The essential bestselling guide to designing and leading useful and effective group conversations, now completely revised and updated

Integrating over 60 years of research and development, this essential guide to group communication and participatory decision-making is an international bestseller.

The Art of Focused Conversation, a core component of the Technology of Participation (ToP) methodology by The Institute of Cultural Affairs, is vital for facilitators aiming to lead effective conversations and foster collaboration. The fully updated and revised edition includes:

• Preparation and guidelines for discussing challenging topics and facilitating a focused conversation
• A comprehensive overview of the ORID framework, made up of Objective, Reflective, Interpretive, and Decisional questions which guide a group to wise decisions
• In-depth analysis of how the underlying structure of ToP is based on applied phenomenology and is supported by the latest findings in neuroscience and social psychology
• New sections on diversity, equity, and inclusion; work-life balance; conflict resolution; and guiding focused conversations online
• 125 sample conversations that can be adapted to any situation.
  

Invigorate and elevate your group process with this invaluable resource-- required reading for facilitators, leaders, educators, and anyone who wants to think clearly and guide thoughtful conversations.

A 2023 Porchlight Best Business Book Awards Winner

Takes the whole subject of negotiation out of the corporate boardroom and very effectively situates it squarely in the world of everyday people.--Kirkus Reviews

A contemporary and inclusive how-to guide to everyday negotiation that centers social justice and equity.

Transformative Negotiation advances an understanding of power and oppression as core to negotiation, arguing that negotiation is central to social mobility and social change. Bringing theory into action, the book explores the real-world examples that Sarah Federman's own students bring to class, such as negotiating with courts to get their kids back or with the IRS to reduce late fees.

Federman explains how heritage, ethnicity, wealth, gender, age, education, and other factors influence what we ask for and how people respond to our requests, as well as what is at stake when we negotiate. This book provides tools to help readers gain confidence in their everyday negotiation skills and link personal success to social transformation.

In honor of the 100th anniversary of the Federal Arbitration Act, this volume brings together a diverse group of leading scholars and practitioners to celebrate its successes and propose specific reforms. Readers will gain insight into how the Federal Arbitration Act impacts the modern practice of arbitration and how the Supreme Court's interpretation of the Act undermines its fairness. Focusing on domestic, commercial and consumer, as well as securities and labor and employment arbitration, this book provides a roadmap to enhance the fairness and coherence of the Act. The volume is unique in that it serves as the impetus for a law reform project, with over thirty scholars speaking collectively for improvements to the law. More effective than scattershot arguments, this coordinated effort delivers a consistent message to a national audience: that arbitration has become ubiquitous and the law should ensure it is fair and equitable.

This work has been selected by scholars as being culturally important and is part of the knowledge base of civilization as we know it.

This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work.

Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. To ensure a quality reading experience, this work has been proofread and republished using a format that seamlessly blends the original graphical elements with text in an easy-to-read typeface.

We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.

A 2023 Porchlight Best Business Book Awards Winner

Takes the whole subject of negotiation out of the corporate boardroom and very effectively situates it squarely in the world of everyday people.--Kirkus Reviews

A contemporary and inclusive how-to guide to everyday negotiation that centers social justice and equity.

Transformative Negotiation advances an understanding of power and oppression as core to negotiation, arguing that negotiation is central to social mobility and social change. Bringing theory into action, the book explores the real-world examples that Sarah Federman's own students bring to class, such as negotiating with courts to get their kids back or with the IRS to reduce late fees.

Federman explains how heritage, ethnicity, wealth, gender, age, education, and other factors influence what we ask for and how people respond to our requests, as well as what is at stake when we negotiate. This book provides tools to help readers gain confidence in their everyday negotiation skills and link personal success to social transformation.

This book will be the 9th Volume of Contemporary Issues in Mediation (CIIM), a thought-leadership publication which compiles the top submissions from an annual mediation essay competition organised by the Singapore International Mediation Institute. This book is edited by Singapore's leading experts on mediation and negotiation, Professor Joel Lee and Marcus Lim. CIIM is a unique and valuable addition to the growing body of mediation and dispute resolution literature.CIIM is the only publication in the market which seeks to explore current theories and applications of mediation concepts and practices in detail. Presently, most publications adopt a descriptive approach when outlining the uses of mediation. CIIM introduces an evaluative component into literature on this niche subject matter and pushes the boundaries of mediation thoughts and theory. Further, readers stand to benefit from a diverse range of topics selected for their high quality of research and novelty. This will support the development of mediation as a profession undergirded by certain professional standards and practices.With the coming into force of the Singapore Convention on Mediation in 2020, mediation is taking a permanent place in the dispute resolution landscape. The success of the past eight volumes of CIIM is a testament to the growing interest in the wide variety of issues that arise in this specialised field.

