Book Description
The award-winning first edition of The Promise of Mediation, published ten years ago, is a landmark classic that changed the field's understanding of the theory and practice of conflict intervention. That volume first articulated the "transformative model" of mediation, which greatly humanized the vision of how the mediation process could help parties in conflict. In the past decade, the transformative model has proved itself and gained increasing acceptance. It is now being used in such diverse arenas as workplace, community, family, organizational, and public policy conflicts, among others.
In this new edition, the authors draw on a decade of work in theory development, training, practice, research, and assessment to present a thoroughly revised and updated account of the transformative model of mediation and its practical application, including
- a compelling description of how the field has moved toward increasing acceptance of the transformative model
- a new and clearer presentation of the theory and practices of transformative mediation, with many concrete examples
- a new case study that provides a vivid picture of the model in practice, with a commentary full of new information about how to use it effectively
- clarifications of common misconceptions about the model
- a vision for the future that shows how the model can coexist with other approaches and where the "market" for transformative mediation is emerging
This volume is a foundational resource on transformative practice, for both readers of the first edition and new readers - including mediators, facilitators, lawyers, administrators, human resource professionals, policymakers, and conflict resolution researchers and educators. More generally, this book will strike a chord with anyone interested in humanizing our social institutions and building on a relational vision of society.
Customer Reviews:
Valuable New information for Mediators.......2005-05-11
This newly revised edition of The Promise of Mediation offers a wealth of new information on the priniciples of transformative conflict intervention. Many readers may not be aware that the revised edition actually contains almost entirely new material, reflecting new understandings of transformative mediation that have developed since the publication of the first edition. Bush and Folger offer new specifics for practice in the transformative framework of mediation through a carefully analyzed case study, in which we can see details of the "small steps" of conflict transformation. They also discuss the impact that the transformative movement has had on the field as a whole, and debunk some common misconceptions about the transformative framework. I have especially enjoyed the last chapter, which addresses, more completely than anything in the first edition, the deep underlying values that have led to the articulation of a transformative vision for mediation, and looks at possibilities for the future of the field.
This is definitely a book I would recommend to anyone interested in mediation, conflict, or just the interaction of human beings.
A Huge Step Forward in the Art and Science of Mediation.......2004-11-17
I'm grateful to the authors for the significant advance in mediation thinking that this book represents. This new edition has the potential to move the entire field toward a deeper, more powerful understanding. With the original edition, and again with this one, Bush and Folger have provided great clarity to a topic that, until now, has been muddled. While other mediators and writers succumb to the pressures of conflict and become part of the problem, these authors instruct us on how to remain true to the most important principles that lead to deep healing of human conflict. If I had the need, I would only hire a mediator who had read, studied, understood and embraced this book.
Customer Reviews:
Law and Promise.......2007-01-04
At first read, this is a powerful and interesting book. I've only recently begun exploring the writers of this genre (more experience with eastern thought), and I specifically began with Neville and Joel Goldsmith. I have to say that I believe Mr. Goldsmith's work reflects perhaps a higher level of spiritual aspiration and awakening, whereas Neville appears to focus more on manipulating the physical realm. Don't get me wrong, it's strong stuff...but still a bit of ego gratification muddying the water maybe. Of course that's just my take today.
Good and similar to other Neville books.......2006-11-04
This book is worth the read, Neville spends most of the book illustrating his technique of "think from the end" (using your imagination). Neville teaches the reader to use their imagination to create their own reality and life experience. It is a very positive and uplifting book. The book contains many stories from different people who have used his methods to accomplish their goals. In this way the book brings the awakened imagination mode of living to life.
If you have read other Neville books it will seem repetitious, but still an interesting read.
Two better Neville books are "The Power of Awareness" and "Awakened Imagination/The Search".
The Key to Moving Mountains.......2006-06-18
I had not known of Neville before I found him mentioned in Gregg Braden's new book, "The Lost Mode of Prayer." I'm glad my curiosity led me to Neville.
"The Law and The Promise" is an unassuming easy read. Filled with examples from the lives of real people, it shows the way to "move mountains," one of Jesus' teachings that had always puzzled me.
