1 / 256

Prof. John Barkai William S. Richardson School of Law University of Hawaii

Mediation Theory and Practice. Prof. John Barkai William S. Richardson School of Law University of Hawaii. www2.hawaii.edu/~barkai. Google - John Barkai. www2.hawaii.edu/~barkai. Google: John Barkai. TP.ppt. Dragon Naturally Speaking “Premium” edition - $145 Amazon

vince
Download Presentation

Prof. John Barkai William S. Richardson School of Law University of Hawaii

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. Mediation Theory and Practice Prof. John BarkaiWilliam S. Richardson School of LawUniversity of Hawaii

  2. www2.hawaii.edu/~barkai Google - John Barkai

  3. www2.hawaii.edu/~barkai Google: John Barkai

  4. TP.ppt

  5. Dragon Naturally Speaking “Premium” edition - $145 Amazon Academic pricing $100 Various microphone options

  6. Negotiation & ADR are Professional and Personal Skills

  7. Inside the Heads of my Negotiation Students By John Barkai

  8. Not everyone can be a great chef

  9. Not everyone can be a great chef But, everyone can learn to cook

  10. “Even a sheet of paper has two sides” Japanese Proverb

  11. Perspective View

  12. I’ve got it again Larry. An eerie feeling like there is something on top of the bed.

  13. "Then it's agreed. Watson, Smith, Teller, and Wilson go to Heaven; Jones, Paducci, and Horner go to Hell; and Fenton and Miller go to arbitration.

  14. This course will ….

  15. After taking this course A recent student said …

  16. After taking this course My girl friend is like a changed woman

  17. After taking this course My girl friend is like a changed woman (because she thinks I'm a changed man)

  18. Common Forms of Dispute Resolutions • Negotiation: • Discussion for the purpose of settling differences. • Mediation: • Conciliation: • A neutral third party assists the parties to reach a negotiated settlement but has no power to decide the issues in dispute. • Arbitration: • A neutral third party is given the power to decide the issues in conflict. The arbitrator decides after hearing arguments and reviewing evidence. • Trial in Court: • Evidence is presented to a judge or jury for a decision under formal rules of law and procedure

  19. ADR Alternative Dispute Resolution

  20. HOW DO YOU SAY “ADR”? Compiles by Professor John Barkai and students from the University of Hawaii’s JEMBA Program (Japan Focused Executive MBA) and JAIMS’ (Japan American Institute for Management Science) Intercultural Negotiations class.

  21. APCSS HOW DO YOU SAY “ADR”?

  22. INTROS

  23. Mediation Conciliation Professor John BarkaiWilliam S. Richardson School of LawUniversity of Hawaii

  24. Mediation is an informal process in which a third‑party assists others to reach a negotiated settlement.

  25. Mediation is assisted negotiation

  26. NO POWER The mediator has no power to decide the dispute

  27. NO POWER The mediator has no power to decide the dispute but sometimes “proposes” a solution (if evaluative)

  28. ADR since 6 B.C.

  29. 1979 Honolulu

  30. 1979 Honolulu

  31. Mediators For Hire

  32. Levels of Mediation Community Family disputes Commercial/Construction/Legal Other types International Politics

  33. Models of Mediation Wide variety (largely very similar) Almost anything works (sometime) Are there “Best Practices?”

  34. Models of Mediation

More Related