The world is in a state of crisis - from the presidential elections to the insurrection on January 6; from the deaths and devastation created by the pandemic to impassioned resistance to masks and vaccines; from the murders of George Floyd and Brionna Taylor to the rise of white supremacy and Black Lives Matter; from sexual harassment and #metoo to Jeffrey Epstein, Harvey Weinstein, and Andrew Cuomo; from unprecedented fires, floods, and heat waves to climate change denial; from war and civilian casualties in Afghanistan, Somalia, Yemen, and the Middle East to bristling hostilities with China, Russia, Cuba, Iran, Venezuela, and others.

In these conflicts and crises, our success and survival as a civilization and as a species, increasingly depend on our ability to listen empathetically, communicate non-violently, solve problems jointly, negotiate collaboratively, decide consensually, act collectively, and resolve conflicts meditatively. They depend on our ability to appreciate diversity and dissent, engage in dialogue with those who think differently, and build trust between former foes; and on our ability to bridge and dismantle the social, economic, political, cultural, and environmental barriers we have erected to dominate and prevail over others.

The stakes are high and getting higher. The old ways are failing and new ones are needed. These conflicts and crises are not over and will not wait. Unprecedented crises require unprecedented solutions.

This book is an attempt to shift the way we think and act in times of conflict and crisis, and to encourage the adaptation and application of conflict resolution skills and techniques to the social, economic, political, and environmental disputes and crises that impact us.

This book addresses how the regulation of international commercial arbitrators takes place.International commercial arbitrators are a unique category of service providers because they are not organised as other professionals such as accountants, lawyers and doctors. The book provides an overview of how and why the regulation of international commercial arbitrators diverged from that of other professions. It also argues that, despite these differences, there is an effective regulatory environment overseeing the behaviour of international commercial arbitrators.

The book unpicks the different elements that contribute to the creation and enforcement of professional norms in this field. It explains how the specific characteristics of the arbitral market create strong incentives for ethical norms to be created, even in the absence of the institutions that usually address these issues in other fields. It also describes how market and social forces drive arbitrators to comply with these norms in most circumstances. Finally, the book addresses the ways in which this regulatory system also explains some of the perceived weaknesses of arbitration, namely the rising costs of proceedings and the perceived unfairness of appointments.

Lawyers, Crown counsels, district attorneys, and paralegals are often tasked with managing negotiation and conflict resolution in the courtroom; however, very little theory or literature surrounding this specialization exists. This handbook effectively closes these gaps and extensively discusses theories of negotiation and conflict resolution in criminal practice. Part one discusses communicating effectively and appropriately with clients, court staff, and opposing counsel by identifying and establishing cultural competence, rapport, and nonverbal cues. Part two identifies alternative processes in negotiation and conflict resolution including victim-offender mediation and retroactive justice, while part three covers career development in areas such as managing challenging clients and developing strategies for dealing with high-stress scenarios.

This ground-breaking resource is well suited to students in a wide variety of courses that specialize in negotiation and conflict resolution including criminal justice, law, paralegal, police studies, or criminology.

FEATURES:

• Includes learning objectives, chapter overviews, case studies, ethical dilemmas, and suggestions for further reading

The 1921 Tulsa Race Riot was the country's bloodiest civil disturbance of the century. Thirty city blocks were burned to the ground, perhaps 150 died, and the prosperous black community of Greenwood, Oklahoma, was turned to rubble.

Alfred L. Brophy draws on his own extensive research into contemporary accounts and court documents to chronicle this devastating riot, showing how and why the rule of law quickly eroded. Brophy shines his lights on mob violence and racism run amok, both on the night of the riot and the following morning. Equally important, he shows how the city government and police not only permitted looting, shootings, and the burning of Greenwood, but actively participated in it by deputizing white citizens haphazardly, giving out guns and badges, or sending men to arm themselves. Likewise, the National Guard acted unconstitutionally, arresting every black resident they found, leaving property vulnerable to the white mob.

