Arbitration, mediation and alternative dispute resolution Books

Book SynopsisEveryone condemns what they perceive as ''abuse of rights'', and some would elevate it to a general principle of law. But the notion seldom suffices to be applied as a rule of decision. When adjudicators purport to do so they expose themselves to charges of unpredictability, if not arbitrariness. After examining the dissimilar origins and justification of the notion in national and international doctrine, and the difficulty of its application in both comparative and international law, this book concludes that except when given context as part of a lex specialis, it is too nebulous to serve as a general principle of international law.Trade Review'With precision and passion, Paulsson challenges a shibboleth of international law.' W. Michael Reisman, Professor, Yale Law School'Paulsson's characteristic insistence that - in Holmes' phrase - we must think things, not words, and his willingness to puncture conventional wisdom, all make this a vital read for anyone concerned with the nature of law; characteristically, too, this is at the same time erudite and readable, clear-headed and quotable.' Alan Scott Rau, Professor Emeritus, University of Texas School of Law'Some may describe this book as iconoclastic. I say simply: legal theory at its best.' Francisco Gonzáles de Cossío, Arbitrator and Professor, Universidad Iberoamericana and Escuela Libre de Derecho, Mexico'Unprincipled and unstructured pleas of abuse of rights will not survive the publication of this book.' Zachary Douglas QC, Institut de hautes études internationales et du développement (Geneva)'I strongly recommend this book, supremely sharp on technical reasoning and sensitive to challenges and limitations of the reality of international dispute settlement that the author knows so well. Whether the reader finds themselves largely persuaded by Paulsson's argument, as I was, they will certainly be intellectually enriched from reading the treatment of an important topic by one of the great figures of modern international dispute settlement. The essentially simultaneous publication in autumn 2020 of The Unruly Notion of Abuse of Rights and the merits judgment of the ICJ in Immunities and Criminal Proceedings puts the book under review in the rare category of perfectly timed scholarship that independently captures the substance of the leading judgment, explains the intellectual backstory of a key concept, and is likely to significantly shape future developments in the field.' Martins Paparinskis, Arbitration InternationalTable of Contents1. Matters of nomenclature; 2. An idealistic but troublesome impulse; 3. A cacophony of criteria; 4. A 'principle' with no rules?; 5. The challenge of establishing universal principles; 6. The Politis/Lauterpacht quest to elevate abuse of right; 7. Rejection and retrenchment; 8. The vanishing prospect.

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Book SynopsisEverything you need to enter the exciting field of legal mediation To be an effective mediator, it's essential to possess the ability to take control of animated situations, offer advice, and facilitate discussion all the while remaining neutral without formulating biased judgment.Table of ContentsIntroduction 1 Part I: Acquiring the Keys to Mediation Success 7 Chapter 1: Achieving Success as a Mediator 9 Chapter 2: Choosing the Right Niche 21 Chapter 3: Training for Your Chosen Market and Niche 35 Part II: Becoming a Master Mediator 61 Chapter 4: Navigating the Mediation Process 63 Chapter 5: Mediating with and without Lawyers 83 Chapter 6: Exploring Different Mediation Styles 97 Chapter 7: Honing Essential Mediation Skills 115 Chapter 8: Employing Conflict Dynamics to Resolve Any Dispute 135 Part III: Improving Your Success Rate 157 Chapter 9: Establishing and Maintaining Control 159 Chapter 10: Transitioning from Adversarial Negotiation to Collaborative Mediation 173 Chapter 11: Capitalizing on Your People Skills 187 Chapter 12: Problem-Solving Like a Pro 201 Chapter 13: Breaking through Impasse 219 Chapter 14: Closing and Memorializing the Parties' Agreement 245 Part IV: Launching Your Own Mediation Practice 255 Chapter 15: Building Your Business from the Ground Up 257 Chapter 16: Marketing Yourself and Your Business Online and Off 273 Chapter 17: Growing Your Business through Client Retention and Community 289 Part V: The Part of Tens 303 Chapter 18: Ten Practices of the Super Mediator 305 Chapter 19: Ten Major Mediating Mistakes and How to Avoid Them 311 Chapter 20: Ten Tips for Busting Impasse 317 Index 323

