Through clear, concise writing and a problem-based pedagogy, this notably student-friendly Whaley book helps students to understand the statutory language of the Uniform Commercial Code, the Electronic Fund Transfer Act, and the Expedited Funds Availability Act.Problems and Materials on Payment Law, now in its Eighth Edition, features:The black-letter law of payment systems in clear and straightforward writing;A logical and adaptable organization that follows the order of UCC Articles 3, 4, 4A, and 8;A problems-based pedagogy -- a practical and expedient way to teach payment law;A manageable length, at 416 pages;Significant Supreme Court cases.New to the Eighth Edition:Recent major cases involving check alteration;Statutory revisions that reflect a new Federal Reserve regulation allowing banks to return telemarketing checks to the depositary bank.A master at helping students to penetrate the sometimes-opaque language of statutory law, Douglas J. Whaley is the name that you trust to bring you concise, student-friendly, problem-based casebooks.

This exceptional, all-original book is the first to fully integrate text and video. It combines sophisticated textual analysis of the mediation process with a six-hour DVD illustrating the stages of the mediation process, the skills of effective mediators and the role of lawyers representing clients in the process. Designed for clinical or simulation courses, The Practice of Mediation: A Video-Integrated Text is sure to become the mediation skills text of choice. This text is the ultimate integration of theory and practice in that: each volume contains unscripted, high quality video depicting nine professional mediators, of different backgrounds and orientations, mediating three different disputes, with very different results the DVD extracts are fully integrated with the text, enabling students to “see” what they are studying as they read, and enabling instructors to save precious classroom time by assigning DVD extracts to be viewed and analyzed outside of class the mediations depicted on the DVD — a child custody case, a small claims consumer dispute, and a premises liability suit filed by a tenant against his former landlord-are based on real cases, selected for their varied contexts and dispute characteristics the DVD illustrates a wide range of mediator and lawyer conduct and includes an extended comparative example of facilitative and evaluative mediation of the same matter Accessible and conversational in style, the text draws on the most recent research in the field and: explores and recognizes all of the major approaches to mediation, helping students, as prospective neutrals and client representatives, analyze how the characteristics of a dispute and the context of the mediation setting might affect what mediation approach(es) will best suit each case sets out a model of mediation, from information gathering through persuasion, that can be applied in community and court settings, and in disputes ranging from family and employment to small claims and large commercial matters examines in detail all the major ethical and role issues that mediators and lawyers representing clients in mediation encounter Unique in its approach and designed to maximize the classroom experience, this is an outstanding teaching package. The carefully crafted Teacher's Manual includes: sample syllabi and teaching suggestions for how the book can be used in a variety of course configurations short classroom exercises, games, role-plays and longer simulations , debriefing notes and references to the leading books and articles in the field a website for adopters will facilitate the exchange of teaching idea

This book provides a detailed overview of mediation, from the premediation conference through all stages of the mediation session. It guides the new mediator through the mediation process by answering the one hundred questions most frequently asked by new mediators. The book has been used successfully for self-instruction and as a training manual. Experienced mediators and attorneys who represent clients in mediation will also find this book extremely useful. The Appendix 'Everything You Never Wanted to Know About the Rules of Evidence' is especially valuable for the non-attorney mediator, who must often deal with the evidentiary vocabulary of the legal profession. You will learn to establish your authority as a mediator, schedule the mediation session, deliver the mediator's opening statement, prioritise issues, preside during joint sessions, conduct private caucuses, overcome impasses, identify 'hidden agenda' and 'throwaway' items, deal with parties who lack settlement authority, and aid parties to achieve a viable settlement.

Conflict is inevitable, in both deals and disputes. Yet when clients call in the lawyers to haggle over who gets how much of the pie, traditional hard-bargaining tactics can lead to ruin. Too often, deals blow up, cases don't settle, relationships fall apart, justice is delayed. Beyond Winning charts a way out of our current crisis of confidence in the legal system. It offers a fresh look at negotiation, aimed at helping lawyers turn disputes into deals, and deals into better deals, through practical, tough-minded problem-solving techniques. In this step-by-step guide to conflict resolution, the authors describe the many obstacles that can derail a legal negotiation, both behind the bargaining table with one's own client and across the table with the other side. They offer clear, candid advice about ways lawyers can search for beneficial trades, enlarge the scope of interests, improve communication, minimize transaction costs, and leave both sides better off than before. But lawyers cannot do the job alone. People who hire lawyers must help change the game from conflict to collaboration. The entrepreneur structuring a joint venture, the plaintiff embroiled in a civil suit, the CEO negotiating an employment contract, the real estate developer concerned with environmental hazards, the parent considering a custody battle--clients who understand the pressures and incentives a lawyer faces can work more effectively within the legal system to promote their own best interests. Attorneys exhausted by the trench warfare of cases that drag on for years will find here a positive, proven approach to revitalizing their profession. (20001102)

