This is an important resource for attorneys and related professionals to help their clients in resolving - and avoiding - disputes that occur in the estate planning process. Written by a team of experienced attorneys and mediators, Mediation for Estate Planners provides the fundamental knowledge and basic tools employ mediation within an estate planning practice. It provides practice-proven guidance on recommending mediation to clients, either at the planning stage or soon after a dispute surfaces, so that families may be able to resolve disagreements before entrenched positions are established. The book considers all relevant issues involving the use of mediation in an estate planning practice, including drafting mediation clauses for estate planning documents; using mediation to resolve probate and trust disputes; addressing family business succession; guardianship and conservatorship issues; using mediation in hospital settings when families face difficult end of life decisions; working through disputes between trustees and beneficiaries; and more.
The purpose of creating a living trust usually cannot be accomplished unless property is transferred into the trust. This book explains the steps of transferring the ownership of a variety of assets into trust.
"In a world where the borders of the global community are fluid, and where disputants manifest increasingly diverse attributes and needs, mediation ? for decades hovering at the edge of dispute resolution practice ? is now emerging as the preferred approach, both in its own right and as an adjunct to arbitration. Mediation processes are sufficiently flexible to accommodate a range of stakeholders (not all of whom might have legal standing) in ways the formality of arbitration and litigation would not normally allow. Among mediation?s many advantages are time and cost efficiencies, sensitivity to cultural differences, and assured privacy and confidentiality. This book meets the practice needs of lawyers confronted with cross-border disputes now arising far beyond the traditional areas of international commerce, such as consumer disputes, inter-family conflicts, and disagreements over Internet-based transactions. The author takes full account of mediation?s risks and limitations, primarily its lack of finality and uncertainty in relation to enforceability issues which will persist until the advent of appropriate international regulation."--Publisher's website.
Michael G. Goldstein,Michael A. Swirnoff,William A. Drennan
The legal landscape concerning same-sex relationships is changing. It is vital for lawyers to stay on top of these changes. Attorneys who represent lesbian and gay clients must provide creative estate planning that protects both parties to the relationship, their children and their future. This new book provides estate planning lawyers with an introduction to the issues faced by lesbian and gay clients. Also provided are forms and documents on CD-ROM that lesbian and gay clients need to prepare as part of a complete estate plan.
This book is a guide for families dealing with adult family conflict regarding eldercare issues including family property, estate planning, and inheritance issues. Intended to be a step-by-step guide and filled with many examples.
Allan Edward Barsky,Professor Social Work Allan Barsky
How To Start Out Right With Your New Business Partnership (or Fix The One You're In)
Author: David Gage
Publisher: Basic Books
Category: Business & Economics
In The Partnership Charter, psychologist and business mediation expert David Gage offers a comprehensive guide to the art of establishing and maintaining a business partnership. The centerpiece of his approach is the Partnership Charter, a document that clearly outlines the goals, expectations, responsibilities, and relationships of the principals. The charter identifies potential sources of conflict and how they will be resolved, while addressing such sensitive issues as personal styles, values, money, and power. Illustrating every principle through engaging stories drawn from Gage's front-line experience consulting to business partners, as well as interviews with the founding partners of such successful businesses as Progressive Insurance Company and Manpower, Inc., The Partnership Charter dispels common myths and presents a practical framework for launching, building, and sustaining a thriving business partnership.
This is the authoritative textbook on family mediation. It draws on a wide cross-disciplinary theoretical literature and on the author's extensive and continuing practice experience. It encompasses developments in policy, research and practice in the UK and beyond. First published in 1988 as a pioneering work, this fourth edition has been fully updated to incorporate legal and policy developments in the UK and in Europe, new sociological and philosophical perspectives on respect, justice and conflict, and international research and practice innovations.
Personal Conflict Management utilizes a modernized theory/skill approach to interpersonal conflict, placing equal emphasis on the theoretical and practical. Supporting the notion that there is not one correct approach to conflict management, and utilizing the authors’ shared experiences as mediators and organizational facilitators, this text demonstrates the value of collaborative models for resolving conflict and the necessity and benefits in understanding competitive approaches. Through the inclusion of both competitive and cooperative theories, the authors present contrasting perspectives of conflict management. Beginning with an introduction to conflict, the text examines the major approaches and theories of conflict management. Following a discussion of the causes and variables which exist within conflicts, the skills necessary for conflict management are analyzed, including listening, the ability to seek information, the importance of understanding personality types and behavior patters, negotiation, and conflict assessment. The final two sections of the text take the reader beyond the basics, exploring the difficulties encountered in conflict management, the aftermath to a conflict, and conflicts in context, applying the theoretical concepts to everyday situations. Written in an academic yet reader-friendly style, this textbook is enjoyable and thought-provoking for both students and instructors. Case studies, examples, essay suggestions, discussion questions, etc support an interactive environment that optimizes learning opportunities. Instructors will find these features useful in the development of classroom discussions and assignments, while students will benefit from the opportunity to examine their own conflict behavior and enhance their skills in conflict management.