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Book SynopsisMulti-Party and Multi-Contract Arbitration in the Construction Industry provides the first detailed review of multi-party arbitration in the international construction sector. Highly practical in approach, the detailed interpretation and assessment of the arbitration of multi-party disputes will facilitate understanding and decision making by arbitrators, clients and construction contractors.Trade Review"Dr Dimitar Kondev's book on multi-party and multi-contract arbitration in the construction industry tackles a complex topic, which presents many hurdles in practice. Dr Kondev has successfully accomplished this difficult task. He leads the reader through the intricacies and pitfalls of this subject in an efficient and well-structured manner. He also takes a convincing stance on the most controversial issue and proposes pragmatic and workable solutions to the recurring problems that arise with respect to multi-party arbitration in construction disputes. This book might be of interest not only for practitioners specialised in construction arbitration but also for the arbitration community... In view of the foregoing, there is no doubt that this book is a must read for arbitration practitioners. Let us hope that Dr Kondev’s recommendations will be well received and implemented by the practitioners and drafters of international standard forms and arbitration rules. This would be a significant step-forward in enhancing dispute resolution in the construction industry." Fabrice Robert-Tissot, International Business Law Journal (RDAI 2018/1, pp 121-124) “This is the first book which deals with multi-party and multi-contract arbitration in the construction sector.… In his book, Dr Kondev makes an in-depth analysis of the legal regulation of this type of arbitration contained in the most popular institutional arbitration rules and the arbitration laws of different jurisdictions. The book also offers an up-to-date and thorough review of how multi-party and multi-contract arbitration is dealt with in the most widely used international standard forms of construction contract (such as the FIDIC books, NEC3, etc.) and some domestic standard forms (used mostly in Great Britain, the US and some Scandinavian countries)… The book also contains practical guidelines for drafting multi-party arbitration clauses… Because of the importance of the matters discussed in this treatise, it would be of great value to lawyers, arbitrators and academics in the field of international commercial arbitration.” Society and Law (5/2017, pp 111-112) "Complex arbitration disputes involving multiple parties and multiple contracts are both an evergreen – as demonstrated by the extensive literature on the subject – and a hot topic – confirmed, eg, by numerous amendments to arbitration rules in recent years... Given this background, is it possible to add anything new or meaningful? KONDEV has demonstrated that it definitely is. On the one hand, his study is clearly structured, well written, and thoroughly researched; this alone makes it stand out and merit a strong recommendation. On the other hand, KONDEV adds a specialist perspective to the debate, namely that of the construction industry... The author ‘attempted to bridge the gap between the theoretical proposals regarding multi-party arbitration and their practical application’ (pp 326-327). It is submitted that he fully succeeded. Anyone dealing with multi-party, multicontract issues in the construction industry will benefit from this new book – drafters of contracts or rules as well as counsel, arbitrators, or judges in pending proceedings." Johannes Landbrecht, 36 ASA Bulletin 1/2018 (March), p. 256 “Another publication on multi-party arbitration? Was that necessary, given that a lot has been written about this topic over the years already? It was. For at least two reasons. First, most of the existing contributions discuss the issue in a general context without regard to the peculiarities of disputes and specific contractual frameworks found in the construction industry. Second, many articles identify the numerous problems of multi-party arbitration without providing any self-contained practical solutions. Dimitar Kondev’s 408-page book fills these two gaps… For a number of reasons, Kondev’s book is of great value. It provides a useful overview of different approaches in arbitration rules, arbitration legislation and standard form contracts. It explains the importance of tailoring arbitration agreements to reflect the peculiarities of each project, the peculiarities of the underlying contracts, the peculiarities of the applicable arbitration rules and relevant national laws. Finally, the author addresses concerns and provides thoughts and ideas that are absolutely essential for drafting multi-party arbitration clauses. Not only, but in particular, the last two chapters of the book are very inspiring, even for experienced practitioners, and the various committees and working groups involved in the development of standard form contracts and arbitration rules.” Hein-Jürgen Schramke, Construction Law International 13 (1) (March 2018) “As surprising as it may sound, Multi-Party and Multi-Contract Arbitration in the Construction Industry appears to be the first published monograph dealing specifically with the topic of multi-party and multi-contract arbitration in the construction sector. [Dr Kondev's] dual background as practicing lawyer and scholar allows him to address with success the topic of this book from both theoretical and practical standpoints... Dr Kondev’s expertise and well researched approach makes this monograph a highly informative read. Dr Kondev’s insightful book will be of use first and foremost to construction practitioners who are looking for a comprehensive study of the difficulties raised by the multi-party and multi-contract nature of construction disputes. That book, however, should also appeal to general arbitration practitioners and academics looking to deepen their understanding of multi-party and multi-contract arbitration, as much of the insights transpose well into areas of arbitration practice other than construction." Dr. Remy Gerbay, ICC Dispute Resolution Bulletin, Issue 2 (2018), pp. 83-84 “Dr Kondev’s book provides a useful in-depth analysis of the three main legal sources of the regulation of multi-party arbitration: the arbitration agreement, applicable arbitration rules and arbitration laws… Dr Kondev’s clear analysis leads him to conclude that the current legal framework has largely failed to provide workable solutions for the construction sector. He suggests two ways in which this framework could be improved: through the contractual regulation of multi-party disputes and by amendments to the arbitration institutional rules. Of particular practical use, recognising that the drafting of multi-party arbitration clauses can be a daunting complex exercise, Dr Kondev considers in detail the drafting of such clauses. He provides clear, and sensible guidelines, as a checklist for the drafter. Overall Dr Kondev has achieved his aim: to contribute at the theoretical level and to produce a book with a clear practical approach to the problems discussed. His book is of interest to anyone involved or interested in international construction arbitration including in-house lawyers, arbitrators, private practitioners, academics and those involved in drafting international standard forms and arbitration rules. “ Marion Smith QC, 35 The International Construction Law Review, No. 3 (2018), pp. 359-360 Table of ContentsAbout the Author x Foreword xi Preface xiii Acknowledgements xv List of Abbreviations xvi 1 Introduction 1 1.1 General background and research problem 1 1.2 Scope of the book, limitations and literature review 4 1.2.1 Scope of the book 4 1.2.2 Limitations 4 1.2.3 Literature review 5 1.3 Sources used 6 1.4 Structure of the book 9 1.5 Aims and contribution of the book 10 2 Multi‐Party Arbitration in General 11 2.1 Terminology notes 11 2.1.1 Definition of multi‐party arbitration 11 2.1.2 Multi‐party and multi‐contract arbitration: divergent or similar concepts? 12 2.1.3 Group of contracts doctrine 14 2.2 Legal techniques introducing multi‐party arbitration 15 2.2.1 Single request for arbitration 16 2.2.2 Joinder 16 2.2.3 Intervention 16 2.2.4 Consolidation 17 2.3 Advantages of multi‐party arbitration 18 2.3.1 Avoids risk of inconsistent findings 18 2.3.2 Less time and fewer costs 19 2.3.3 Fewer factual errors 20 2.4 Obstacles to multi‐party arbitration 21 2.4.1 Consensual nature of arbitration 21 2.4.2 Arbitration as a two‐party setup 23 2.4.3 Arbitration as a confidential process 24 2.4.4 Setting aside proceedings and non‐recognition and / or non‐enforcement of arbitral awards 26 2.4.5 Practical difficulties 30 3 The Need for Multi‐Party Arbitration in the Construction Sector 31 3.1 Specifics of construction disputes and construction arbitration 31 3.2 Introduction to international standard form construction agreements 33 3.2.1 FIDIC Conditions of Contract 33 3.2.2 NEC contracts 36 3.2.3 ICC contracts 37 3.2.4 ENAA model forms 38 3.2.5 IChemE contracts 39 3.2.6 PPC International and SPC International 39 3.3 Contractual structures in construction projects 40 3.3.1 ‘Build‐only’ projects 40 3.3.2 ‘Design‐build’ or ‘turnkey’ projects 41 3.3.3 Construction management 43 3.3.4 Management contracting 44 3.3.5 ‘Design‐build‐operate’ (‘DBO’) model 45 3.3.6 Partnering and alliancing 46 3.4 Parties’ interests in multi‐party arbitration 46 3.4.1 Employer 46 3.4.2 Contractor 51 3.4.3 Subcontractor 52 3.4.4 Designer 53 3.4.5 Engineer 54 3.4.6 Suppliers 56 3.4.7 Technical consultants 56 3.4.8 Guarantors 56 3.4.9 Concluding remarks 58 4 Multi‐Party Arbitration Solutions under Arbitration Rules 60 4.1 ICC Rules 61 4.1.1 Multi‐contract claims and prima facie assessment 62 4.1.2 Joinder 67 4.1.3 Consolidation 69 4.2 CEPANI Rules 71 4.2.1 Multiple parties and multi‐contract claims 71 4.2.2 Joinder and intervention 73 4.2.3 Consolidation 75 4.3 LCIA Rules 77 4.4 UNCITRAL Rules 80 4.5 Swiss Rules 84 4.5.1 Prima facie test 84 4.5.2 Consolidation 84 4.5.3 Joinder and intervention 88 4.6 Rules adopted by the American Arbitration Association (‘AAA’) 90 4.6.1 Construction Industry Arbitration Rules (‘CIAR’) 90 4.6.2 ICDR Rules 92 4.7 Vienna Rules 94 4.7.1 Joinder 95 4.7.2 Consolidation 98 4.8 DIS Arbitration Rules 99 4.9 SCC Rules 100 4.10 DIA Rules 101 4.11 Arbitration rules in Asia 102 4.11.1 CIETAC Rules 102 4.11.2 SIAC Rules 106 4.11.3 HKIAC Rules 109 4.11.4 JCAA Rules 114 4.12 Concluding remarks regarding arbitration rules 115 5 Multi‐Party Arbitration Solutions under Arbitration Laws 121 5.1 UNCITRAL Model Law 122 5.2 The United Kingdom 124 5.3 The Netherlands 129 5.4 Belgium 131 5.5 New Zealand 132 5.6 Hong Kong 133 5.7 Canada 137 5.8 Australia 138 5.9 Other countries 139 5.10 Multi‐party arbitration in the United States 140 5.10.1 Legal framework 140 5.10.2 United States’ case law on multi‐party arbitration 146 5.11 Should arbitration laws deal with multi‐party arbitration? 158 5.12 Concluding remarks regarding arbitration laws 164 6 Contractual Solutions to Multi‐Party Arbitration 167 6.1 FIDIC Conditions of Contract 169 6.2 Blue Form 175 6.2.1 Clause 18(2) of the 1984 Blue Form 175 6.2.2 Use of the Blue Form in conjunction with the FIDIC Conditions of Contract 183 6.2.3 Commentary on clause 18(2) 189 6.2.4 Clause 18(8) of the 1991 Blue Form 201 6.2.5 Clause 18(10) of the 1998 Blue Form 205 6.2.6 Clause 18C(4) of the 2008 Blue Form 206 6.3 JCT Contracts 208 6.3.1 JCT 80 approach to multi‐party arbitration 209 6.3.2 Commentary on the JCT 80 approach 219 6.3.3 New JCT approach 222 6.4 ACA standard forms 223 6.5 Nec3 226 6.5.1 Main contract provisions 227 6.5.2 Subcontract provisions 229 6.5.3 Do NEC3 provisions create a self‐contained mechanism for joint adjudication? 230 6.5.4 Compatibility between the joint adjudication provisions and the dispute notification requirements 232 6.6 IChemE contracts 234 6.7 ICC contracts 237 6.8 PPC and SPC International 238 6.9 ENAA Model forms 240 6.10 AIA standard forms 242 6.11 ConsensusDocs 247 6.12 AB 92 and ABT 93 250 6.13 Concluding remarks regarding contractual approaches 252 7 Proposed Solutions 255 7.1 Jurisdictional approach 256 7.2 Abstract consensual approach 262 7.3 Proposed contractual solutions 264 7.3.1 IBA guidelines for Drafting International Arbitration Clauses 267 7.3.2 AAA Guide to Drafting Alternative Dispute Resolution Clauses for Construction Contracts 271 7.3.3 Drafting Multi‐Party Arbitration Clauses 273 7.3.4 Sample multi‐party arbitration clause 303 7.4 Institutional approach 313 7.4.1 How to create a workable multi‐party arbitration mechanism under arbitration rules? 315 7.4.2 Compatibility of arbitration agreements 319 7.4.3 Other circumstances 322 8 Conclusion 325 Table 1 Summary of Multi-Party Arbitration Provisions under the Reviewed Arbitration Rules 328 Table 2 Summary of Multi-Party Arbitration Provisions under Arbitration Laws 333 Appendix 1 Second Alternative Clause of Clause 20 of the FIDIC Subcontract 337 Appendix 2 Multi‐Party Arbitration Provisions under the Blue Form 351 Appendix 3 Multi‐Party Arbitration Clauses under the ENAA Model Form – International Contract for Process Plant Construction, 2010 and Related Subcontracts 355 Bibliography 358 Index 381

