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Beyond the Courtroom provides a compilation of articles and chapters by a dispute resolution scholar who has made remarkable contributions over his thirty-year career. Professor Abramson has focused his research and practice on parties trying to resolve their own disputes. This book includes publications that have contributed to launching the then new field of mediation representation with special attention on how attorneys, as gate keepers to mediation, can effectively represent clients. The book also includes his original publications that have contributed to the emerging field of intercultural and international mediation and the already robust and mature field of negotiations.
Professor Hal Abramson, faculty member and former vice dean at Touro Law Center, New York, teaches, trains, and writes on representing clients in domestic and international mediations, resolving intercultural disputes, and negotiations. He is an award-winning author who has been selected for International Who’s Who of Commercial Mediation, served as first scholar-in-residence for the International Academy of Mediators, and has conducted trainings in nineteen countries on six continents.
Table of Contents
About the Author
Foreword
1. Introduction and Overview of the Three Parts
Part I: Mediation Representation
2. Mediation Representation, Acknowledgements
3. Problem-Solving Advocacy in Mediations: A Model of Client Representation
4. Mediation Representation, Table of Contents and Introductory Chapter
5. Are Legal Disputes Just about Money? Answers from Mediators on the Front Line
6. Mediation Representation: Representing Clients Anywhere
Part II: Intercultural and International Mediations
7A. International Dispute Resolution: Cross-Cultural Dimensions and Structuring Appropriate Processes (A)
7B. International Dispute Resolution: Cross-Cultural Dimensions and Structuring Appropriate Processes (B)
8. Protocols for International Arbitrators Who Dare to Settle Cases
9. Mining Mediation Rules for Representation Opportunities and Obstacles
10. Selecting Mediators and Representing Clients in Cross-Cultural Disputes
11. Criteria for Approving Programs to Qualify Mediators for IMI Inter-Cultural Certification
12. Crossing Borders into New Ethical Territory: Ethical Challenges When Mediating Cross-Culturally
13. Outward Bound to Other Cultures: Seven Guidelines for U.S. Dispute Resolution Trainers
Part III: Negotiations
14. Mediation Representation, 3rd Edition, Chapter 1, Negotiating in Mediations
15. Fashioning an Effective Negotiation Style: Choosing between Good Practices, Tactics and Tricks
16. Nelson Mandela as Negotiator: What Can We Learn from Him?