The field of mediation has expanded dramatically since Friends Conflict Resolution Programs published the original MediatorÌs Handbook in 1982, the first "how-to" mediation manual available to the public. Since then, mediation has evolved from an alternative approach to conflict resolution for community activists to a process that has become part of our everyday landscape.Continuously in print for fifteen years, The Mediator's Handbook provides a time-tested, flexible model for effective mediation in diverse environments and situations. Completely revised, the new edition provides a clear overview of mediation and conflict; a section that walks through each step in the mediation process; a large "Toolbox" section that details the skills and approaches used by professional mediators; and a final section that looks at informal mediation. Whether new to the art of mediation or an experienced professional, people working in corporations, government agencies, community organizations, schools, and any other situation where there is a need to build bridges between diverse perspectives will find The MediatorÌs Handbook a valuable resource.Jennifer E. Beer is the author of the original Mediator’s Handbook and helped develop Friends Conflict Resolution Programs' well-known mediation training course. She is the founder of JB Intercultural Consulting. Eileen Stief created FCRP's mediation program and training course 20 years ago. She is now a partner in PennACCORD Associates, a firm specializing in dispute resolution and conflict management. She is co-author of FCRP's School Mediation Trainer's Manual. Friends Conflict Resolution Programs is a program of the Philadelphia Yearly Meeting of the Religious Society of Friends (Quakers) and is one of the longest-running mediation programs in the United States.

Peacemaking Circles are used in neighborhoods to provide support for those harmed by crime and to decide sentences for those who commit crime, in schools to create positive classroom climates and resolve behavior problems, in the workplace to deal with conflict, and in social services to develop more organic support systems for people struggling to get their lives together. The Circle process hinges on storytelling. It is hard work, but it is an effort bringing astonishing results around the country.

With an emphasis on the practical, Mediation: The Roles of Advocate and Neutral, Second Edition, integrates theory with skills and strategies, ethics, and multiple practice applications to teach students how to represent clients effectively in resolving disputes through mediation. Written by authors of the respected casebook, Resolving Disputes, this next-generation book: includes all of the mediation material in Resolving Disputes as well as selected materials from the negotiation and hybrid sections. expands some mediation coverage in the casebook, including listening, positional bargaining, and court programs. adds mediation coverage not in the casebook, including discussions of the merits of mediation, psychological issues, mediating class actions, and conducting multi-party mediation. emphasizes the lawyer's perspective by focusing on professional negotiation as an agent for clients. includes examples drawn from headline cases, literature, and lawyers' experiences that will capture student interest. The authors continue to draw on their extensive experience as ADR teachers, trainers, and practitioners to refresh the Second Edition with: New exercises that illustrate how lawyers can use and shape the mediation process, such as when selecting mediators and dealing with positional bargainers. New exercises include a cross-cultural business role-playing scenario to give students a sense of the actuality of mediation. A new DVD with commercial mediators mediating an international business dispute, which is organized into short chapters that show a particular stage in the process or technique, ranging from a pre-mediation meeting to the use of decision analysis and impasse-breaking techniques. Mediation: The Roles of Advocate and Neutral, Second Edition, concentrates on the practical, real-world aspects of mediation rather than the theoretical or academic in order to better prepare students for their role as lawyers in the mediation process.

In this global market, where an arbitration agreement is increasingly a part of every international sales agreement, the value of an integrated approach to teaching--at the intersection of substantive contract law and dispute resolution--is immediately evident. Morissey and Graves powerfully demonstrate both how a lawyer drafts an international sales contract and how the transactional and arbitral provisions interact if the 'deal' does not go as anticipated. Timely and succinct (at 528 pages), International Sales Law and Arbitration offers: an integrated approach that combines substantive contract law and dispute resolution balanced coverage of how a lawyer drafts an international sales contract and how the transactional and arbitral provisions and arbitral provisions interact if the "deal" does not go as anticipated hypothetical and actual cases, as well as arbitral decisions (with detailed commentary) that illustrate applications of the CISG, the UNCITRAL Model Law and the New York Convention problems and questions that provide students with opportunities to apply the law, and to elucidate the policies underlying the various approaches taken by the prevailing laws Logically organized in three parts--an overview of international commercial law, CISG, and dispute resolution-- International Sales Law and Arbitration: Problems, Cases, and Commentary also provides important reference material, such as the UNCITAL Model Law Jurisdictions and Sources of Contracting Parties' Rights and Obligations, in a generous four-part Appendices. For a sensible and cutting-edge view of international sales law, take a look at this groundbreaking new casebook by Morrissey and Graves.