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Book SynopsisTable of ContentsChapter 1: Take the Fear Out of Negotiation Chapter 2: Put the Right Issues on the Table Chapter 3: Build Your BATNA Chapter 4: Define Your Reservation Point Chapter 5: Establish an Ambitious Goal Chapter 6: Make the First Offer, and Craft a Compelling Message Chapter 7: Reinforce Your Message with a Multiple Offer Chapter 8: Say It, Don’t Send It Chapter 9: Leave Yourself Room to Concede to Close the Deal Chapter 10: The Five F’s to Ensure You Are a Fearless Negotiator Acknowledgments About the Author Index

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Book SynopsisThis book presents reflections of prominent international peacemakers in the Middle East, including Jimmy Carter, Lakhdar Brahimi, Jan Eliasson, Alvaro de Soto, and others. It provides unique insights and lessons learned about diplomacy and international peace mediation practice based on real life experience.Trade Review"I have traveled with many of the inspiring authors in this book on the difficult roads of peace. Their stories and lives are what make peace a reality. Our peace efforts are a daily search for hope and for mending the brokenness in our world.' — Archbishop Desmond Tutu, Nobel Peace Prize Recipient (1984)"Success or failure of the international community, and the UN, in peacemaking in the Middle East will continue to have a profound impact not only on the region but also globally. It's therefore timely to welcome and read about lessons learned and compelling personal stories in contributions from many of the UN's finest diplomats. Tough questions, and no easy answers, but a fascinating read for anyone interested in how the UN can improve its work and contribute to solving the crises in the Middle East." — Ambassador Geir O. Pedersen, Permanent Representative of Norway to the United Nations; former UN Under-Secretary-General and Secretary General Special Representative and Special Coordinator for Lebanon"A critical contribution to the study and practice of international peacemaking in the Middle East and beyond by top mediators, including former US President Jimmy Carter. This book provides unique insights and lessons learned by United Nations peacemakers over the past few decades as well as successful and failed strategies to end wars. A must read for students and practitioners of diplomacy and conflict resolution." — Fawaz A. Gerges, Professor of International Relations and Chair of Contemporary Middle Eastern Studies, London School of Economics and Political Science, UKTable of ContentsIntroduction; Rami G. Khouri, Karim Makdisi, and Martin WählischPart I: Peacemaking and the United NationsIntroduction; Karim Makdisi1. Making and Keeping the Peace: Reflections on UN Experiences in the Middle East and Afghanistan; Lakhdar Brahimi2. Peacemaking Under the United Nations Flag: Reflections on a Quarter Century of Mediations; Jan Eliasson3. Lessons Learned from a Quarter Century of Peacemaking; Alvaro de Soto4. Crossroads of Crisis: Yarmouk, Syria, and the Predicament of the Palestinian Refugees; Filippo Grandi5. The UN in the Middle East and the Arab Awakening; Richard FalkPart II: The Arab-Israeli Peace ProcessIntroduction; Rami G. Khouri6. Thirty Years after Camp David: A Memo to the Arab World, Israel, and the Quartet; Jimmy Carter7. The Situation in the Middle East: A Vision for the Future; Amr Moussa8. Talking with Islamists: The Need for Mutual Dignity and Respect; Alastair Crooke9. Supervising a Temporary Truce, Working for a Permanent Peace: UNTSO's Mission in the Middle East; Robert MoodPart III: Paths in Conflict ResolutionIntroduction; Martin Wählisch10. Beyond Mediation: Promoting Change and Resolving Conflict Trough Authentic National Dialogues; Hannes Siebert11. Preventing and Resolving Deadly Conflict: What Have We Learned?; Gareth Evans12. The Public as Peacemaker: How Polling in Divided Societies Can Promote Negotiated Agreements; Colin Irwin13. Fostering Power-sharing and Governance in Pluralistic Societies: Lessons from Canada's Experience; Bob Rae

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Book SynopsisFrom the world''s leading expert on trust repair, a guide to understanding the most essential foundation of our relationships and communities.When our trust is broken, and when our own trustworthiness is called into question, many of us are left wondering what to do. We barely know how trust works. How could we possibly repair it?Dr. Peter H. Kim, the world's leading expert in the rapidly growing field of trust repair, has conducted over two decades of groundbreaking research to answer that question. In How Trust Works, he draws on this research and the work of other social scientists to reveal the surprising truths about how relationships are built, how they are broken, and how they are repaired. Dr. Kim's work shows how we are often more trusting than we think and how easily our trust in others can be distorted. He illustrates these insights with accounts of some of the most striking and well-known trust violations that have occurred in modern times a

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Book SynopsisTransform your ability to lead others with an abundance leadership mindset In Abundance Leaders: Creating Energy, Joy, and Productivity in an Unsettled World, renowned management consultant and lecturer Laura Freebairn-Smith delivers a rigorous and practical discussion of energetic, joyful, and productive leadership. In the book, you'll learn what sets leaders with an abundance mindset apart from those with a scarcity mindset, and why the former creates work environments that generate superior performance when compared to those created by the latter. The author comprehensively explains the Abundance Leadership Model and convincingly demonstrates how it leads to immediate and tangible improvements in productivity and employee wellbeing. You'll also find: A list of 26 distinct behaviors that signal a manager or executive is working in an abundance leadership mindset Strategies for leading bravely, making big, impactful promises, and alTable of ContentsForeword ix Preface xiii Section I Abundance Leadership 1 My Journey to Abundance Leadership 3 2 How Abundance Leaders Think 19 Looking for Explanations 19 Optimism 25 Three Other Fields That Inform Abundance Leadership 30 3 Four Meta-Competencies 43 Visioning for the Greater Good 48 Visibility 56 Self-Awareness 58 Managing Well 60 Section II Organizational Health and Abundance Leadership 4 Improving Your Organization’s Health 65 5 Macrolevers 69 Charrettes 69 Four-Day Workweek 73 Workspace Design 75 Managing by Circadian Rhythm 77 6 Microlevers: Small Tools for Big Change 87 The Gong 88 The Annual Donation: Collective Competition for the Greater Good 89 Public Agenda: Speak Up and Get Heard 90 Community Wall: Life Outside of Work 90 Snow Globes and Collective Memory 91 Facilitation Rotation 92 Dream List: Imagining Our Ideal World 92 Section III the How-to Manual 7 Visioning 99 Visioning 100 Creativity 107 8 Visibility 113 9 Self-Awareness 117 Reflection and Affect 121 Interpersonal Adeptness 135 Morality 140 Ego Control 141 10 Managing Well 145 Team Building 146 Communication 153 Protection 157 Decision-Making 163 Epilogue 169 Appendix A: Additional Resources 171 Appendix B: Organizational Development Bibliography 173 References 181 Acknowledgments 187 About the Author 189 Index 191

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Book SynopsisNow in its third edition, Mustill & Boyd: Commercial Arbitration remains the classic, standard work on its subject. Extensively updated since the previous edition, this essential work provides an in-depth guide to the Arbitration Act 1996 and the practice resulting from it. The new edition also includes expert consideration of the latest case law, coverage of new themes and the latest concepts in arbitration. Combining expert commentary on the origins, essence and characteristics of the Arbitration Act 1996 with practical guidance on the application of the Act in court, this work is still truly indispensable.

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Book SynopsisThis useful study guide to Alternative Dispute Resolution outlines the steps and procedure involved in settling disputes in an official fashion while preempting litigation.

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Book Synopsis

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Book SynopsisIn 2010, the Arbitration (Scotland) Act 2010 came into force with the aim of modernising Scots law on arbitration. Building on the previous edition, this book reviews the last 10 years: the development of the law in Scotland, the use of the Act and the Rules of Court, and how it all works in practice.