Read it with an open mind. Read it with an open heart. And when you decide to put into the Law into action, be sure to keep a journal of what you have imagined. Results can come so quickly that, without a journal or diary, you may not be able to see the connection between the Law and the Outcomes.
This book won't go into my library but will stay in my stack of "read these now" books for periodic review. It's that good.
Phyllis Staff, Ph.D.
author:
"How to Find Great Senior Housing," and
"128 Ways to Prevent Alzheimer's and Other Dementias"
Excellent.......2005-08-23
I think this book is excellent in showing us the power of imagination. We often forget about imagination as we get older and/or get too busy. This is a great book, I highly recommend it with Ask and It Is Given.
The Best Books ever written about Manifestation.......2004-03-27
I "accidentally" stumbled across Neville and his writings about 8 years ago. Since that time, I have had many changes and "miracles" in my life which I can only attribute to Neville and his technique. This book, THE LAW AND THE PROMISE is full of actual stories from people who used the simple technique to make their "impossible" dreams come true. Neville states "there is no fiction" and having put the techniques in this book to test in my own life, I can say with absolute certainty this is true. There are many other books written about creative visualization and manifestation but Neville is by far the best! I have passed this book on to friends and clients in hopes that they too will achieve their dreams.
Book Description
The company is under-performing, its share price is trailing, and the CEO gets...a multi-million-dollar raise. This story is familiar, for good reason: as this book clearly demonstrates, structural flaws in corporate governance have produced widespread distortions in executive pay. Pay without Performance presents a disconcerting portrait of managers' influence over their own pay--and of a governance system that must fundamentally change if firms are to be managed in the interest of shareholders.
Lucian Bebchuk and Jesse Fried demonstrate that corporate boards have persistently failed to negotiate at arm's length with the executives they are meant to oversee. They give a richly detailed account of how pay practices--from option plans to retirement benefits--have decoupled compensation from performance and have camouflaged both the amount and performance-insensitivity of pay. Executives' unwonted influence over their compensation has hurt shareholders by increasing pay levels and, even more importantly, by leading to practices that dilute and distort managers' incentives.
This book identifies basic problems with our current reliance on boards as guardians of shareholder interests. And the solution, the authors argue, is not merely to make these boards more independent of executives as recent reforms attempt to do. Rather, boards should also be made more dependent on shareholders by eliminating the arrangements that entrench directors and insulate them from their shareholders. A powerful critique of executive compensation and corporate governance, Pay without Performance points the way to restoring corporate integrity and improving corporate performance.
Customer Reviews:
Author an academic and not experienced in actual day to day compensation matters.......2007-09-24
Jesse Fried is a corporate compensation grandstander who seems to show up at every scandal (recently the backdating scandal). Unfortunately it is obvious he has no "real world" management experience!
On Mr. Frieds allegation that stock option expenses are "hidden" by CEOs, corporate types in order to increase their bonus targets:
- CEO compensation (bonus targets etc) are almost NEVER based on non cash expenses, such as stock options expenses. Bonus targets are typically cash flow based only (meaning it doesn't matter to CEO bonus targets if stock options expenses are high or not) and anyone writing a book on executive compensation should KNOW THIS!
On Mr. Frieds allegation that the only possible reason for stock option backdating (without expensing) is to HIDE expenses to the company, presumably to increase the mysterious "bonus targets" above:
- Stock option backdating is used to give a hiring bonus that is only redeemable in 4 years and only if the company continues to perform (reflected in the stock price). The "locked in" and vesting aspects of stock options backdating are the reason they are used, resulting in significant value to company that cash hiring bonuses do not provide. These are not used to hide expenses and anyone who had ever seen these used in a real world setting would know this.
In my opinion, Mr. Fried needs to hire a management consultant who has actually PERFORMED AS A MANAGER before he writes anymore assessments on the state of executive pay.
This Fascinating Read Will Leave You Thinking ..........2006-08-08
Other reviewers have made many excellent points. I'll try to avoid duplicating their comments here...
- This book is written by two law school professors. They carefully and precisely make their case. Even as they make their points, they consider possible counter-arguments, and then cite further evidence to answer these objections. They clearly and methodically make their case.
- They start from a somewhat unique set of premises.
--> Whereas many critiques of executive compensation approach the large amounts as an egregious breach of egalitarian values, the authors are indifferent about the size of exec compensation.
