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.
Advocacy in Negotiation and Mediation
Release on 2021 | by G. Nicholas Herman
This book focuses on lawyering skills in negotiating and mediating, including the lawyer's counseling function and ethical responsibilities in connection with these dispute resolution processes.
This book focuses on lawyering skills in negotiating and mediating, including the lawyer's counseling function and ethical responsibilities in connection with these dispute resolution processes. Because these are practical skills that are integral to effective legal representation, the book aims to be eminently practical in the descriptive and prescriptive treatment of them, even as the book also discusses some of the most important theoretical approaches to negotiation and mediation. The overall effort has been to provide a blend of theory and practice that is most meaningful in the sense of having real-life application to effective client representation in negotiating and mediating.
A Practical Approach to Client Interviewing Counseling and Decision Making For Clinical Programs and Practical Skills Courses
Release on 2009-06-29 | by G. Nicholas Herman
3 For a more expansive discussion of these matters, see G. Nicholas Herman 81 Jean M. Cary, Legal Counseling, Negotiating, and Mediating: A Practical Approach at Chapters 8, 11—12, and 16 (2d ed LexisNexis 2009).
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.
Plea Bargaining Third Edition
Release on 2012-02-01 | by G. Nicholas Herman
G. Nicholas Herman received his law degree from Duke University School of Law in 1981. ... West Group 1999); Legal Counseling, Negotiating and Mediating: A Practical Approach (LexisNexis-Matthew Bender & Co. 2009); A Practical Approach ...
Plea Bargaining -- the only comprehensive, fully up-to-date reference on the subject -- teaches you how to negotiate the best deal. It discusses the nature, types and goals of plea bargaining, and treats in detail a wide variety of styles and strategies. Attorneys on both sides of the aisle know that effective plea bargaining is both an art and a science. You'll find extensive analysis of plea bargaining in the federal courts, the process of negotiating with the U.S. Attorney under the U.S. Sentencing Guidelines, as well as the plea policies of the Department of Justice contained in the United States Attorney’s Manual and the Principles of Federal Prosecution. Other pertinent standards and rules such as the ABA Standards for Criminal Justice, National District Attorneys Association Prosecution Standards and the ABA Model Rules of Professional Conduct are also discussed.
Principled Negotiation and Mediation in the International Arena
Release on 2013-04-22 | by Paul J. Zwier
The prevalent theory for teaching legal negotiation strategy and tactics was called adversarial negotiation. It was based on bargaining experiences in the ... Advanced Negotiation and Mediation Theory and Practice, a Practical Approach.
This book argues that it can be beneficial for the United States to talk with 'evil' - terrorists and other bad actors - if it engages a mediator who shares the United States' principles yet is pragmatic. It shows how the US can make better foreign policy decisions and demonstrate its integrity for promoting democracy and human rights, by employing a mediator who facilitates disputes between international actors by moving them along a continuum of principles, as political parties act for a country's citizens. This is the first book to integrate theories of rule of law development with conflict resolution methods, and it examines ongoing disputes in the Middle East, North Korea, South America and Africa. It draws on the author's experiences with The Carter Center and judicial and legal advocacy training to provide a sophisticated understanding of the current situation in these countries and of how a strategy of principled pragmatism will give better direction to US foreign policy abroad.
Release on 2020-09 | by Carrie Menkel-Meadow
Essential Lawyering Skills: Interviewing, Counseling, Negotiation, and Persuasive Fact Analysis. (5th ed.) New York: Wolters Kluwer Law & Business. KRITEK, Phyllis Beck (1994). Negotiating at an Uneven Table: A Practical Approach to ...
"Law casebook that investigates negotiation and problem-solving tactics as a legal process"--
Creative Problem Solver s Handbook for Negotiators and Mediators A portable primer for practitioners
Release on 2005 | by John W. Cooley
Dwight Golann , Mediating Legal Disputes : Effective Strategies for Lawyers and Mediators ( Little , Brown , 1996 ) . ... and Joseph E. Kennedy , Legal Counseling and Negotiating : A Practical Approach ( Matthew Bender & Co. , 2001 ) .
"The Handbook takes a pracademic approach to creative problem solving in negotiation and mediation. 'Pracademics' used to describe the art and science of translating the theory of creative problem solving into practice, and conversely, converting the practice of creative problem solving into theory. Volume Two of the Handbook is focused on specific creative problem solving techniques and tools that negotiation/mediation practitioners across the country have found to be effective in resolving disputes or making deals. A highly useful feature of Volume Two is its multiple indexing to facilitate identifying techniques or tools appropriate for the problem solving task."--Publisher.
Alternative Dispute Resolution
Release on 2006 | by Edward J. Brunet
Harter , P. , The Uniform Mediation Act : An Essential Framework for SelfDetermination , 22 N. ILL . U. L. Rev. ... HERMAN , G. , CARY , J. & KENNEDY , J. , LEGAL COUNSELING AND NEGOTIATING : A PRACTICAL APPROACH ( LexisNexis 2001 ) .
Creative Problem Solver s Handbook for Negotiators and Mediators A guide for practitioners academics and students of creative problem solving
Release on 2005 | by John W. Cooley
John M. & Gretchen L. Haynes , Mediating Divorce : Casebook of Strategies for Successful Family Negotiations ( Jossey ... G. Nicholas Herman , Jean M. Cary , & Joseph E. Kennedy , Legal Counseling and Negotiating : A Practical Approach ...
Provides for the first time a single text that describes competitive negotiation tactics and more collaborative approaches, such as problemsolving and cooperative tactics most likely to be effective in a given situation.
Provides for the first time a single text that describes competitive negotiation tactics and more collaborative approaches, such as problemsolving and cooperative tactics most likely to be effective in a given situation. For the professor teaching a Negotiation or Dispute Resolution course. Teaches law students practical techniques needed to negotiate more effectively. Sample dialogue illustrates specific negotiation tactics. The research of social scientists is discussed when their findings and theoretical models are directly relevant to the negotiating lawyer. Mediation, arbitration and other alternative dispute resolution techniques are described in a separate chapter that analyzes their impact on negotiation.
The Mass is a special celebration. Catholics everywhere gather to celebrate the risen Jesus with each other. Do you know what happens at Mass? Join Josh and Anna, as they watch very closely everyone and everything that happens at Mass.
2021 Reprint of the 1963 Edition. Full facsimile of the original edition and not reproduced with Optical Recognition Software. Since Vatican II the Catholic church has encouraged a more active and enlightened participation by the faithful in offering the Mass. But a grasp of the theology behind the liturgy makes
Type: BOOK - Published: 2007 - Publisher: TAN Books
Everything Needed to Understand and Appreciate the Traditional Latin Mass! Extremely informative, yet very easy to read! This book explains prayer by prayer, what happens at the Latin Mass and why. Why is the Mass in Latin, the use of silence, bells, specific colors, etc.---and how we participate. Reviews are