Mediation for Estate Planners

Managing Family Conflict

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Author: Susan N. Gary

Publisher: American Bar Association

ISBN: 9781634255479

Category: Law

Page: 315

View: 3072

This is an important resource for attorneys and related professionals to help their clients in resolving - and avoiding - disputes that occur in the estate planning process. Written by a team of experienced attorneys and mediators, Mediation for Estate Planners provides the fundamental knowledge and basic tools employ mediation within an estate planning practice. It provides practice-proven guidance on recommending mediation to clients, either at the planning stage or soon after a dispute surfaces, so that families may be able to resolve disagreements before entrenched positions are established. The book considers all relevant issues involving the use of mediation in an estate planning practice, including drafting mediation clauses for estate planning documents; using mediation to resolve probate and trust disputes; addressing family business succession; guardianship and conservatorship issues; using mediation in hospital settings when families face difficult end of life decisions; working through disputes between trustees and beneficiaries; and more.

Charitable Gift Planning

A Practical Guide for the Estate Planner

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Author: N.A

Publisher: American Bar Association

ISBN: 9781590318782

Category: Law

Page: 846

View: 9349

When Congress passed the Pension Protection Act of 2006, they created what may be the most significant reform to charitable planning since the Tax Reform Act of 1969. This practice-focused book is now fully updated to explain the legislation's impact on all aspects of charitable planning. It provides clear and insightful explanations of all relevant tax law, financial considerations, and includes drafting guidelines, and forms to assist with clients' charitable giving needs as part of a comprehensive estate and financial plan. Includes drafting guides and sample forms on CD-ROM.

A Guide to International Estate Planning

Drafting, Compliance, and Administration Strategies

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Author: Leigh-Alexandra Basha

Publisher: N.A

ISBN: 9781627222679

Category: Law

Page: 828

View: 2358

With the explosive growth in international investments, more and more lawyers and financial advisors realize the acute need to properly address critical issues of international estate planning for their clients. Whether you are counseling a foreign national or an American citizen, whether your practice is in the U.S. or abroad, whether you want to develop a general expertise in the area or are confronted by these issues on a more frequent basis, this compendium is a necessary and practical resource to help you identify and navigate many of the complex planning and regulatory compliance issues, both legal and tax, involved in international estate planning. In addition to providing a complete overview of the basic principles and procedures of international asset management from addressing the conflict of laws issues that are central in determining which country s laws will govern the disposition of a donor or decedent s wealth to the basic transfer tax rules for nonresident aliens, U.S. citizens, and resident aliens A Guide to International Estate Planning teaches proven strategies, techniques, and practical applications to use for meeting your clients international estate planning needs. Twenty-two detailed chapters are written by trust and estate lawyers with significant experience in international issues. Their advice goes beyond simply highlighting issues in estate planning, emphasizing key issues as compliance, treaty, choice of law, and estate administration problems. This updated edition now includes chapters on FATF and anti-money laundering and offshore compliance, as well as chapters from several foreign jurisdictions to provide comparative insights on different topics."

The Lawyer's Retirement Planning Guide

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Author: Susan A. Berson

Publisher: American Bar Association

ISBN: 9781604427158

Category: Business & Economics

Page: 269

View: 3305

This practical book provides guidance on investing your money to produce sufficient funds for the lifestyle you want to lead, and then on managing your retirement withdrawals so that your money will last you a lifetime. You'll discover how you can combat inflation, plan for expenses, and protect against overall portfolio risks.

Handbook of Practical Planning for Art Collectors and Their Advisors

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Author: Ramsay H. Slugg

Publisher: Amer Bar Assn

ISBN: 9781627227254

Category: Law

Page: 144

View: 8621

Art is an asset of passion, yet it has unique and important financial characteristics, making it possibly the most difficult asset to incorporate into an overall estate and financial plan. Addressing the essential elements of art ownership--planning for the art s disposition and the practical considerations for collectors as they acquire and plan for how it will be handled this book presents a client-focused process for advising art collectors and the other professionals involved."