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Book SynopsisAnalyses the struggles for accountability and the resurgence of militarism in Brazil

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Book SynopsisModern organizational crises are complex, diverse, and frequent. Ineffective crisis management can result in catastrophic loss. Crisis Management: Resilience and Change introduces students to best practices for preventing, containing, and learning from crises in our global, media-driven society. While covering the strengths of existing works on crisis management, such as systems, leadership, communication, and stakeholder perspective, this innovative new text goes beyond to include global, ethical, change, and emotional aspects of crisis communication. Using her proven transformative crisis management framework, Sarah Kovoor-Misra illustrates how organizations of all sizes can be adaptable, proactive, resilient, and ethical in the face of calamity.Trade Review"A refreshing take on crisis leadership, Crisis Management: Resilience and Change goes beyond the typical crisis communication books in its focus on a much-needed ethical and global approach to leadership in crisis management. With well-known international examples of contemporary crises, Sarah Kovoor-Misra takes us into the mindset and the role of effective leaders and their decision-making strategies in times of crisis. This must-read book fills an important need at a time when leadership in crisis management is sorely needed. Well organized and easy-to-read, it should be on every leader and every student’s list." -- Amiso M. George"Crisis Management contains real-world information with a strong understanding of today’s on-line and traditional media." -- Andrea Obston"Crisis Management: Resilience and Change provides truly teachable moments moving beyond reactivity in crisis situations, providing leaders and organizations for betterment and progress following a crisis." -- Diana Lynne Bruns"This is a solid text that goes beyond crisis management. It provides important information on leading and managing in a dynamic environment, and is appropriate for all business students interested in becoming leaders capable of guiding their organizations in turbulent times." -- Herbert RauTable of ContentsIntroduction Acknowledgments About the Author PART I. FOUNDATION: UNDERSTANDING THE BASICS Chapter 1. The Nature of Organizational Crises: Understanding Its Structure What Are the Attributes of a Crisis? What Are the Causes of Crises? What Are the Consequences of a Crisis? What Are the Forms and Types of Crises? What Are the Phases of a Crisis? Conclusion Chapter 2. Organizational Crises as Change Why Is a Crisis a Change for Organizations? How Can Organizational Decline Cause Crises? How Can Organizational Growth Cause Crises? How Do Crisis Situations Differ From Other Forms of Change? What Are the Implications for Crisis Management? Conclusion Chapter 3. Transformative Crisis Management: An Overview What Does it Mean to be Transformative? What Are Some Benefits of a TCM Approach? What Are the Intellectual Roots of a TCM Approach? What Are the Phases of Transformative Crisis Management? What Are Some Critical Processes that Foster TCM? What Are Some Key Differences Between a Nontransformative Crisis Management and a TCM Approach? Conclusion PART II. CRISIS PREPAREDNESS: BUILDING RESOURCES Chapter 4. Transformative Leaders How Are Leaders a Resource during TCM? What Is a Transformative Mind-Set? What Are Some Important Transformative Values? What Are Some Important Leadership Traits? What Are Some Important Leadership Abilities? What Are Some Important Sources of Power? How Can Leadership Capacity for TCM be Built? Conclusion Chapter 5. Transformative Individuals How Are Individuals a Resource during TCM? What Mind-Sets and Values Are Important? What Are Some Important Personality Traits? What Are Some Important Abilities? How Can Organizations Support Transformative Individuals? Conclusion Chapter 6. Organizational Culture, Identity, and Character What Are Organizational Culture, Identity, and Character? How Are Organizational Culture, Identity, and Character Resources During TCM? How Can a Transformative Organizational Culture, Identity, and Character be Built? Conclusion Chapter 7. Positive Stakeholder Relationships and Adaptable Infrastructure Positive Stakeholder Relationships Adaptable Infrastructure as a Resource during Crisis Management Concluding Crisis Preparedness PART III. UNDER PRESSURE: Crisis Containment, Recovery and Growth Chapter 8. Crisis Containment: Managing Crises in Positive Ways Why Is Containing a Crisis Challenging? What Is Effective Crisis Containment? What Are the Stages of Crisis Containment? How Can Leaders Effectively Contain a Crisis? Conclusion Chapter 9. Postcrisis Recovery: Addressing Damage, Deriving Positive Outcomes What Are Some Areas of Damage that May Need to be Addressed? What Are Some Positive Outcomes that can be Attained? How Can Leaders Repair Operational and Physical Damage? How Can Psychosocial Damage Be Healed During Recovery? How Can Leaders Effectively Facilitate Postcrisis Recovery? Conclusion Chapter 10. Postcrisis Growth: Fixing, Rebuilding, Renewing What Is Postcrisis Growth? How Can Leaders Facilitate Learning During Postcrisis Growth? How Can Leaders Fix Problems and Rebuild Resources During Postcrisis Growth? How Can Leaders Foster Renewal and Vitality During Postcrisis Growth? What Steps Can Leaders Take to Facilitate Postcrisis Growth? Conclusion Organizational Postcrisis Growth Assessment Index

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Book SynopsisThis book explores how concerns can be raised about the NHS, why raising concerns hasn’t always improved standards, and how a no-fault open culture approach could drive improvements. The book describes a wide range of mechanisms for raising concerns about the NHS, including complaints, the ombudsman, litigation, HSIB, and the major inquiries since 2000, across the various UK jurisdictions. The NHS approach is contextualised within the broader societal developments in dispute resolution, accountability, and regulation. The authors take a holistic view, and outline practical solutions for reforming how the NHS responds to problems. These should improve the situation for those raising concerns and for those working within the NHS, as well as providing cost savings. The no-fault approaches proposed in the book provide long-term sustainable solutions to systemic problems, which are particularly timely given the impact of the COVID-19 pandemic on the NHS. The book will be of interest to academics, researchers, ADR practitioners, practising lawyers, and policy makers.Table of Contents1. Introduction Part One: The NHS 2. Our Wonderful NHS 3. The Long Term Plan 4. The NHS Patient Safety Strategy 5. NHS Policy on Responding to Mistakes Part Two: Raising Concerns 6. Mechanisms for Dealing with Staff Concerns 7. NHS Complaints 8. UK Health Service Ombudsman 9. Clinical Claims Against the NHS 10. Public Inquiries and Reviews 11. The Health Services Safety Investigation Branch 12. Complaints to Regulators Part Three: Raising Standards 13. Raising Concerns and Raising Standards 14. Conclusion

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Book SynopsisReviews from the first edition: ‘This handbook deserves a place … near the writing desk of every lawyer practising in the field of international arbitration’ Volker Triebel, Journal of International Arbitration ‘This book should find its way to the bookshelves of internationally experienced arbitration lawyers’ Christof Siefarth, Dispute Resolution This handbook provides an overview of the global framework of international commercial arbitration, in particular the New York Convention, the UNCITRAL Model Law, and international investment treaties. In addition, it offers comprehensive insight into international arbitration laws of countries covering over 60% of the global economy: Austria, Belgium, Brazil, China, England and Wales, France, Germany, Hong Kong, India, the Netherlands, Russia, Singapore, Spain, Sweden, Switzerland, and the US. The new edition includes numerous references to recent case law, material and legislative reform as well as topical developments in areas such as arbitrators' jurisdiction, the conduct of arbitral proceedings and the judicial control of arbitral awards. This title is included in Bloomsbury Professional's International Arbitration online service.Table of ContentsSummary of Contents PART 1 INTRODUCTION A. International Commercial Arbitration: Comparative Reflections on the UNCITRAL Model Law PART 2 INTERNATIONAL CONVENTIONS AND TREATIES B. The New York Convention C. Investment Treaty Arbitration PART 3 COUNTRY REPORTS D. International Arbitration in Austria E. International Arbitration in Belgium F. International Arbitration in Brazil G. International Arbitration in China (People’s Republic) H. International Arbitration in England and Wales I. International Arbitration in France J. International Arbitration in Germany K. International Arbitration in Hong Kong L. International Arbitration in India M. International Arbitration in the Netherlands N. International Arbitration in the Russian Federation O. International Arbitration in Singapore P. International Arbitration in Spain Q. International Arbitration in Sweden R. International Arbitration in Switzerland S. International Arbitration in the U.S.