Nancy A. Burrell,Mike Allen,Barbara Mae Gayle,Raymond W. Preiss
Author: Nancy A. Burrell,Mike Allen,Barbara Mae Gayle,Raymond W. Preiss
Category: Language Arts & Disciplines
Managing Interpersonal Conflict is a systematic review of conflict research in legal, institutional and relational contexts. Each chapter represents a summary of the existing quantitative social science research using meta-analysis, with contexts ranging from jury selection to peer mediation to homophobia reduction. The contributors provide connections between cutting-edge scholarship about abstract theoretical arguments, the needs of instructional and training pedagogy, and practical applications of information. The meta-analysis approach produces a unique informational resource, offering answers to key research questions addressing conflict. This volume serves as an invaluable resource for studying conflict, mediation, negotiation and facilitation in coursework; implementing and planning training programs; designing interventions; creating workshops; and conducting studies of conflict.
A New Bargaining Model for Attorneys and Mediators to Optimize Outcomes For
Author: Kenneth H. Waldron,Allan Koritzinsky
In this groundbreaking book, principles derived from game theory are applied to family law, an arena often plagued by bitterness and what appears to be irrational behavior. The principles of game theory—the scientific study of how and why people make decisions—lends itself to the practice of family law in our traditional divorce system, one that often leads to rational but self-defeating, sometimes destructive decision-making. The authors propose a new approach lawyers and mediators can use to: improve success rates optimize outcomes for both parties decrease conflict divide property determine custody arrangements establish constructive coparenting relationships Revolutionize your understanding of family law. Learn how utilizing the mathematical principles of game theory can help you, as a legal professional, to create enhanced outcomes for your clientsenhanced outcomes for your clients, their families, processes between attorneys, and your business. The whole family, and especially the children, will benefit.
Folberg,Dwight Golann,Lisa A. Kloppenberg,Thomas J. Stipanowich
Author: Folberg,Dwight Golann,Lisa A. Kloppenberg,Thomas J. Stipanowich
Publisher: Aspen Publishers
Resolving Disputes: Theory, Practice, and Law, Third Edition, features a logical four-part organization that covers negotiation, mediation, arbitration, and hybrid approaches, which prepares law students to represent clients in all forms of alternative dispute resolution. Drawing on the authors decades of experience as teachers, neutrals, and ADR trainers, this casebook provides vivid examples presented from headline cases, literature, and the authors files. In addition, it offers excerpts from other leading authors so that diverse ideas are juxtaposed on major issues. The text integrates coverage of law, ethics, and practice and interesting notes, thoughtful problems and provocative questions throughout the text illustrate the role of the attorney, the perspective of the client and practical challenges. Key Features: Retains the same popular format as previous editions while incorporating user recommendations. Updated and new excerpts from leading experts presenting different views on challenging topics. Fresh notes and examples from actual cases. Additional coverage on causes of conflict, heuristics, the role of emotions, and decision science. A single chapter now contrasts commercial, no-caucus and transformative mediation techniques. Completely revised arbitration section, features interesting new material and engaging exercises. Presents practical information on drafting arbitration agreements, selecting arbitrators, and procedures. Recent legislative and judicial developments in arbitration law, award enforcement, and fairness issues. New treatment of hybrid ADR and dispute systems design.
The Book of Estate Planning Questions and Answers is a reference guide to estate planning in South Carolina. It includes concrete examples and illustrative diagrams and is a straightforward resource based on the most commonly asked estate planning questions.
Understanding Family Business, Shared Wealth and Power
Author: Doug Baumoel,Blaire Trippe
Category: Business & Economics
Based on the groundbreaking work of Doug Baumoel and Blair Trippe, Deconstructing Conflict helps enterprising families navigate the challenges of owning and managing together. Using The Conflict Equation methodology, the book deconstructs conflict into its component parts to arm family business stakeholders and advisors with cutting-edge thinking.