyerson

Über Autor(innen)

Thomas E. Carbonneau is the Samuel P. Orlando Distinguished Professor of Law at Penn State's Dickinson School of Law. Professor Carbonneau is commonly regarded as one of the world’s leading experts on domestic and international arbitration. He serves on the editorial board of La Revue de L'Arbitrage and is the author of ten highly acclaimed books and 75 scholarly and professional articles on arbitration. Professor Carbonneau and was formerly the Moise S. Steeg Jr. Professor of International Law at Tulane University School of Law.

Jeanette A. Jaeggi was the former Executive Director of Penn State University’s Institute for Arbitration Law and Practice. She was the Editor in Chief of the Journal of American Arbitration.