--> On the flip side, while many would excuse large compensation packages as necessary to obtain top talent in a tight market, the authors come from a perspective of "if shareholders, as the *owners* of the company, can pay a lot for exec talent, but not get good returns, what's wrong with the market for executive talent?" This book challenges long held assumptions price always equals quality when shopping for top management talent.
- For a book that cites hard economic facts as often as they do, it also does a great job of analyzing the human element of this market to provide insights that seem missing in public debate about executive pay.
- Even as someone who is an outsider both to corporate governance and executive compenation, I found this book accessible and an enjoyable read. As a shareholder of a number of companies, I intend to take opportunities to reform this clearly corrupt system.
Highly recommend this book for everyone who owns shares in a publicly traded company, or works for one.
Fantastic Resource on Corporate Culture Run Amok.......2006-06-20
Superb exposé on the appalling lack of ethical fortitude amongst our country's business elite--namely the chief executives, their officers, and sadly those given the responsibility for representing the shareholders' interests, the directors. The adage "no one looks after your money like you do" is well-remembered by the reader of "Pay without Performance."
Primarily due to a phenomenon know as "interlocking" executives cross-pollinate their respective boards with a surprisingly shallow gene pool leaving the ordinary shareholder hardly independently represented at all.
Bebchuk and Fried do well by illustrating the mockery known as "independent compensation committees" when these committees are typically hired under the corporation's own HR department usually by CEO referral. Tough to place credence in any recommendation so biased from the outset!
Now only two years after the publication of this book, and several studies cited therein, the SEC has launched a sweeping probe into options timing--in particular boards who allowed their executives to cherry-pick the grant dates of options to take advantage of inside information to profit at the expense of shareholders at large. Criminal, yet condoned by far too many corporate "leaders."
Ultimately the question arises--Is the solution for shareholders to vote via increased legislation or with their wallet by only investing in corporations fully aligned with their interests? The authors make an excellent case for instituting a performance-based compensation system as well as supporting the role of making directors truly independent and not pawns of the CEO. Fantastic resource on corporate culture run amok--the elusive 5 Stars!
Excellent. The authors deliver a strong performance........2005-05-09
This is an excellent book. The authors have done extensive research from both a legal and economic standpoint to support their hypothesis that companies with better Board governance, more accountable CEOs, better structured CEO compensation packages perform much better than the others. They show better operating performance resulting in superior shareholder value creation over the long term.
Their diagnostic of what ales executive compensations are so well grounded they have become common knowledge for any readers of the financial press over the past couple of decades. Compensation of CEOs and other top officers has become insane. The structure of equity compensation has become so tilted in the CEOs favor that as the authors indicate they really don't have to perform. If they perform poorly they make a boatload of money. If their performance is about average they make an astronomical amount of money. What kind of pay-for-performance is this?
Other reviewers have had surprisingly strong reactions to the authors' proposals to redress the effectiveness of executive compensation. I found that surprising given that the authors' proposals are not that radical to begin with. They boil down to restructuring equity compensation so they reflect targets and vesting periods that make economic sense and align the economic interest of the executive with the long-term interest of shareholders. Their proposals also entails a massive shift of power from entrenched Board members plagued with serious conflict of interest to the shareholders of the companies who are the ones bearing the full brunt of the equity risk. In the days of the Enron, Tyco International, Arthur Andersen recent scandals, I find the authors recommendations rather sound. I do think a shift from Board to shareholder power would do a good deal to restore the integrity of certain executives, the transparency and the quality of accounting and financial disclosure.
Thus, I really think you will enjoy and learn a lot from this book. In a similar fashion, if you want to educate yourself regarding how movie stars are paid, and why just like CEOs they may be grossly overpaid I strongly recommend the recently released book "The Big Picture" by Edward Jay Epstein. This is another fascinating point that touches on the sensitive topic of a privilege group that earns a staggering amount of money hardly justifiable on any grounds.
