| Description |
1 online resource (262 pages) |
| Series |
Routledge Revivals |
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Routledge revivals.
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| Contents |
Cover; Half Title; Dedication; Title Page; Copyright Page; Contents; Acknowledgments; 1 Introduction to the Work of Judge-Mediators; Introduction; Judges as Adjudicators; Differences Between Judgesâ#x80;#x99; Work as Adjudicators Versus as Mediators; Non-Legally Infused Mediation; Law-Infused Mediation; Beyond Passive Neutrality; The Study; Overview and Plan for the Book; Notes; 2 Historical Developments in Court Settlement Work and the Rise o f JAMS: A description and comparison of the public and private settings; Introduction; The History and Development of Judicial Settlement Work |
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An Institutional and Case Processing Comparison of the Public Versus Private Judicial Mediation SettingJudicial Mediation in the Public Court; Judicial Mediation in the Local JAMS Office; Institutional Differences Between Judicial Mediation in the Public and the Private Setting; Conclusion; Notes; 3 Money Damage Mediation: Large and small; Introduction; A Small Claims Mediation: The Defective Couch Case; Case Synopsis; Initial Joint Session; First Private Session with Defendant; First Private Session with Plaintiff; Second Private Conference with Defendant; Final Joint Session |
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Judicial Mediation of a Large Money Claim: The Security Guard CaseCase Synopsis; The Initial Joint Session; First Private Session With Plaintiff; First Private Session With the Defense; Second Private Session with Plaintiff; Second Private Session with the Defense; Conclusion; Notes; 4 The Initial Joint Session and the Private Conference System; Introduction; Setting Groundrules: Procedural Neutralism and Negotiator Good Faith; Identifying Areas of Agreement and Disagreement; Hearing â#x80;#x9C;Best Lightâ#x80;#x9D; Tellings; Adjourning the Joint Session and Initiating The Private Conferencing System |
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Concession-Seeking in the Private ConferenceConfidentiality and the Private Conferences; Evenhanded Concession-Seeking; Conclusion; Notes; 5 Recurrent Obstacles to Settlement and Routine Devices for Overcoming Them; Introduction; Recurrent Obstacles to Settlement and Routine Devices for Addressing Them; The No Offer/No Liability Case; The â#x80;#x9C;Reverse Movementâ#x80;#x9D; Case; â#x80;#x9C;A Figure That Hasn't Settled A Case Won't Settle If; Huge Gaps Between Opening Offers and Demands; Obstacles and Alternatives Distinctive to Settlement Work in Court |
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Out of Court Alternatives (â#x80;#x9C;ADRâ#x80;#x9D;) When Settlement Efforts in Court FailSteering the Parties to Case Resolution Through Private ADR; Narrowing the Issues and Recommending â#x80;#x9C;Mini-Max"" Limits for ADR; Keeping the Pressure On: Interim Orders and Mandatory Come-Back Dates; Problems of Multi-Party and Complex Cases and Practices for Handling Them; The Multiple Defendant Apportionment Problem; Managing Splits Within Work Groups and Sides; Handling Mediation in Multi-Party Construction Defect Cases; Conclusion; Notes |
| Summary |
"This title was first published in 2000. The trend in the public courts and in the private sector toward resolving civil cases through mediation, as opposed to arbitration or trial, seems inescapable. This book documents the emergence of a burgeoning private dispute resolution industry utilizing the services of retired judges, many of whom left the bench early to work as professional mediators."--Provided by publisher |
| Notes |
6 Talking Money: Mediating bilateral solutions in the face of unilateral bargainers |
| Bibliography |
Includes bibliographical references and index |
| Notes |
Print version record |
| Subject |
Dispute resolution -- United States
|
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Mediation -- United States
|
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LAW -- Civil Procedure.
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LAW -- Legal Services.
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POLITICAL SCIENCE -- Government -- Judicial Branch.
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Mediation
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United States
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| Form |
Electronic book
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| ISBN |
9781351726641 |
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1351726641 |
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9781315182926 |
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1315182920 |
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9781351726634 |
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1351726633 |
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