The Advisor's Guide to Disability Insurance

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Author: R. David Watros,Tami Barraclough,Erik T. Reynolds

Publisher: N.A

ISBN: 9781634255493

Category: Business & Economics

Page: 261

View: 356

It may not be the first thing that comes to mind, but disability insurance may represent the most important financial product that individuals need during their working years. The ability to generate an income from work is the foundation for all financial planning, allowing individuals to maintain their lifestyle as well as plan for future retirement. This comprehensive guide for attorney, financial professionals, and insurance agents provides an overview of disability insurance, as well as detailed information about individual long-term disability insurance, group long-term disability, underwriting, regulations, the advisor's role, and much more.

Mom Always Liked You Best

A Guide for Resolving Family Feuds, Inheritance Battles and Eldercare Crises

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Author: Rikk Larsen,Arline Kardasis,Crystal Thorpe,Blair Trippe

Publisher: N.A

ISBN: 9780615480886

Category: Family & Relationships

Page: 132

View: 3481

This book is a guide for families dealing with adult family conflict regarding eldercare issues including family property, estate planning, and inheritance issues. Intended to be a step-by-step guide and filled with many examples.

The Partnership Charter

How To Start Out Right With Your New Business Partnership (or Fix The One You're In)

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Author: David Gage

Publisher: Basic Books

ISBN: 9780786725267

Category: Business & Economics

Page: 272

View: 9311

In The Partnership Charter, psychologist and business mediation expert David Gage offers a comprehensive guide to the art of establishing and maintaining a business partnership. The centerpiece of his approach is the Partnership Charter, a document that clearly outlines the goals, expectations, responsibilities, and relationships of the principals. The charter identifies potential sources of conflict and how they will be resolved, while addressing such sensitive issues as personal styles, values, money, and power. Illustrating every principle through engaging stories drawn from Gage's front-line experience consulting to business partners, as well as interviews with the founding partners of such successful businesses as Progressive Insurance Company and Manpower, Inc., The Partnership Charter dispels common myths and presents a practical framework for launching, building, and sustaining a thriving business partnership.

The Mediation Handbook

Research, theory, and practice

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Author: Alexia Georgakopoulos

Publisher: Routledge

ISBN: 1317300696

Category: Business & Economics

Page: 414

View: 641

The Handbook of Mediation gathers leading experts across fields related to peace, justice, human rights, and conflict resolution to explore ways that mediation can be applied to a range of spectrums, including new age settings, relationships, organizations, institutions, communities, environmental conflicts, and intercultural and international conflicts. The text is informed by cogent theory, state-of-the-art research, and best practices to provide the reader with a well-rounded understanding of mediation practice in contemporary times. Based on four signature themes—contexts; skills and competencies; applications; and recommendations—the handbook provides theoretical, applicable, and practical insight into a variety of key approaches to mediation. Authors consider modern conflict on a local and global scale, emphasizing the importance of identifying effective strategies, foundations, and methods to shape the nature of a mediation mindfully and effectively. With a variety of interdisciplinary perspectives, the text complements the development of the reader’s competencies and understanding of mediation in order to contribute to the advancement of the mediation field. With a conversational tone that will welcome readers, this comprehensive book is essential reading for students and professionals wanting to learn a wide range of potential interventions for conflict.

Beyond the Wall of Resistance

Unconventional Strategies that Build Support for Change

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Author: Rick Maurer

Publisher: Bard Productions

ISBN: N.A

Category: Political Science

Page: 208

View: 4657

"Change dominates today's business landscape. All organizations - large or small, private, public, or nonprofitconstantly deal with resistance to change in the form of reorganizations, mergers, downsizing, and new technology. The success of the change and ultimately the organization's success often depend on how well managers can work with resistance." "Beyond the Wall of Resistance provides a fresh approach that shows why the conventional ways of dealing with resistance - using power, deal making, force of reason, ignoring it - actually increase opposition; tells frustrated managers at all levels how to transform the power of resistance into a positive force; gives practical strategies that build support for change; and includes assessment tools that encourage immediate application."--BOOK JACKET.Title Summary field provided by Blackwell North America, Inc. All Rights Reserved

Personal Conflict Management

Theory and Practice

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Author: Suzanne Mccorkle,Melanie Reese

Publisher: Routledge

ISBN: 1315453797

Category: Language Arts & Disciplines

Page: 344

View: 7439

Personal Conflict Management, 2nd edition details the common causes of conflict, showcases the theories that explain why conflict happens, presents strategies for managing conflict, and invites consideration of the risks of leaving conflict unsettled. This book also explores how gender, race, culture, generation, power, emotional intelligence, and trust affect how individuals perceive conflict and choose conflict tactics. Detailed attention is given to the role of listening and both competitive and cooperative negotiation tactics. Separate chapters explain how to deal with bullies and conflict via social media. The volume caps off its investigation of interpersonal conflict with chapters that: provide tools to analyze one’s conflicts and better choose strategic responses; examine the role of anger and apology during conflict; explore mediation technique; and evaluate how conflict occurs in different situations such as family, intimacy, work, and social media.