Great analysis; flawed reform proposals.......2004-12-25
I have been reading Pay Without Performance: The Unfulfilled Promise of Executive Compensation by (Harvard law professor) Lucian Bebchuk and (Boalt law prof) Jesse Fried. Bebchuk and Fried take issue with the standard academic account of executive compensation, which goes something like this: Executive compensation is a classic agency cost problem. Although CEOs and other executives are agents of the corporation and its shareholders, they have incentives to shirk. Indeed, they have incentives to behave opportunistically - i.e., to maximize their own wealth and perks at the expense of their shareholder principals. Accordingly, executive compensation schemes must be designed in ways that constrain shirking and opportunism; in other words, executive compensation schemes should strive to align executives' interests with those of the shareholders. In the literature, this usually leads to a recommendation of some sort of performance-based pay scheme, typically entailing the use of stock options.
Bebchuk and Fried do a good job of explaining why executive compensation schemes fail adequately to align managerial and shareholder interests. In brief, they make the very sensible point that managerial influence over the board of directors taints the process by which executive compensation is set. In other words, the system by which agency costs are to be checked is itself tainted by an agency cost problem.
I get off the boat, however, when it comes to the solution. Bebchuk and Fried want to displace the time-tested corporate governance system of director primacy with an untested new system based on shareholder primacy. As regular readers of my academic work know, this is anathema in my book. (I'm writing a review of their book for the Texas Law Review, which will focus on this point, and which should be available on www.ssrn.com in a month or two.)
Having said that, however, Bebchuk and Fried are to be praised for having written a book that makes highly technical doctrinal and economic analysis accessible to the educated lay reader, while not dumbing down some very sophisticated analysis. As a result, the book remains useful to the specialist as well. It is definitely a book that anyone interested in corporate governance and executive compensation ought to own.
Book Description
In recent years, the world community has demonstrated a renewed commitment to the pursuit of international criminal justice. In 1993, the United Nations established two ad hoc international tribunals to try those responsible for genocide and crimes against humanity in the former Yugoslavia and Rwanda. Ten years later, the International Criminal Court began its operations and is developing prosecutions in its first two cases (Congo and Uganda). Meanwhile, national and hybrid war crimes tribunals have been established in Sierra Leone, Kosovo, Serbia and Montenegro, Croatia, Bosnia and Herzegovina, East Timor, Indonesia, Iraq, and Cambodia.
Thousands of people have given testimony before these courts. Most have witnessed war crimes, including mass killings, torture, rape, inhumane imprisonment, forced expulsion, and the destruction of homes and villages. For many, testifying in a war crimes trial requires great courage, especially as they are well aware that war criminals still walk the streets of their villages and towns. Yet despite these risks, little attention has been paid to the fate of witnesses of mass atrocity. Nor do we know much about their experiences testifying before an international tribunal or the effect of such testimony on their return to their postwar communities. The first study of victims and witnesses who have testified before an international war crimes tribunal,The Witnesses examines the opinions and attitudes of eighty-seven individuals--Bosnians, Muslims, Serbs, and Croats--who have appeared before the International Criminal Tribunal for the former Yugoslavia.
Book Description
Listen to a short interview with Risa Goluboff
Host: Chris Gondek | Producer: Heron & Crane
In this groundbreaking book, Risa L. Goluboff offers a provocative new account of the history of American civil rights law. The Supreme Court's decision in Brown v. Board of Education has long dominated that history. Since 1954, generations of judges, lawyers, and ordinary people have viewed civil rights as a project of breaking down formal legal barriers to integration, especially in the context of public education. Goluboff recovers a world before Brown, a world in which civil rights was legally, conceptually, and constitutionally up for grabs. Then, the petitions of black agricultural workers in the American South and industrial workers across the nation called for a civil rights law that would redress economic as well as legal inequalities. Lawyers in the new Civil Rights Section of the Department of Justice and in the NAACP took the workers' cases and viewed them as crucial to attacking Jim Crow. By the time NAACP lawyers set out on the path to Brown, however, they had eliminated workers' economic concerns from their litigation agenda. When the lawyers succeeded in Brown, they simultaneously marginalized the host of other harms--economic inequality chief among them--that afflicted the majority of African Americans during the mid-twentieth century. By uncovering the lost challenges workers and their lawyers launched against Jim Crow in the 1940s, Goluboff shows how Brown only partially fulfilled the promise of civil rights.
