Mediation for Estate Planners

Managing Family Conflict

Author: Susan N. Gary

Publisher: American Bar Association

ISBN: 9781634255479

Category: Law

Page: 315

View: 2668

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.

Estate and Trust Planning

Author: N.A

Publisher: Amer Bar Assn


Category: Law

Page: 594

View: 7795

This practical guide to the law of donative transfers is a guide through the maze of terminology, rules, and policies raised by wealth transfers.

Charitable Gift Planning

A Practical Guide for the Estate Planner

Author: N.A

Publisher: American Bar Association

ISBN: 9781590318782

Category: Law

Page: 846

View: 6697

When Congress passed the Pension Protection Act of 2006, they created what may be the most significant reform to charitable planning since the Tax Reform Act of 1969. This practice-focused book is now fully updated to explain the legislation's impact on all aspects of charitable planning. It provides clear and insightful explanations of all relevant tax law, financial considerations, and includes drafting guidelines, and forms to assist with clients' charitable giving needs as part of a comprehensive estate and financial plan. Includes drafting guides and sample forms on CD-ROM.

Taxation and Funding of Nonqualified Deferred Compensation

A Complete Guide to Design and Implementation

Author: Michael G. Goldstein,Michael A. Swirnoff,William A. Drennan

Publisher: Aba Professional Education


Category: Law

Page: 329

View: 4020

Mom Always Liked You Best

A Guide for Resolving Family Feuds, Inheritance Battles and Eldercare Crises

Author: Rikk Larsen,Arline Kardasis,Crystal Thorpe,Blair Trippe

Publisher: N.A

ISBN: 9780615480886

Category: Family & Relationships

Page: 132

View: 3946

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.

Estate Planning for Same-sex Couples

Author: Joan M. Burda

Publisher: American Bar Association

ISBN: 9781590313824

Category: Law

Page: 199

View: 7267

The 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, their children and their future.

The German Inheritance and Gift Tax

Author: Stefan Königer

Publisher: N.A

ISBN: 9781634258395

Category: Gifts

Page: 396

View: 5003

Germany is the fourth largest economy in the world, making it an attractive business location and boasting a high standard of living. A number of companies have their registered offices in Germany, including many organized as family businesses. In addition, with worldwide mobility and the internationalization of companies, there has been an increase in binational marriages and dual citizenships. These factors often result in German inheritance and gift tax consequences, either through a residence or through assets held in Germany. By providing deep insights in all issues of tax liability, valuation, tax calculation as well as tax assessment and levy procedures in Germany, this detailed guide is an ideal support for international tax lawyers involved in succession planning for clients who either reside in Germany or hold German assets. The book comprises legal text of the German Inheritance and Gift Tax Act as well as in-depth commentary and guidance, section by section. Beginning with an overview of the basic structure of the German Inheritance and Gift Tax Act, chapters in the book address each section of Act and the author's informed commentary includes practical advice and instructions regarding tax planning. Topics addressed in the German Inheritance and Gift Tax Act include these issues, among many others: - Taxable transactions- Personal tax liability- Community property- Gifts inter vivos- Valuation- Tax exemptions- Privileged assets- Real estate- Tax rates- Taxation of pensions, uses, and services- Duty of notification

The Mediation Handbook

Research, theory, and practice

Author: Alexia Georgakopoulos

Publisher: Routledge

ISBN: 1317300696

Category: Business & Economics

Page: 414

View: 9386

The Handbook of Mediation gathers leading experts across fields related to peace, justice, human rights, and conflict resolution to explore ways that mediation can be applied to a range of spectrums, including new age settings, relationships, organizations, institutions, communities, environmental conflicts, and intercultural and international conflicts. The text is informed by cogent theory, state-of-the-art research, and best practices to provide the reader with a well-rounded understanding of mediation practice in contemporary times. Based on four signature themes—contexts; skills and competencies; applications; and recommendations—the handbook provides theoretical, applicable, and practical insight into a variety of key approaches to mediation. Authors consider modern conflict on a local and global scale, emphasizing the importance of identifying effective strategies, foundations, and methods to shape the nature of a mediation mindfully and effectively. With a variety of interdisciplinary perspectives, the text complements the development of the reader’s competencies and understanding of mediation in order to contribute to the advancement of the mediation field. With a conversational tone that will welcome readers, this comprehensive book is essential reading for students and professionals wanting to learn a wide range of potential interventions for conflict.

