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New, highly pragmatic advice in distinct sections for professionals working in mediation - building on the work of his groundbreaking Effective Mediation Advocacy.These sections are: Developing the role of the mediation advocate: professional transformation Dealing with ethical problems, including common dilemmas; Developing a more sophisticated negotiation strategy; Getting the best out of online mediation; and Preparing for and engaging in cross-border, cross-cultural or multi-party international mediation
A Single-Source Digest of Updated QuantumThis work is the first attempt to provide a readily searchable single source digest of all reported awards of general damages since 1985 in non-personal injury claims, or, as appropriate, over a shorter period where there has been Court of Appeal intervention to lay down guidelines for cases where damages are "at large", such as Thompson & Hsu v Commissioner of Police for the Metropolis in connection with the award of damages in claims against the police. The breadth of the subject matter to be included is huge, but for the purpose of attempting a sensible classification the awards have been grouped into property and property-related claims, which forms the first part of the work.This volume provides the reader with an one-stop guide to awards in areas as diverse as: ·trespass to property, ·nuisance, ·breach of covenant, ·unlawful eviction, ·harassment, ·disrepair and user obligations, ·professional negligence, ·breaches of contract for the supply of goods and services including breaches of contracts providing for enjoyment or peace of mind, the loss of use of personal property, An invaluable and unique guide, property litigators will find it an invaluable tool to answer the client's key question with authority: What's It Worth?
"The aim of this pack is to offer UK magistrates perspectives and challenges on sentencing. Designed to support a four-hour guided training session, it is comprised of video and copiable delegate materials. The pack offers scenarios which will stimulate discussion among both new and experienced magistrates about the legal and practical issues involved in sentencing. "
"The book focuses on a number of topics that commonly arise in the UK in drafting and negotiating of a commercial lease. Topics are dealt with at varying levels of detail: in the case of Assignment, for instance, only the tests that a landlord might seek to impose in a lease that is a new tenancy are covered. When it comes to Break Rights, on the other hand, greater depth is provided."
This unique book offers a practical guide to deconstructing judgments for the purpose of fair criticism and appeal. It shows how judgments are written and examines the style and language of judges expressing judicial opinion. It will assist experienced practitioners, newly appointed recorders and tribunal chairman.The work is founded upon independent research in the form of interviews conducted with judges at every level from deputy district judge to Lords of Appeal in ordinary, and the practical application of existing academic material more usually devoted to the structure and analysis of wider prose writing. It is illustrated by reference to reported judgments, both well-known and obscure, of the past 100 years. Contents include:. The nature of judgment. How to read a judgment. The use of language in judicial opinion. Argument and legal logic. Fair criticism. Writing judgments. How judges decide. The appellate judgment. Problems with law reporting. Judicial style The author is a practising barrister in the UK and a Professor of Mediation for a US university.
Mediation is now at the heart of many forms of litigation - from debt, contract and other claims in the Small Claims jurisdiction, through family law and commercial matters of every kind. However, most disputants coming to mediation are unlikely to be familiar with the process, simply because it is confidential and does not feature in popular culture in the same way as a trial in open court. Participants may therefore be nervous and wary of what may seem to be a strange procedure, particularly the idea that it is voluntary, non-adjudicative, non-binding until its conclusion, confidential, and driven entirely by the wishes of the parties. The responsibility for finding your own solution and taking your own decisions, rather than have a judge tell you the answer, is something participants will find strange - hopefully empowering and invigorating - but still strange. Andrew Goodman is the author of the leading work on advocacy in mediation for practitioners of law and other professionals. In this innovative and easy-to read book, he brings his expertise to help you face the key challenges in mediation. What is form of the the mediation I face? Must I use it? How do I prepare? What should my strategy be? What is the procedure? How do I deal with the mediator? How can we settle? Who bears the cost?
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