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Book SynopsisIn this Liber Amicorum, leading experts and old-time friends from around the world come together to pay tribute to Christopher Hodges’ multifaceted career and work by exploring what can be done to deliver justice and fairness, focusing on collective redress, consumer dispute resolution, court system reform, ethical business regulation and regulatory delivery. After a decade-long career as a solicitor, Christopher Hodges became Professor of Justice Systems at the Centre for Socio-Legal Studies at the University of Oxford. Throughout his academic career he worked on a variety of topics dealing with access to justice and dispute resolution: from product liability, procedural/funding systems and collective redress, to alternative dispute resolution and ethical business regulation. In 2021 Christopher Hodges was awarded an OBE for services to business and law. His ground-breaking research not only inspired students and colleagues, but also influenced policymakers worldwide. Delivering justice, and “making things better”, runs like a thread through his work; the same thread connects the chapters in this book.Table of ContentsPart One: Homage to a Polymath 1. The Multidimensional Career of a Polymath, Xandra Kramer (Erasmus University Rotterdam, the Netherlands) Stefaan Voet (KU Leuven, Belgium), Lorenz Ködderitzsch (Johnson & Johnson, Belgium), Magdalena Tulibacka (Emory Law School, USA) and Burkhard Hess (Max Planck Institute Luxembourg for Procedural Law) 2. Resume and Main Publications, Xandra Kramer (Erasmus University Rotterdam, the Netherlands) Stefaan Voet (KU Leuven, Belgium), Lorenz Ködderitzsch (Johnson & Johnson, Belgium), Magdalena Tulibacka (Emory Law School, USA) and Burkhard Hess (Max Planck Institute Luxembourg for Procedural Law) 3. The Friend, David Marks (CMS Cameron McKenna, United Kingdom) 4. Policy Behaviour: Forging the Blueprint, Arundel McDougall (European Justice Forum, Belgium) and Urs Leimbacher (Swiss Re, Switzerland) 5. A Love of Music: From Oxford to the Sixteen, Harry Christophers CBE (The Sixteen, United Kingdom) 6. ‘In Modern Comic Opera One Sometimes Has to Wing It. If It’s Too Absurd to Say It, Then Sing It!’, Jeremy Gray (Bampton Classical Opera, United Kingdom) 7. Solicitor, Academic, Policymaker!, Diana Wallis (former European Parliament, Belgium) Part Two: Collective Redress 8. What is Collective in EU Collective Redress?, Hans Micklitz (European University Institute, Italy) and Andrea Wechsler (Pforzheim University, Germany) 9. ‘Je t’aime, moi non plus’: Why Europe Needs Strong Collective Redress, Alexandre Biard (Erasmus School of Law, the Netherlands) 10. Collective Redress in EU Consumer Law - How It Is, How It Could Be, Stephen Weatherill (University of Oxford, United Kingdom) 11. Let’s Redress European Redress the Hodges Way! Redressons redress en Europe à l’Hodgienne! A Look at How Canada Resolves the Conflicting Collective Claims Cross-Border Conundrum and How May the Canadian Solution Help Us in the EU?, Herbert Woopen (European Justice Forum, Belgium) 12. Deadweight Loss and Collective Redress in Competition Law, Franziska Weber (Erasmus School of Law, the Netherlands) 13. Third Party Funding in Collective Redress, Astrid Stadler (University of Konstanz, Germany) 14. Do Collective Redress Mechanisms Deliver Justice?, Mary Bartkus (Hughes Hubbard & Reed LLP, US) Part Three: Consumer Dispute Resolution 15. Does ADR “Get It”?, Lewis Shand Smith (Business Banking Resolution Service, United Kingdom) and Matt Vickers (Ombudsman Services, United Kingdom) 16. Consumer Dispute Resolution in the Digital Era: Access for Some Consumers?, Eline Verhage (Leiden University, the Netherlands) and Naomi Creutzfeldt (University of Westminster, United Kingdom) 17. Rise and Fall of Traffic Accident ADR in Japan: The Cause and the Possible Remedy, Takuya Hatta (Kobe University, Japan) 18. CDR: Catalyst for China’s E-Commerce, Ying Yu (University of Oxford, United Kingdom) and Alex Chung (University College London, United Kingdom) Part Four: Court System Reform and New Technologies 19. Digital Technology and The Development of Holistic Dispute Resolution, Sir Geoffrey Vos (Master of the Rolls, United Kingdom) and John Sorabji (UCL, United Kingdom) 20. The Evolution of No-Fault Compensation Schemes for Personal Injuries, Sonia Macleod (University of Oxford, United Kingdom) 21. No-Fault Compensation Systems in the Pandemic Context, Lorenz Ködderitzsch (Johnson & Johnson, Belgium) Part Five: Ethical Business Regulation, Corporate Behaviour, and Regulatory Delivery 22. Ethical Business Practice and Regulation and Beyond: Challenging Traditional Approaches to Compliance and Enforcement, Ruth Steinholtz (AretéWork, United Kingdom) and Srikanth Managalam (University of Queensland, Australia) 23. The Evolution of INDR 2017 – 2022, Hilary Evans (INDR, United Kingdom) and Graham Russell, Departments for Business, Energy and Industrial Strategy, United Kingdom)

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Book SynopsisIn the Comprehensive Economic and Trade Agreement (CETA), the EU has sought to implement a number of policy goals, including a new tribunal mechanism for resolving investment disputes, more precision in the wording of legal standards of protection in order to achieve better consistency in decision-making, and the inclusion of requirements on conflicts of interest of arbitrators and transparency of proceedings. This book provides a comprehensive article-by-article commentary on these ground-breaking agreements and Regulations, deconstructing the legal issues and providing practical insights. With a broader legal framework also in place in the form of three EU Regulations which underpin the investment protection law framework, the work also provides commentary on (i) Regulation (EU) No 912/2014 of the European Parliament and of the Council of 23 July 2014 establishing a framework for managing financial responsibility linked to investor-to-state dispute settlement tribunals established by international agreements to which the European Union is party, (ii) Regulation (EU) 1219/2012 establishing transitional arrangements for bilateral investment agreements between EU countries and non-EU countries and (iii) Regulation (EU) 2019/452 establishing a framework for screening of foreign direct investments into the European Union.

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Book SynopsisDigital mediation is here to stay, but how do mediators, advisers and clients achieve the same results from digital mediations as they do from face to face mediations? Do new skills and mindsets need to be learnt? Can you build rapport online? Can you read emotions? How do you market online? How do you decide whether it’s the right choice for your dispute? How does digital mediation fit into the world of the Digital Justice System and mandatory mediation? Answering these questions and many more, this is the only book to focus on mediation as opposed to other means of Online Dispute Resolution such as arbitration. This title: - Includes checklists and templates written by a mediator who has conducted over 280 digital mediations - Covers topics including smart systems, ‘smart settle’, the use of artificial intelligence, ChatGPT and mixed media mediations - Teaches mediators, advisers and clients the different skills and mindsets essential to success in the world of digital mediation - Shows how to market mediation online with practical guidance on websites, videos, blogs and podcasts - This book is essential reading for all mediators wishing to adapt to the new norm of digital mediation. This title is included in Bloomsbury Professional's Mediation online service.Table of Contents1. The Digital Justice System 2. What is digital mediation 3. What do we have now? 4. Mediation now v 2019 5. Marketing 6. Videos 7. Communicating online 8. Digital platforms 9. Agreements 10. Advantages of digital mediation 11. Disadvantages of digital mediation

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Book SynopsisePDF and ePUB available Open Access under CC-BY-NC-ND licence. Considered from a children's rights perspective, this book provides a critical socio-legal account of child-inclusive mediation (CIM) practice. It draws on interviews with relationship professionals, mediators, parents and children to consider the risks and benefits of CIM.

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Book SynopsisFrom Conflict Resolution to Peacebuilding will introduce the varied ways people address and resolve conflicts at all levels from the interpersonal to the international. It will breakdown how conflict affects our lives while showing readers how they can deal with conflict constructively as citizens and, in some cases, in their careers. Building up from foundational principles, this book will apply them to political conflicts throughout the world. Features Include: ·“Micro” and “macro” approaches to this multi-disciplinary field. ·Written in an engaging style by an author who spans academic and “on-the-ground” experience in peacebuilding. ·Provides a rich case base to illustrate core academic concepts. ·Enhanced e-book with video interviews embedded.Table of ContentsDedication Preface 1 - For the Student Preface 2 - For the Instructor Acknowledgments Part 1 Introduction Chapter 1 - Conflict is a Fact of Life. Peacebuilding is Not. Chapter 2 - Forks in the Road Chapter 3 - Seeing Conflict With New Eyes Part 2 Peacebuilding 1.0 Chapter 4 -Beyond Gloom and Doom 101 Chapter 5- Far From the Grownups Table Part 3 Peacebuilding 2.0 Chapter 6 - Identity and Intractable Conflict Chapter 7 - A Glimpse at the Grownups Table Part 4 Peacebuilding 3.0 Chapter 8 -Toward Positive Peace Chapter 9 - Toward the Grownups Table Part 5 Peacebuilding 4.0? Chapter 10- Next Gen Peacebuilding Chapter 11 - And That Leaves You

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Book SynopsisWhen politics, sex, race, religion, and other polarizing subjects come up in conversation among co-workers, what happens next? SHRM Chief Knowledge Officer Alexander Alonso, Ph.D., SHRM-SCP, explains why some topics are taboo while others are not then brings them to life with real-world conversations on taboo topics, such as politics, race, religion, sex and gender. Based on the extensive findings of the “2020 SHRM Survey of Politics and Polarizing Discussions in the Workplace”, Alonso looks into the future of Talking Taboo, delivers proven assessment and guidance tools, and wraps up by showing how to make taboo topics work in your workplace.