Brophy's stark narrative concludes with a discussion of reparations for victims of the riot through lawsuits and legislative action. That case has implications for other reparations movements, including reparations for slavery. This updated edition features a new foreword by Randall Kennedy.

For every lawyer practicing or aspiring to practice law in the US and every student striving to become a well-rounded litigator, familiarity with relevant case law is indispensable. This axiom holds particularly true in the realm of arbitration. As the ultimate arbiter on arbitration matters in the US, the decisions of the US Supreme Court carry paramount significance. This book serves as a vital resource, offering detailed analysis of nearly 40 cases by arbitration experts well-versed in the intricacies of the US legal system. Through meticulous commentary and critique, it vividly illustrates how SCOTUS has profoundly influenced the landscape of arbitration law and practice over the years.

Dispute System Design walks readers through the art of successfully designing a system for preventing, managing, and resolving conflicts and legally-framed disputes. Drawing on decades of expertise as instructors and consultants, the authors show how dispute systems design can be used within all types of organizations, including business firms, nonprofit organizations, and international and transnational bodies.

This book has two parts: the first teaches readers the foundations of Dispute System Design (DSD), describing bedrock concepts, and case chapters exploring DSD across a range of experiences, including public and community justice, conflict within and beyond organizations, international and comparative systems, and multi-jurisdictional and complex systems. This book is intended for anyone who is interested in the theory or practice of DSD, who uses or wants to understand mediation, arbitration, court trial, or other dispute resolution processes, or who designs or improves existing processes and systems.

Public policy is a key concept for international arbitration and is practically relevant because public policy is enshrined in the New York Convention and almost all national laws as a ground to resist enforcement or to annul an arbitral award. However, due to its theoretical complexity and dynamic nature, it has been acknowledged as being one of the most misused grounds and the approach of arbitration scholars to the topic has also often been fragmentary.

Public Policy and Mandatory Laws in International Arbitration offers a comprehensive account of a key concept for international arbitraion by two leading experts in the field. The book puts forward the argument that it is easier and more apposite to identify principles of public policy at a regional level or at a level where several states share a common legal background and tradition. The book focuses on common law principles of public policy, and public policy in English law in particular. The authors use their extensive experience and research to analyze the concept of public policy, and identify the key principles of public policy and mandatory rules of common law states in international arbitration.

The Crossroads of Conflict: A Journey into the Heart of Dispute Resolution (Second Edition) describes all conflicts as crossroads and catalysts for learning, evolution, growth, and wisdom. It shows how to locate the root sources of conflict and remove the barriers to forgiveness and reconciliation, collaboration, and community.

Ken Cloke's analysis of the inner sources of chronic conflict and ideas for a unified theory for resolving conflict is groundbreaking and destined to become a cornerstone of the future of dispute resolution.

This revolutionary book shows how through mediation parties can escape the trap of conflict rather than remain ensnared within its grasp at enormous cost to themselves and others. The authors demonstrate how mediators, and lawyers, can support parties to work together effectively in ways that deeply respect their humanity. Through the telling of ten riveting stories of actual commercial mediations, the principles and methodologies of the understanding-based approach come alive. In so challenging conflict, the authors also challenge the conflict resolution field to reach for more.

Reading this book is like having a mentor. It allows readers to simultaneously view the mediation process while also reading the inside thoughts of the mediator.
- Legal Information Alert (Vol. 28, Number 3), Alert Publications, Inc., Chicago, IL

Lainey is the expert on how to work collaboratively to create long term societal inclusion. - Jenny Lay-Flurrie, Chief Accessibility Officer, Microsoft

This fantastic guide to structured negotiations provides valuable insights for anyone interested in becoming a better advocate. I really enjoyed reading this book and appreciate all the lessons within. - Haben Girma, Human rights lawyer and author of the best seller, Haben, the Deafblind Woman Who Conquered Harvard Law.

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Structured Negotiation: A Winning Alternative to Lawsuits shares stories and strategies from 25 years of successful collaborations between the disability community and some of the largest public and private organizations in the United States. Born at the intersection of accessibility, technology, disability, and dispute resolution, the pioneering strategy described in this book has been instrumental in creating a more inclusive digital world for a quarter century.

