Sharing A Mediator S Powers

"This book will help you bargain more effectively in mediation. Dwight Golann's award-winning book, Mediating Legal Disputes, explained how commercial mediators settle cases. In Sharing a Mediator's Powers, he explains how advocates can harness these techniques to maximize their effectiveness in bargaining. Using examples from actual mediations, Golann offers specific suggestions about how to use mediators, and the process, to best effect. You will learn how to: get key players to the table, obtain access to evidence not provided in discovery, arrange a mediation format that matches your strategy, focus discussion on issues that help your case, probe the other side's state of mind, support cooperative, creative or competitive bargaining strategies, manage how a mediator evaluates a legal case, influence when and how impasse-breaking tactics are applied. The theme of this book? Don't approach the mediation process passively. Instead, use it in an active way to achieve your bargaining goals. Included with this book is a DVD that brings advocacy concepts alive. 24 excerpts show how to apply key techniques in the context of a commercial case"--Unedited summary from book.

Can power sharing prevent violent ethnic conflict? And if so, how can the international community best promote that outcome? In this concise volume, Timothy Sisk defines power sharing as practices and institutions that result in broad-based governing coalitions generally inclusive of all major ethnic groups. He identifies the principal approaches to power sharing, including autonomy, federations, and proportional electoral systems. In addition, Sisk highlights the problems with various power-sharing approaches and practices that have been raised by scholars and practitioners alike, and the instances where power-sharing experiments have succeeded and where they have failed. Finally, he offers some guidance to policymakers as they ponder power-sharing arrangements.

This book examines the effect of biased and neutral mediators in civil wars. Based on analysis of both global data and case studies of contemporary peace processes, including India and Norway in Sri Lanka, China in Cambodia, US in Israel/Palestine, and Russia in Georgia, the book makes two main contributions. First, it explores the role of biased mediators in contemporary peace processes. The author develops a theory explaining why biased mediators are more effective than their neutral counterparts and the book identifies four different mechanisms through which biased mediators can be effective peace-brokers. By developing a comprehensive set of mechanisms to explain bias mediation, the work deepens understanding of biased mediators in general, and their role in resolving civil conflict in particular. The second contribution offered is a novel way of measuring mediation success. Previous research has concentrated on settlement, behavior, or implementation. While these conceptualisations of mediation success all have merit, they fail to address how the basic incompatible positions are regulated. This book focuses on mediators’ ability to regulate core compatibilities by crafting institutional peace arrangements that generally are considered to enhance the prospect for durable peace. This approach has wider implications for peace and conflict research by bringing together research on durability of peace and studies on international mediation, two fields of research which hitherto have been kept apart. This book will be of much interest to students of international mediation, conflict management, civil wars, security studies and IR in general.

The book surveys comparative power sharing models implemented in societies that have faced identity-conflicts, with attention given to post-conflict design. It analyzes the success and pitfalls of international experiences before proposing a model for Syria. Contributors address the central question: which among the set of power-sharing agreements that have helped settle protracted identity-driven armed conflict can provide Syria with a platform for dialogue, negotiation, and conflict mitigation? The comparative analysis advanced in this book extracts lessons from countries such as Bosnia-Herzegovina, India, Iraq, Lebanon, Mali, Northern Ireland, the Philippines and Sudan. The prospect of a post-conflict distribution of power in Syria is then unraveled from different sectarian, ethnic and regional perspectives. The authors also address challenges of peacebuilding such as violent extremism, gender participation, resettlements, retributions, transitional justice, integration of armed groups and regional and international sponsorship.

This volume considers an array of power-sharing systems in divided cities and states, with critical evaluations of their merits and defects as well as explanations of their emergence, maintenance, and failings.

Nearly all the peace accords signed in the last two decades have included power-sharing in one form or another. The notion of both majority and minority segments co-operating for the purposes of political stability has informed both international policy prescriptions for post-conflict zones and home-grown power-sharing pacts across the globe. This book examines the effect of power-sharing forms of governance in bringing about political stability amid deep divisions. It is the first major comparison of two power-sharing designs – consociationalism and centripetalism - and it assesses a number of cases central to the debate, including Nigeria, Sri Lanka, Fiji, Bosnia and Herzegovina, Burundi and Northern Ireland. Drawing on information from a variety of sources, such as political party manifestoes and websites, media coverage, think tank reports, and election results, the author reaches significant conclusions about power-sharing as an invaluable conflict-management device. This text will be of key interest to students and scholars of ethnic conflict management, power-sharing, ethnic politics, democracy and democratization, comparative constitutional design, comparative politics, intervention and peace-building.

"This book explains how to mediate legal disputes-cases serious enough for parties to hire lawyers to represent them-and describes the techniques you can use to resolve them"--

This book is informative, fascinating, and readable. "Thirty Reasons Why Mediation should be Considered in Resolving Conflicts " highlight the reasons why conflicts can be resolved much easier than most of us thought.