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Promise Unfulfilled: Unions, Immigration, and the Farm Workers (ILR Press Books)
Philip L. Martin
Manufacturer: ILR Press
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The Fight in the Fields: Cesar Chavez and the Farmworkers Movement
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Introductory Econometrics with Applications
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The Omnivore's Dilemma: A Natural History of Four Meals
ASIN: 0801488753 |
Book Description
In 1975, after vigorous campaigning by the United Farm Workers union, the state of California passed Agricultural Labor Relations Act (ALRA), a pioneering self-help strategy granting farm workers the right to organize into unions. A quarter century later, only a tiny percentage of farm workers in the state belong to unions, and wages remain less than half of those of nonfarm employees. Why did the ALRA fail? One of the nation's foremost authorities on farm workers here explores the reasons behind its unfulfilled promise.
Philip L. Martin examines the key features of the farm labor market in California, including the shifting ethnicity of the worker pool and the evolution of the major unions, beginning with the Wobblies. Finally, he reviews the impact of immigration on agriculture in the state.
Today, many states look to the California experience to assess whether the ALRA can serve as a model for their own farm labor relations laws. In Martin's view, California's efforts to grant rights to farm workers so that they can help themselves have failed because of continued unauthorized migration and the changing structure of farm employment. Martin argues that alternative policies would make farming profitable, raise farm worker wages, and still keep groceries affordable.
Book Description
Environmental conflict resolution (ECR) is a process of negotiation that allows stakeholders in a dispute to reach a mutually satisfactory agreement on their own terms. The tools of ECR, such as facilitation, mediation, and conflict assessment, suggest that it fits well with other ideas for reforming environmental policy. First used in 1974, ECR has been an official part of policymaking since the mid 1990s. The Promise and Performance of Environmental Conflict Resolution is the first book to systematically evaluate the results of these efforts.
The Promise and Performance of Environmental Conflict Resolution presents empirical research along with insights from some of ECR's most experienced practitioners. Beginning with a primer about concepts and methods, the book describes the kinds of disputes where ECR has been applied, making it clear that "despite the faith of proponents in the power and usefulness of ECR, it is not applicable to all environmental conflicts."The contributions that follow critically investigate the record and potential of ECR, drawing on perspectives from political science, public administration, regional planning, philosophy, psychology, anthropology, and law.
ECR is being extended to almost every area of environmental policy. Rosemary O'Leary and Lisa Bingham argue that truly effective use of ECR requires something more than advocacy. The Promise and Performance of Environmental Conflict Resolution provides scholars, policymakers, students, and practitioners with critical assessments, so that ECR can be used to its best advantage.
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Promises, Morals, and Law
P. S. Atiyah
Manufacturer: Oxford University Press, USA
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ASIN: 0198254792 |
Book Description
This book displays the underlying structure of a complex body of law and integrates that structure with moral principles.
Charles Fried grounds the basic legal institution of contract in the morality of promise, under which individuals incur obligations freely by invoking each other's trust. Contract law and the promise principle are contrasted to the socially imposed obligations of compensation, restitution, and sharing, which determine the other basic institutions of private law, and which come into control where the parties have not succeeded in invoking the promise principle--as in the case of mistake or impossibility. Professor Fried illustrates his argument with a wide range of concrete examples; and opposing views of contract law are discussed in detail, particularly in connection with the doctrines of good faith, duress, and unconscionability.
For law students and legal scholars, Contract as Promise offers a coherent survey of an important legal concept. For philosophers and social scientists, the book is a unique demonstration of the practical and detailed entailments of moral theory.
Customer Reviews:
The moral foundations of contract law.......2001-05-16
In this excellent treatise, Harvard Law professor Charles Fried argues that the law of contract is founded on a few simple moral principles governing the practice of promise-making and promise-keeping. Dealing by turns with the formation of contracts, the importance of "consideration," the appropriateness of damages in case of breach, the problems of e.g. duress and unconscionability (and the special difficulties they pose for his account), and a variety of other topics that will be familiar to legal scholars and law students alike, Fried briefly, economically, and effectively rationalizes contract law on this unabashedly moral foundation.