Resolving Disputes

Theory, Practice, and Law

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Author: Jay Folberg,Dwight Golann,Thomas J. Stipanowich,Lisa A. Kloppenberg

Publisher: Wolters Kluwer Law & Business

ISBN: 1454877294

Category: Law

Page: 912

View: 9895

Resolving Disputes: Theory, Practice, and Law, Third Edition, features a logical four-part organization that covers negotiation, mediation, arbitration, and hybrid approaches, which prepares law students to represent clients in all forms of alternative dispute resolution. Drawing on the authors decades of experience as teachers, neutrals, and ADR trainers, this casebook provides vivid examples presented from headline cases, literature, and the authors files. In addition, it offers excerpts from other leading authors so that diverse ideas are juxtaposed on major issues. The text integrates coverage of law, ethics, and practice and interesting notes, thoughtful problems and provocative questions throughout the text illustrate the role of the attorney, the perspective of the client and practical challenges. Key Features: Retains the same popular format as previous editions while incorporating user recommendations. Updated and new excerpts from leading experts presenting different views on challenging topics. Fresh notes and examples from actual cases. Additional coverage on causes of conflict, heuristics, the role of emotions, and decision science. A single chapter now contrasts commercial, no-caucus and transformative mediation techniques. Completely revised arbitration section, features interesting new material and engaging exercises. Presents practical information on drafting arbitration agreements, selecting arbitrators, and procedures. Recent legislative and judicial developments in arbitration law, award enforcement, and fairness issues. New treatment of hybrid ADR and dispute systems design. The purchase of this Kindle edition does not entitle you to receive 1-year FREE digital access to the corresponding Examples & Explanations in your course area. In order to receive access to the hypothetical questions complemented by detailed explanations found in the Examples & Explanations, you will need to purchase a new print casebook.

Challenging Conflict

Mediation Through Understanding

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Author: Gary J. Friedman,Jack Himmelstein

Publisher: Amer Bar Assn

ISBN: 9781604420524

Category: Law

Page: 305

View: 3570

This revolutionary book shows how mediators and lawyers can help parties to escape the way conflict has them trapped and to work together toward meaningful and lasting resolutions that deeply respect their humanity. Through the telling of ten riveting stories of real mediations in diverse settings, the principles and methodologies of this dynamic approach to conflict come alive. In so "Challenging conflict," the authors also challenge the conflict resolution field to reach for more. Book jacket.

Game Theory & the Transformation of Family Law

A New Bargaining Model for Attorneys and Mediators to Optimize Outcomes For

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Author: Kenneth H. Waldron,Allan Koritzinsky

Publisher: BookBaby

ISBN: 1936268957

Category: Law

Page: 245

View: 2291

In this groundbreaking book, principles derived from game theory are applied to family law, an arena often plagued by bitterness and what appears to be irrational behavior. The principles of game theory—the scientific study of how and why people make decisions—lends itself to the practice of family law in our traditional divorce system, one that often leads to rational but self-defeating, sometimes destructive decision-making. The authors propose a new approach lawyers and mediators can use to: improve success rates optimize outcomes for both parties decrease conflict divide property determine custody arrangements establish constructive coparenting relationships Revolutionize your understanding of family law. Learn how utilizing the mathematical principles of game theory can help you, as a legal professional, to create enhanced outcomes for your clientsenhanced outcomes for your clients, their families, processes between attorneys, and your business. The whole family, and especially the children, will benefit.