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Book SynopsisLearn how to deal with the peculiar problems of traditional bargaining through proven models and techniques that will help you to: Gain a better understanding of the dynamics of money negotiations; Identify the recurring problems presented in those cases Acquaint and arm yourself with new tools to handle those challenges; Build a model of the mediation process that will serve as a roadmap when traditional bargaining is unavoidable; and Assist the parties in traditional bargaining in a facilitative, rather than a directive way. The book also includes an appendix comprised of proposals and counter proposals made by Plaintiffs and Defendants in over one hundred court-ordered mediations in the superior courts in North Carolina. The charts provide the reader with a sense of the difficulty in settling a case through traditional bargaining, and the frequency of settlement even when the parties' initial positions are far apart and movement is slow to materialize.

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Book SynopsisPut Fear In Its Place On the night of October 1, 2017, Stephen Paddock smashed the windows out of his thirty-second-floor suite of the Mandalay Bay hotel and opened fire on a large crowd of concertgoers who were attending a country music festival on the Las Vegas strip. Fifty-eight people were killed, and over 450 were wounded in the deadliest mass shooting in United States History. This incident, and so many others like it, demonstrates the significance of having a plan to keep yourself safe in any environment and any situation. Hope in the Darkness features former LAPD police officer and security expert Dana Picore, Ph.D. and her 10-Point Threat Assessment Model, which will help you identify and evaluate potential security threats in both your workplace and social gatherings. You’ll learn what warning signs to look out for in employees— such as substance abuse, a history of violence, or mental illness—and you’ll understand when to call for professional assistance. Don’t be passive with the safety in any environment, especially your workplace. By taking action today, you can give your coworkers a secure working environment where they have nothing to fear.

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Book SynopsisThis 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

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Book SynopsisThe next crisis might be here now, or it might be around the corner. In The Prepared Leader: Emerge from Any Crisis More Resilient Than Before, two history-making experts in crisis leadership—James, dean of The Wharton School of the University of Pennsylvania, and Wooten, president of Simmons University—forcefully argue that the time to prepare is always. In no other time in recent history have leaders in every industry and on every continent grappled with so many changes that have independently and simultaneously undermined their ability to lead. The Prepared Leader encapsulates more than two decades of the authors’ research to convey how it has positioned them to navigate through the distinct challenges of today and tomorrow. Their insights have implications for every leader in every industry and every worker at every level. In their fast-reading and actionable book, James and Wooten provide tools and frameworks for addressing and learning from crises, and they provide insight into what you need to know to become a Prepared Leader, including: The five phases of crisis management and the skills you need for each phase. They examine how the National Basketball Association and its commissioner, Adam Silver, responded to the COVID-19 pandemic. Making the right decisions under pressure and how to avoid common mistakes. They reveal how Burger King CEO Jose Cil began planning for the aftermath of a crisis right in the middle of one. Building a crisis leadership team and how to lead one that you’ve inherited. They detail how Wonya Lucas, CEO and President of the Crown Media Family Networks, aligned and mobilized an executive team during a time of crisis. James and Wooten argue that—in addition to people, profit, and the planet—prepared leadership should be the fourth “P” in a company’s bottom line. They bring decades of world-renowned research on crisis leadership, diversity and inclusion, management strategy, and positive leadership to the table to help leaders better prepare themselves to lead through crises—and for whatever lies around the corner.Trade Review"Crisis management is often approached as damage control and risk assessment, but James and Wooten offer an optimistic alternative. The prepared leader, they argue, is one who can convert failures into lessons, resilience and growth opportunities." * Financial Times *"The Prepared Leader is a strong roadmap for how to lead during a crisis, filled with relatable, real-world examples. I found myself nodding my head and saying ‘yes’ while reading. The book also inspires us all and reminds us that with preparation, companies and their team members can emerge from challenging times stronger and more resilient than ever, and spawning a new phase of innovation." * Roz Brewer, Chief Executive Officer, Walgreens Boots Alliance *"Brilliant and fast-reading, The Prepared Leader, by Erika H. James and Lynn Perry Wooten, is a must-read for anyone who aspires to successfully navigate a major crisis—for the sake of their organization, their employees, and their customers. Their research supports what I’ve experienced leading a company in a time of crisis: developing the right skills, continuing to learn, and leveraging the power of a diverse and knowledgeable team are all essential aspects of becoming a Prepared Leader." * Ed Bastian, CEO, Delta Air Lines *"The Prepared Leader is a timely assessment of what it takes to be an effective leader in our hyper-connected world. In detailing how best to identify and plan for a crisis of any size, Erika H. James and Lynn Perry Wooten provide an informed strategy any executive can employ. However, by including thoughtful methods for learning from our challenges, James and Wooten ensure every reader can take away invaluable lessons to prepare us for an unknown future." * James Gorman, Chairman and CEO, Morgan Stanley *"By definition, the specifics of a crisis can’t be predicted. But the best leaders both anticipate areas where a crisis might emerge, and they prepare themselves and their teams to respond. The Prepared Leader, by Erika H. James and Lynn Perry Wooten, is an excellent playbook for doing both. The frameworks and processes they share are world-class." * Reggie Fils-Aime, Former President and COO of Nintendo of America, and Author, Disrupting the Game: From the Bronx to the Top of Nintendo *"The Prepared Leader was written for this moment—but it stems from years of research and the personal experience of two remarkable and pathbreaking leaders. Seizing on the premise that you can prepare for crises—after all, they are both inevitable and increasingly common—frees us to manage with greater capacity and control and to seize the unique opportunities revealed in the urgency of the moment. Wooten and James have written this book for all of us who lead organizations, teams, and enterprises in an exceedingly complicated world." * Judy Samuelson, Executive Director, Aspen Institute Business & Society Program *"This book is truly special and right on time. In their important new book, Erika H. James and Lynn Perry Wooten provide aspiring and established leaders with a roadmap for navigating competing crises such as racial injustice, political upheaval, economic instability, and pandemic recovery. For leaders of organizations fighting and advocating for societal change, The Prepared Leader is an essential read, revealing how we can shape better outcomes. This book is a must read." * Wes Moore, Bestselling Author and Former CEO, Robin Hood Foundation *"Erika James and Lynn Wooten have created a guidebook for those who know we need to be a Prepared Leader. You’ll learn how we humans are hardwired to prevent us from absorbing a threat. They explain how this realization is a critical step towards developing the mindset necessary to become the leader we want to be. We probably won’t know exactly what the next crisis will be, but we can be prepared. With real world examples of leaders who flourished in the crisis of COVID to those who failed spectacularly in the tectonic shift in racial justice, every chapter has something to teach us." * Karen Finerman, CEO & Co-founder, Metropolitan Capital Advisors *"Erika H. James and Lynn Perry Wooten present a practical and insightful tour through the critical elements of effective crisis management. Crises are inevitable but the key to leadership through one is building resilience before the crisis—feedback and learning loops are essential to prepare leaders for the serious challenges they must address. James and Wooten show that crises provide risks coupled with opportunities and that the leaders who thrive during crises are those who push themselves to learn thoroughly and rapidly and to seize on both wins and losses." * Ruth Porat, SVP & Chief Financial Officer, Alphabet and Google *"In my experience, crises are inevitable; the question is how you respond. In their well-researched and actionable new book, The Prepared Leader, Erika H. James and Lynn Perry Wooten share the stories of the companies that have successfully navigated crises and offer guidance to help organizations prepare for and manage through uncertain times and challenging moments." * Vikram Malhotra, Senior Partner, McKinsey & Company, and Chair, Wharton Graduate Executive Board *"Erika H. James and Lynn Perry Wooten’s The Prepared Leader is more than just a smart take on the lessons learned from the private sector during the COVID-19 pandemic. This book offers a wealth of insights and best practices that empower managers at any level to successfully navigate whatever crisis comes their way. A must-read for managing the unexpected in an ever more complex and interconnected world." * Alex Gorsky, Executive Chairman, Johnson & Johnson *"Dean James and President Wooten have penned an indisputable blueprint of how to successfully manage, leverage, and emerge victoriously from any global crisis. More importantly, they invite leaders to be deeply introspective to challenge themselves to an elevated level of leadership." * Carla Harris, Senior Client Advisor, Morgan Stanley, and Author, Lead to Win and Expect to Win *"Erika H. James and Lynn Perry Wooten have written a brilliant new book, The Prepared Leader. In it, they lay out a practical framework to help leaders build teams, manage through crises, and help their institutions emerge even stronger. I only wish the book had been available as we navigated the Great Financial Crisis!" * F. William (Bill) McNabb III, Former Chairman and CEO, Vanguard Group *"Combining extensive experience and evidence, this dynamic duo has created the road map you need to prepare for the unexpected." * Adam Grant, Wharton School professor and bestselling author, Think Again, “10 Books to Enrich Your Thinking” *