First published by the American Bar Association, the Second Edition includes new Structured Negotiation win-wins, other new content, and Forewords by Haben Girma, author of the best-selling Haben: The Deafblind Woman Who Conquered Harvard Law and by Susana Sucunza, Basque Country Spain collaborative lawyer and president of the Basque Country Collaborative Law Association.

Not just for lawyers, the book offers an effective and path-breaking method to resolve disputes without lawsuits, and to lessen the conflict and expense of filed cases. Lawsuits play an important role in moving society forward. But the legal profession ― and the public it serves ― deserve less costly, less stressful, and more cooperative and ethical alternatives. Clients need a forum where stories matter. Would-be defendants need a process that allows them to do the right thing without having to prove there is no problem to begin with.

International Commercial Arbitration is an authoritative 4,250 page treatise, in three volumes, providing the most comprehensive commentary and analysis, on all aspects of the international commercial arbitration process that is available.

The Third Edition of International Commercial Arbitration has been comprehensively revised, expanded and updated,

• To include all legislative, judicial and arbitral authorities, and other materials in the field of international arbitration prior to June 2020.
• It also includes expanded treatment of annulment, recognition of awards, counsel ethics, arbitrator independence and impartiality and applicable law.
• The revised 4,250 page text contains references to more than 20,000 cases, awards and other authorities and will enhance the treatise's position as the world's leading work on international arbitration.

The first and second editions of International Commercial Arbitration have been routinely relied on by courts and arbitral tribunals around the world ((including the highest courts of the United States, United Kingdom, Singapore, India, Hong Kong, New Zealand, Australia, the Netherlands and Canada) and international arbitral tribunals (including ICC, SIAC, LCIA, AAA, ICSID, SCC and PCA), e.g.:

U.S. Supreme Court - GE Energy Power Conversion France SAS, Corp. v. Outokumpu Stainless USA, LLC, 590 U.S. - (U.S. S.Ct. 2020); BG Group plc v. Republic of Argentina, 572 U.S. 25 (U.S. S.Ct. 2014);

Canadian Supreme Court - Uber v. Heller, 2020 SCC 16 (Canadian S.Ct.); Yugraneft Corp. v. Rexx Mgt Corp., 2010] 1 R.C.S. 649, 661 (Canadian S.Ct.);

U.K. Supreme Court - Jivraj v. Hashwani 2011] UKSC 40, 78 (U.K. S.Ct.); Dallah Real Estate & Tourism Holding Co. v. Ministry of Religious Affairs, Gov't of Pakistan 2010] UKSC 46 (U.K. S.Ct.);

Swiss Federal Tribunal - Judgment of 25 September 2014, DFT 5A_165/2014 (Swiss Fed. Trib.);

Indian Supreme Court - Bharat Aluminium v. Kaiser Aluminium, C.A. No. 7019/2005, 138-39, 142, 148-49 (Indian S.Ct. 2012);

Singapore Court of Appeal - Rakna Arakshaka Lanka Ltd v. Avant Garde Maritime Servs. Ltd, 2019] 2 SLR 131 (Singapore Ct. App.); PT Perusahaan Gas Negara (Persero) TBK v. CRW Joint Operation, 2015] SGCA 30 (Singapore Ct. App.); Larsen Oil & Gas Pte Ltd v. Petroprod Ltd, 2011] SGCA 21, 19 (Singapore Ct. App.);

Australian Federal Court - Hancock Prospecting Pty Ltd v. Rinehart, 2017] FCAFC 170 (Australian Fed. Ct.);

Hague Court of Appeal - Judgment of 18 February 2020, Case No. 200.197.079/01 (Hague Gerechtshof);

Arbitral Tribunals - Lao Holdings NV v. Lao People's Democratic Republic I, Award in ICSID Case No. ARB(AF)/12/6, 6 August 2019; Gold Reserve Inc. v. Bolivarian Republic of Venezuela, Decision regarding the Claimant's and the Respondent's Requests for Corrections, ICSID Case No. ARB(AF)/09/1, 15 December 2014; Total SA v. The Argentine Republic, Decision on Stay of Enforcement of the Award, ICSID Case No. ARB/04/01, 4 December 2014; Millicom Int'l Operations B.V. v. Republic of Senegal, Decision on Jurisdiction of the Arbitral Tribunal, ICSID Case No. ARB/08/20, 16 July 2010; Lemire v. Ukraine, Dissenting Opinion of J rgen Voss, ICSID Case No. ARB/06/18, 1 March 2011.