Contemporary Trusts and Estates

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Author: Susan N. Gary,Jerome Borison,Naomi R. Cahn,Paula A. Monopoli

Publisher: Wolters Kluwer Law & Business

ISBN: 145488343X

Category: Law

Page: 942

View: 5506

The third edition of Contemporary Trusts and Estates captures the rapid evolution of doctrine in trusts and estates law that has occurred over the past half-century in response to profound societal and demographic changes. Based on recent developments in legal education, this casebook integrates legal analysis, judgment and perspective, ethics, and practice skills. It focuses simultaneously on the theoretical foundations and practical applications of the material, teaching students by using traditional case analysis and, at the professor’s option, innovative exercises. Features: Newly designed, with Wills now presented before Trusts New problems, exercises and cases ¿ Post-Obergefell v. Hodges developments for same-sex families More material on decanting and the new Uniform Trust Decanting Act Inclusion of the Uniform Powers of Appointment Act Discussion of planning for digital assets Incorporation of 2016 ACTEC Commentary on the Model Rules

Essays on Mediation

Dealing with Disputes in the 21st Century

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Author: Ian Macduff

Publisher: Aspen Publishers

ISBN: 9789041183668

Category:

Page: 312

View: 2497

Essays on Mediation Edited by Ian Macduff Across a range of jurisdictions, in differing legal systems, mediation is achieving ever-greater institutional and statutory force, and what not long ago was a marginal technique for dispute resolution is becoming mainstream and orthodox. But how firm a sense do we have about the social formation we call 'mediation'? Through reflections and case histories, this distinctive collection of essays by experienced mediators from across the globe provides a clearer understanding than we have had heretofore of what mediation is and what it can offer as a practical, accessible and positive alternative in civil justice systems. The authors each address ways mediation has been or can be applied to dispute resolution in such pressing contexts as the following: enduring and intense conflicts; planning and environmental issues; conflicts arising between refugee and 'host' communities; elder care; intercultural settings; online communication; science-based disputes; and public policy disputes. The questions raised as to access to justice, identifying unmet needs, improving the provision of services, and fostering an ongoing conversation on mediation go well beyond the confines of commercial dispute resolution and the walls of courtrooms. Through the practical experiences described, useful and insightful perspectives emerge on the practice, principles and legitimacy of mediation. These invaluable reports and reflections on the powerful resources that mediation and mediators can bring to the table will be welcomed by a diversity of legal practitioners and jurists as well as academics.

Land in Conflict

Managing and Resolving Land Use Disputes

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Author: Sean Nolon,Ona Ferguson,Patrick Field

Publisher: Lincoln Inst of Land Policy

ISBN: 9781558442467

Category: Political Science

Page: 188

View: 7501

With years of professional experience and more than a decade of research sponsored by the Lincoln Institute of Land Policy, the authors, all associated with the Consensus Building Institute, have found that the mutual gains approach is a better way to manage the most challenging land use disputes. This approach is guided by core principles, follows a set of clear action steps, and is useful at different stages of land use decision making. It is different from, though not incompatible with, the required land use procedures. It is not a single process or technique; it draws from the fields of negotiation, consensus building, collaborative problem solving, alternative dispute resolution, public participation, and public administration. The result is a more public, collaborative process designed to tease out the range of interests and criteria, compare various alternatives, and determine which alternatives meet the most interests. Case studies from across the United States and Canada illustrate the principles and steps in the mutual gains approach.

The Mediation Process

Practical Strategies for Resolving Conflict

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Author: Christopher W. Moore

Publisher: John Wiley & Sons

ISBN: 1118421523

Category: Law

Page: 704

View: 4826

The Fourth Edition of a seminal work in the field of mediation and conflict resolution For almost thirty years, conflict resolution practitioners, faculty, and students have depended on The Mediation Process as the all-inclusive guide to the discipline. The most comprehensive book written on mediation, this text is perfect for new and experienced conflict managers working in any area of dispute resolution—family, community, employment, business, environmental, public policy multicultural, or international. This is the expert's guide, and the Fourth Edition has been expanded and revised to keep pace with developments in the field. It includes new resources that will promote excellence in mediation and help disputants reach durable agreements and enhance their working relationships. Includes expanded information on the latest approaches for providing mediation assistance Features comprehensive guidelines for selecting the right strategy for both common and unique problems Utilizes updated, contemporary case studies of all types of disputes Offers expanded coverage of the growing field and practice of intercultural and international mediation