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Book SynopsisThe next crisis might be here now, or it might be around the corner. In The Prepared Leader: Emerge from Any Crisis More Resilient Than Before, two history-making experts in crisis leadership—James, dean of The Wharton School of the University of Pennsylvania, and Wooten, president of Simmons University—forcefully argue that the time to prepare is always. In no other time in recent history have leaders in every industry and on every continent grappled with so many changes that have independently and simultaneously undermined their ability to lead. The Prepared Leader encapsulates more than two decades of the authors’ research to convey how it has positioned them to navigate through the distinct challenges of today and tomorrow. Their insights have implications for every leader in every industry and every worker at every level. In their fast-reading and actionable book, James and Wooten provide tools and frameworks for addressing and learning from crises, and they provide insight into what you need to know to become a Prepared Leader, including: The five phases of crisis management and the skills you need for each phase. They examine how the National Basketball Association and its commissioner, Adam Silver, responded to the COVID-19 pandemic. Making the right decisions under pressure and how to avoid common mistakes. They reveal how Burger King CEO Jose Cil began planning for the aftermath of a crisis right in the middle of one. Building a crisis leadership team and how to lead one that you’ve inherited. They detail how Wonya Lucas, CEO and President of the Crown Media Family Networks, aligned and mobilized an executive team during a time of crisis. James and Wooten argue that—in addition to people, profit, and the planet—prepared leadership should be the fourth “P” in a company’s bottom line. They bring decades of world-renowned research on crisis leadership, diversity and inclusion, management strategy, and positive leadership to the table to help leaders better prepare themselves to lead through crises—and for whatever lies around the corner.Trade Review"Crisis management is often approached as damage control and risk assessment, but James and Wooten offer an optimistic alternative. The prepared leader, they argue, is one who can convert failures into lessons, resilience and growth opportunities." * Financial Times *"The Prepared Leader is a strong roadmap for how to lead during a crisis, filled with relatable, real-world examples. I found myself nodding my head and saying ‘yes’ while reading. The book also inspires us all and reminds us that with preparation, companies and their team members can emerge from challenging times stronger and more resilient than ever, and spawning a new phase of innovation." * Roz Brewer, Chief Executive Officer, Walgreens Boots Alliance *"Brilliant and fast-reading, The Prepared Leader, by Erika H. James and Lynn Perry Wooten, is a must-read for anyone who aspires to successfully navigate a major crisis—for the sake of their organization, their employees, and their customers. Their research supports what I’ve experienced leading a company in a time of crisis: developing the right skills, continuing to learn, and leveraging the power of a diverse and knowledgeable team are all essential aspects of becoming a Prepared Leader." * Ed Bastian, CEO, Delta Air Lines *"The Prepared Leader is a timely assessment of what it takes to be an effective leader in our hyper-connected world. In detailing how best to identify and plan for a crisis of any size, Erika H. James and Lynn Perry Wooten provide an informed strategy any executive can employ. However, by including thoughtful methods for learning from our challenges, James and Wooten ensure every reader can take away invaluable lessons to prepare us for an unknown future." * James Gorman, Chairman and CEO, Morgan Stanley *"By definition, the specifics of a crisis can’t be predicted. But the best leaders both anticipate areas where a crisis might emerge, and they prepare themselves and their teams to respond. The Prepared Leader, by Erika H. James and Lynn Perry Wooten, is an excellent playbook for doing both. The frameworks and processes they share are world-class." * Reggie Fils-Aime, Former President and COO of Nintendo of America, and Author, Disrupting the Game: From the Bronx to the Top of Nintendo *"The Prepared Leader was written for this moment—but it stems from years of research and the personal experience of two remarkable and pathbreaking leaders. Seizing on the premise that you can prepare for crises—after all, they are both inevitable and increasingly common—frees us to manage with greater capacity and control and to seize the unique opportunities revealed in the urgency of the moment. Wooten and James have written this book for all of us who lead organizations, teams, and enterprises in an exceedingly complicated world." * Judy Samuelson, Executive Director, Aspen Institute Business & Society Program *"This book is truly special and right on time. In their important new book, Erika H. James and Lynn Perry Wooten provide aspiring and established leaders with a roadmap for navigating competing crises such as racial injustice, political upheaval, economic instability, and pandemic recovery. For leaders of organizations fighting and advocating for societal change, The Prepared Leader is an essential read, revealing how we can shape better outcomes. This book is a must read." * Wes Moore, Bestselling Author and Former CEO, Robin Hood Foundation *"Erika James and Lynn Wooten have created a guidebook for those who know we need to be a Prepared Leader. You’ll learn how we humans are hardwired to prevent us from absorbing a threat. They explain how this realization is a critical step towards developing the mindset necessary to become the leader we want to be. We probably won’t know exactly what the next crisis will be, but we can be prepared. With real world examples of leaders who flourished in the crisis of COVID to those who failed spectacularly in the tectonic shift in racial justice, every chapter has something to teach us." * Karen Finerman, CEO & Co-founder, Metropolitan Capital Advisors *"Erika H. James and Lynn Perry Wooten present a practical and insightful tour through the critical elements of effective crisis management. Crises are inevitable but the key to leadership through one is building resilience before the crisis—feedback and learning loops are essential to prepare leaders for the serious challenges they must address. James and Wooten show that crises provide risks coupled with opportunities and that the leaders who thrive during crises are those who push themselves to learn thoroughly and rapidly and to seize on both wins and losses." * Ruth Porat, SVP & Chief Financial Officer, Alphabet and Google *"In my experience, crises are inevitable; the question is how you respond. In their well-researched and actionable new book, The Prepared Leader, Erika H. James and Lynn Perry Wooten share the stories of the companies that have successfully navigated crises and offer guidance to help organizations prepare for and manage through uncertain times and challenging moments." * Vikram Malhotra, Senior Partner, McKinsey & Company, and Chair, Wharton Graduate Executive Board *"Erika H. James and Lynn Perry Wooten’s The Prepared Leader is more than just a smart take on the lessons learned from the private sector during the COVID-19 pandemic. This book offers a wealth of insights and best practices that empower managers at any level to successfully navigate whatever crisis comes their way. A must-read for managing the unexpected in an ever more complex and interconnected world." * Alex Gorsky, Executive Chairman, Johnson & Johnson *"Dean James and President Wooten have penned an indisputable blueprint of how to successfully manage, leverage, and emerge victoriously from any global crisis. More importantly, they invite leaders to be deeply introspective to challenge themselves to an elevated level of leadership." * Carla Harris, Senior Client Advisor, Morgan Stanley, and Author, Lead to Win and Expect to Win *"Erika H. James and Lynn Perry Wooten have written a brilliant new book, The Prepared Leader. In it, they lay out a practical framework to help leaders build teams, manage through crises, and help their institutions emerge even stronger. I only wish the book had been available as we navigated the Great Financial Crisis!" * F. William (Bill) McNabb III, Former Chairman and CEO, Vanguard Group *"Combining extensive experience and evidence, this dynamic duo has created the road map you need to prepare for the unexpected." * Adam Grant, Wharton School professor and bestselling author, Think Again, “10 Books to Enrich Your Thinking” *

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Book SynopsisThe Choreography of Resolution will revolutionize how mediators handle conflict resolution. Learning how neuroscience is proving what dancers have known for centuries - this book explores the links between the physical, mental, and psychological factors that affect conflict. Examining the autobiographical and practice experiences with diverse cultural, historical and social realities highlights both challenges and breakthroughs in this burgeoning area. Comprehensive in review, this ground-breaking book investigates: - the role of movement in conflict dynamics, - exposes the limitations of omitting the body from the understandings of conflict, - explores the ethical dimensions of embodied approaches - proposes key strategies for conflict intervention Come take the journey through the body as the authors examine how a closed body leads to a closed mind and how movement and dance can positively alter conflict resolution.