The Partnership Charter

How To Start Out Right With Your New Business Partnership (or Fix The One You're In)

Author: David Gage

Publisher: Basic Books

ISBN: 9780786725267

Category: Business & Economics

Page: 272

View: 5352

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.

An estate planner's guide to family business entities

family limited partnerships, limited liability companies, and more

Author: Louis A. Mezzullo

Publisher: Amer Bar Assn

ISBN: 9781590312452

Category: Business & Economics

Page: 234

View: 1570

Providing the necessary background for lawyers and financial planners to accurately advise clients on transferring wealth through the establishment of a business entity.

Beyond the Wall of Resistance

Unconventional Strategies that Build Support for Change

Author: Rick Maurer

Publisher: Bard Productions


Category: Political Science

Page: 208

View: 4454

"Change dominates today's business landscape. All organizations - large or small, private, public, or nonprofitconstantly deal with resistance to change in the form of reorganizations, mergers, downsizing, and new technology. The success of the change and ultimately the organization's success often depend on how well managers can work with resistance." "Beyond the Wall of Resistance provides a fresh approach that shows why the conventional ways of dealing with resistance - using power, deal making, force of reason, ignoring it - actually increase opposition; tells frustrated managers at all levels how to transform the power of resistance into a positive force; gives practical strategies that build support for change; and includes assessment tools that encourage immediate application."--BOOK JACKET.Title Summary field provided by Blackwell North America, Inc. All Rights Reserved

Personal Conflict Management

Theory and Practice

Author: Suzanne Mccorkle,Melanie Reese

Publisher: Routledge

ISBN: 1315453797

Category: Language Arts & Disciplines

Page: 344

View: 4656

Personal Conflict Management, 2nd edition details the common causes of conflict, showcases the theories that explain why conflict happens, presents strategies for managing conflict, and invites consideration of the risks of leaving conflict unsettled. This book also explores how gender, race, culture, generation, power, emotional intelligence, and trust affect how individuals perceive conflict and choose conflict tactics. Detailed attention is given to the role of listening and both competitive and cooperative negotiation tactics. Separate chapters explain how to deal with bullies and conflict via social media. The volume caps off its investigation of interpersonal conflict with chapters that: provide tools to analyze one’s conflicts and better choose strategic responses; examine the role of anger and apology during conflict; explore mediation technique; and evaluate how conflict occurs in different situations such as family, intimacy, work, and social media.

Resolving Disputes

Theory, Practice, and Law

Author: Jay Folberg,Dwight Golann,Thomas J. Stipanowich,Lisa A. Kloppenberg

Publisher: Wolters Kluwer Law & Business

ISBN: 1454877294

Category: Law

Page: 912

View: 5599

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 purchase of this Kindle edition does not entitle you to receive 1-year FREE digital access to the corresponding Examples & Explanations in your course area. In order to receive access to the hypothetical questions complemented by detailed explanations found in the Examples & Explanations, you will need to purchase a new print casebook.

Conflict Resolution for the Helping Professions

Negotiation, Mediation, Advocacy, Facilitation, and Restorative Justice

Author: Allan Edward Barsky,Professor Social Work Allan Barsky

Publisher: Oxford University Press

ISBN: 0199361185


Page: 624

View: 2538

Revised edition of Conflict resolution for the helping professions, 2007.

Game Theory & the Transformation of Family Law

A New Bargaining Model for Attorneys and Mediators to Optimize Outcomes For

Author: Kenneth H. Waldron,Allan Koritzinsky

Publisher: BookBaby

ISBN: 1936268957

Category: Law

Page: 245

View: 523

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.