In this he is going against the tide and harking back to the "classical" understanding of contract law. But he is not uncritical of that tradition and is quite willing to lambaste it when necessary -- as with, for example, the traditional unwillingness to award damages for certain cases of fraud on the misguided argument that no contract had actually been formed in such cases. (On this point he holds -- in my view quite rightly -- that traditional thinkers were "supremely guilty" of a tremendous nonsequitur.)
On the contrary, he is keenly aware both that contract law is a bulwark of liberty in allowing us to order our own affairs, _and_ that contractual obligations are not the only obligations there are -- indeed that contractual obligation itself cannot get off the ground unless we have a prior, unchosen moral obligation to abide by our promises. In this respect he is a breath of fresh air compared with certain pseudo-libertarian writers and pop-culture icons who reduce all moral obligations to those voluntarily assumed by contract (and I am thinking here specifically of Ayn Rand, among others). Fried is both a true philosopher and a genuine liberal in the classical sense of the term.
I concur with the other reviewer's recommendation of this eminently readable little book to One-Ls. Fried is in general very powerful on the importance of philosophy to law, and here he is at his strongest in arguing for the importance of moral philosophy to contract law.
I also recommend it to the libertarian and classical-liberal readership as a fine example of real philosophy of law.
Should be Required Reading for First Year Law Students.......2001-02-09
Professor Fried (former U.S. Solicitor General) is quite possibly the most erudite professor at Harvard Law School. His precision and exacting analysis shine through in his treatment of what some see as a dying academic field, the Law of Contracts. His perspective on the "classic" cases and extensive treatment of the major doctrinal elements of contract is absolutely refreshing and surprisingly controversial. Controversial because he dares to state, contra critical and deconstructionist theory, that the law does and should contain an overtly moral component.
In short, he argues that private contracts derive their legal force from essentially, what our parents taught us as children. That is, that it is morally wrong to break one's word and worse yet, to lie. If you are looking for a break from the typical law school fare or are just curious about what a different perspective looks like, you cannot go wrong with Professor Fried.
Recommend for Law Students;* Mary Ann Glendon - Rights Talk * C.S. Lewis - The Abolition of Man * Peter Kreeft - The Unaborted Socrates (for a wonderful example of the Socratic Method)
Book Description
The Endangered Species Act at Thirty is a comprehensive, multidisciplinary review of issues surrounding the Endangered Species Act, with a specific focus on the act's actual implementation record over the past thirty years. The result of a unique, multi-year collaboration among stakeholder groups from across the political spectrum, the two volumes offer a dispassionate consideration of a highly polarized topic.
Renewing the Conservation Promise, Volume 1, puts the reader in a better position to make informed decisions about future directions in biodiversity conservation by elevating the policy debate from its current state of divisive polemics to a more-constructive analysis. It helps the reader understand how the Endangered Species Act has been implemented, the consequences of that implementation, and how the act could be changed to better serve the needs of both the species it is designed to protect and the people who must live within its mandates. Volume 2, which examines philosophical, biological, and economic dimensions of the act in greater detail, will be published in 2006.
As debate over reforming the Endangered Species Act heats up in the coming months, these two books will be essential references for policy analysts and lawmakers; professionals involved with environmental law, science, or management; and academic researchers and students concerned with environmental law, policy, management, or science.
Books:
- The Qur'an Translation
- The Sabbath
- The Sacred Tree
- The Secret Power of Speaking God's Word (Meyer, Joyce)
- The Sparrow
- The Spirit Catches You and You Fall Down
- The Spontaneous Fulfillment of Desire: Harnessing the Infinite Power of Coincidence
- The Twilight of the Idols and The Anti-Christ: or How to Philosophize with a Hammer (Penguin Classics)
- The Upanishads
- The Way of a Pilgrim
Books Index
Books Home
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- Institutes of the Christian Religion
- Principles of Radiographic Imaging: An Art and a Science
- Moon Canadian Rockies: Including Banff and Jasper National Parks
- Model Tax Convention on Income and Capital: Condensed Version 2000
- Making It!: Wealth-Building Secrets from Two Great Entrepreneurial Minds
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The Mediation Process: Practical Strategies for Resolving Conflict
Narrative Mediation : A New Approach to Conflict Resolution
Mediator's Handbook
Basic Skills for the New Mediator, Second Edition
Mediation Career Guide: A Strategic Approach to Building a Successful Practice