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Book SynopsisSharing A Mediator's Powers: Effective Advocacy in Settlement is an invaluable guide for lawyers and mediators that explains how to harness mediator's techniques to maximize effectiveness in bargaining. Using examples from actual mediations, Golann offers specific suggestions about how to use mediators, and the process, to best effect. The theme of this book? Don't approach the mediation process passively. Instead, use it in an active way to achieve your bargaining goals.Trade Review"Wise, down-to-earth, clear, and elegant, this book lends insightful advice for lawyers and clients in mediation. But of course, Dwight Golann wrote it." -Marjorie Corman Aaron Professor of Practice, University of Cincinnati College of Law Former Executive Director, Harvard Program on Negotiation

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Book SynopsisLearn how to deal with difficult colleagues and clients.At the heart of dealing with difficult people is handling their--and your own--emotions. How do you stay calm in a tough conversation? How do you stay unruffled in the face of passive-aggressive comments? And how do you know if you're difficult to work with?This book explains the research behind our emotional response to awful colleagues and shows how to build the empathy and resilience to make those relationships more productive.Books in this series are based on the work of experts including: Daniel Goleman Tony Schwartz Nick Morgan Daniel Gilbert This collection of articles includes "To Resolve a Conflict, First Decide: Is It Hot or Cold?" by Mark Gerzon; "Taking the Stress Out of Stressful Conversations," by Holly Weeks; "The Secret to Dealing with Difficult People: It's About You," by Tony Schwartz; "How to Deal with a Mean Colleague," by Amy Gallo; "How To Deal with a Passive-Aggressive Colleague," by Amy Gallo; "How to Work with Someone Who's Always Stressed Out," by Rebecca Knight; "How to Manage Someone Who Thinks Everything Is Urgent," by Liz Kislik; and "Do You Hate Your Boss?" by Manfred F. R. Kets de Vries.HOW TO BE HUMAN AT WORK.The HBR Emotional Intelligence Series features smart, essential reading on the human side of professional life from the pages of Harvard Business Review. Each book in the series offers proven research showing how our emotions impact our work lives, practical advice for managing difficult people and situations, and inspiring essays on what it means to tend to our emotional well-being at work. Uplifting and practical, these books describe the social skills that are critical for ambitious professionals to master.

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Book SynopsisThis practical guide covers more than fifty key negotiation topics. It is the only book on negotiation that takes an array of crucial negotiation elements and makes them easy not only to read, but to use. All chapters share a standard format, so lawyers can find the essentials quickly. Subject matter experts from a variety of fields summarize the best and most recent research and theoretical advances in negotiation.

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Book SynopsisPraise for Military Discharge Upgrade Legal Practice Manual “This book represents in every way the intent of my 2014 PTSD memo instructing a review of less-than-honorable discharges. I hope it will help grow the field of discharge upgrade advocacy so all veterans with unjust or erroneous discharges will have their service to our country recognized. We owe every veteran nothing less.” —Chuck Hagel, Secretary of Defense (2013-2015), U.S. Senator (1997-2009), Vietnam Veteran “An Honorable Discharge is a point of great pride and achievement for every veteran and it must remain so. However, there are cases where a service member’s discharge does not recognize all the factors contributing to conduct, especially the effects of PTSD and other neurological and psychological issues. It is here that the Military Discharge Upgrade Legal Practice Manualprovides a major contribution. It presents a comprehensive and detailed explanation of all aspects of the discharge review process. It allows individuals and their counselors to understand their rights and the procedures necessary to reassess a discharge. The authors have made a valuable contribution to all who have served.” —Senator Jack Reed, Rhode Island, Chairman, Senate Armed Services Committee; US Army Veteran “This is one of the rare books that can change lives for much the better…. [T]he steps of action and detailed analysis provided here will assist hundreds of thousands of former service members barred from the vital assistance they need to heal and reintegrate into civilian society. Those who have served the country deserve no less.” —Martha Minow, 300th Anniversary University Professor, Harvard University The need for a comprehensive guide to discharge upgrade practice could not be more critical. A 2020 report found that hundreds of thousands of veterans have been, or are at risk of being, unjustly denied benefits because they have received less-than-honorable discharges. Many of these veterans have experienced trauma (including combat trauma and Military Sexual Trauma), mental health conditions or medical conditions (such as Post-Traumatic Stress and Traumatic Brain Injury), or discrimination (based on race, sex, or LGBTQ status) while in the military. The Manual covers fact investigation, legal research, and case strategy in advocating for discharge upgrades before military review boards. Each representation stage receives detailed attention, from initial intake to administrative proceedings to federal court review.

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Book SynopsisThis book teach you how to work with difficult litigants and overcome the hidden barriers that frustrate settlements. You will learn to: Mediate effectively between parties who refuse to talk with each other; Deal with insulting first offers, backward steps, and other adversarial tactics; Influence how parties assess their legal case; Add value and respond to hidden emotional obstacles; Apply specialized tactics to overcome impasses 65 linked video excerpts featuring leading mediators will take your understanding beyond the printed page, showing how to apply these techniques in actual cases.

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Book SynopsisAs our global population ages, conflicts and difficult conversations emerge. How will older adults decide who will make end-of-life health and financial decisions for them? When will dad need to move out of his home and into long-term care? We can’t have mom living with us anymore because it’s just too hard. Why are my children fighting over where I will live? Why is my son taking money from me? These are challenging scenarios that ever-increasing numbers of people are facing. Sometimes these difficulties are discussed in catastrophic terms:Untenable health-care costs Exhausted pension funds Crises in home-care and long-term housing And other concerns Certainly, there are some reasons to worry; however, the challenges facing older adults can be an opportunity for positive change. The Little Book of Restorative Justice for Older Adults is about providing safe and respectful processes to assist in resolving conflict and addressing abuse involving older adults, families, caregivers, and communities. Authors Julie Friesen and Wendy Meek explore ideas to help connect and support people, building on the strengths and capacities of older adults and their families, in order to strengthen communities. Restorative justice dialogues help older adults and their families talk constructively and safely to find ways to move forward together.

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Book SynopsisHow can we effectively address the threat of terrorism? What helps being about long-term security? What stops cycles of victimhood? What role can Restorative Justice play? This fully updated edition offers insightful answers.Following the staggering events of September 11, 2001, the Center for Justice and Peacebuilding at Eastern Mennoni

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Book SynopsisDiscover the police-youth dialogue (PYD) as a method to build trustworthiness, mend relationships, and heal historical harms between black youth and law enforcement. This timely book from the Justice and Peacebuilding series offers an explanation of the need for meaningful dialogue between law enforcement and black youth, a blueprint for implementing police-youth dialogues, best practices and examples, anecdotes and narratives from participants, different models and formats, potholes and limitations, and tangible tools and action steps for starting a police-youth dialogue program. Ultimately, the strategies and techniques used in effective police-youth dialogues can bring attention to issues of implicit bias and the impact of toxic stress on marginalized groups, ameliorate tensions between law enforcement officers and black youth, and build toward a model of community policing and restorative justice rather than punitive discipline and violence.The Little Book of Police-Youth Dialogue presents readers with relevant knowledge and research regarding trauma and race in the United States, strategies for creating a safe space of attentive listening and mediating genuine connections between police officers and black youth, and specific ways to take action in ameliorating police-youth tensions and promoting healing in their local communities.

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Book SynopsisThe four most popular restorative justice books in the Justice & Peacebuilding series—The Little Book of Restorative Justice: Revised and Updated, The Little Book of Victim Offender Conferencing, The Little Book of Family Group Conferences, and The Little Book of Circle Processes—in one affordable volume. And now with a new foreword from Howard Zehr, one of the founders of restorative justice!Restorative justice, with its emphasis on identifying the justice needs of everyone involved in a crime, is a worldwide movement of growing influence that is helping victims and communities heal while holding criminals accountable for their actions. This is not a soft-on-crime, feel-good philosophy, but rather a concrete effort to bring justice and healing to everyone involved in a crime. Circle processes draw from the Native American tradition of gathering in a circle to solve problems as a community. Peacemaking circles are used in neighborhoods, in schools, in the workplace, and in social services to support victims of all kinds, resolve behavior problems, and create positive climates.Each book is written by a scholar at the forefront of these movements, making this important reading for classrooms, community leaders, and anyone involved with conflict resolution.

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