Contemporary Trusts and Estates

Author: Susan N. Gary,Jerome Borison,Naomi R. Cahn,Paula A. Monopoli

Publisher: Wolters Kluwer Law & Business

ISBN: 145488343X

Category: Law

Page: 942

View: 1955

The third edition of Contemporary Trusts and Estates captures the rapid evolution of doctrine in trusts and estates law that has occurred over the past half-century in response to profound societal and demographic changes. Based on recent developments in legal education, this casebook integrates legal analysis, judgment and perspective, ethics, and practice skills. It focuses simultaneously on the theoretical foundations and practical applications of the material, teaching students by using traditional case analysis and, at the professor’s option, innovative exercises. Features: Newly designed, with Wills now presented before Trusts New problems, exercises and cases ¿ Post-Obergefell v. Hodges developments for same-sex families More material on decanting and the new Uniform Trust Decanting Act Inclusion of the Uniform Powers of Appointment Act Discussion of planning for digital assets Incorporation of 2016 ACTEC Commentary on the Model Rules

Challenging Conflict

Mediation Through Understanding

Author: Gary J. Friedman,Jack Himmelstein

Publisher: Amer Bar Assn

ISBN: 9781604420524

Category: Law

Page: 305

View: 9722

This revolutionary book shows how mediators and lawyers can help parties to escape the way conflict has them trapped and to work together toward meaningful and lasting resolutions that deeply respect their humanity. Through the telling of ten riveting stories of real mediations in diverse settings, the principles and methodologies of this dynamic approach to conflict come alive. In so "Challenging conflict," the authors also challenge the conflict resolution field to reach for more. Book jacket.

Essays on Mediation

Dealing with Disputes in the 21st Century

Author: Ian Macduff

Publisher: Aspen Publishers

ISBN: 9789041183668


Page: 312

View: 650

Essays on Mediation Edited by Ian Macduff Across a range of jurisdictions, in differing legal systems, mediation is achieving ever-greater institutional and statutory force, and what not long ago was a marginal technique for dispute resolution is becoming mainstream and orthodox. But how firm a sense do we have about the social formation we call 'mediation'? Through reflections and case histories, this distinctive collection of essays by experienced mediators from across the globe provides a clearer understanding than we have had heretofore of what mediation is and what it can offer as a practical, accessible and positive alternative in civil justice systems. The authors each address ways mediation has been or can be applied to dispute resolution in such pressing contexts as the following: enduring and intense conflicts; planning and environmental issues; conflicts arising between refugee and 'host' communities; elder care; intercultural settings; online communication; science-based disputes; and public policy disputes. The questions raised as to access to justice, identifying unmet needs, improving the provision of services, and fostering an ongoing conversation on mediation go well beyond the confines of commercial dispute resolution and the walls of courtrooms. Through the practical experiences described, useful and insightful perspectives emerge on the practice, principles and legitimacy of mediation. These invaluable reports and reflections on the powerful resources that mediation and mediators can bring to the table will be welcomed by a diversity of legal practitioners and jurists as well as academics.

Land in Conflict

Managing and Resolving Land Use Disputes

Author: Sean Nolon,Ona Ferguson,Patrick Field

Publisher: Lincoln Inst of Land Policy

ISBN: 9781558442467

Category: Political Science

Page: 188

View: 5869

With years of professional experience and more than a decade of research sponsored by the Lincoln Institute of Land Policy, the authors, all associated with the Consensus Building Institute, have found that the mutual gains approach is a better way to manage the most challenging land use disputes. This approach is guided by core principles, follows a set of clear action steps, and is useful at different stages of land use decision making. It is different from, though not incompatible with, the required land use procedures. It is not a single process or technique; it draws from the fields of negotiation, consensus building, collaborative problem solving, alternative dispute resolution, public participation, and public administration. The result is a more public, collaborative process designed to tease out the range of interests and criteria, compare various alternatives, and determine which alternatives meet the most interests. Case studies from across the United States and Canada illustrate the principles and steps in the mutual gains approach.

Deconstructing Conflict

Understanding Family Business, Shared Wealth and Power

Author: Doug Baumoel,Blaire Trippe

Publisher: N.A

ISBN: 9780996425605

Category: Business & Economics

Page: 226

View: 3936

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.