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Mediation: The Roles of Advocate and Neutral, Fourth Edition

  • Dwight Golann
  • Jay Folberg
Series / Aspen Casebook Series
Teaching Materials
Table of contents

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Mediation: The Roles of Advocate and Neutral, Fourth Edition, integrates mediation skills and strategies with theory, ethics, and practice applications to teach students about legal mediation and how to represent clients effectively in the process. This book reflects the experience of its authors, who are both professors and practicing legal mediators with decades of experience teaching and resolving cases. Itincludes all the coverage of mediation found in Resolving Disputes, the survey text, as well as material on negotiation and hybrid processes and additional coverage of mediation.

Most important, this book has become a fully video-integrated text. As they read students are referred to 65 unique video excerpts, embedded in the text and instantly accessible, which show leading mediators applying specific techniques and strategies to overcome barriers to settlement.

New to the Fourth Edition

  • Video: Unique and diverse video excerpts, created expressly for this book and embedded in the text, featuring mediators from the U.S. and around the world.
  • Virtual mediation: Analysis of the special aspects of mediating via Zoom, based on the experiences of professional mediators.
  • Grief and loss: New material probing deeply into the psychology of loss and how it affects settlement decisions.
  • ODR: New readings on online mediation.
  • International: Perspectives and video of international practitioners, based on the authors’ experience training mediators on five continents.

Professors and student will benefit from:

  • Concise content that supports an active experiential class, without sacrificing the deeper knowledge expected in a law school course.
  • An informal writing style that presents actual case examples, practical advice, and thought-provoking questions written for students who will soon become lawyers, representing clients in mediating disputes.
  • A practice-based approach that helps students apply concepts, including realistic roleplays that facilitate classroom discussion.
  • Examples of lawyers taking on roles as informal mediators, giving students models of how to apply mediative skills immediately in their practice.
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Fourth Edition
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Connected eBook + Paperback
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Dispute Resolution , Mediation
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