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Mediation: Practice, Policy, and Ethics, Third Edition

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Authors
  • Carrie J. Menkel-Meadow
  • Lela Porter Love
  • Andrea Kupfer Schneider
Series / Aspen Casebook Series
BOOKMARK
Book length
568 pages
Publication Date
2020-02-02
Edition
Third Edition
Teaching Materials
NO
Description
Table of contents

Buy a new version of this textbook and receive access to the Connected eBook on Casebook Connect, including lifetime access to the online ebook with highlight, annotation, and search capabilities. Access also includes an outline tool and other helpful resources. Connected eBooks provide what you need most to be successful in your law school classes.

Mediation: Practice, Policy, and Ethicsprovides a comprehensive and current introduction to the world of mediation, including an overview of conflict, perspectives on justice, and dispute resolution processes to handle disputes in a variety of contexts. The book has chapters on negotiation theory and practice, as well as law and policy, case examples, and practice guidelines for mediators and attorney representatives. Leading scholars and award-winning teachers in the field present descriptions of the various forms mediation takes and mediation’s place in the panoply of dispute resolution processes. Both critiques of mediation and descriptions of its promise and potential are included. Chapters on advising clients on process choice, dispute process design, international and complex mediation, facilitation, and hybrid processes are also offered. The practical, problem-solving approach includes both analytical and behavioral approaches in varying gender, race, and cultural contexts. The text can be used for lawyer-mediators, lawyer-representatives in mediation, and non-lawyer mediators.

New to the Third Edition:

  • Streamlined text designed to be more student-friendly
  • New updates to time-tested problems and cases have to keep the book up-to-date

Professors and students will benefit from:

  • Comprehensive current coverage of mediation including:
    • Law and policy, case examples, and practice guidelines for mediators and attorney representatives
  • Authors that are leading and award-winning scholars, teachers, and practitioners in this area
  • Clear presentation of the advantages of mediation as well as critiques and concerns
  • A practical, problem-solving approach that includes:
    • Both analytical and behavioral approaches
    • Varying gender, race, and cultural contexts
  • Key excerpts from some of the most renowned scholars in the field
  • Text that is applicable across the field of mediation with coverage of:
    • Lawyer-mediators
    • Lawyer-representatives in mediation
    • Non-lawyer mediators
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About the authors
Carrie Menkel-Meadow
Georgetown University Law Center

Carrie Menkel-Meadow is the Chancellor’s Professor of Law and Political Science at the University of California, Irvine, and A.B. Chettle Jr. Professor of Law, Dispute Resolution, and Civil Procedure Emerita at Georgetown University Law Center. She is one of the founders of the modern legal dispute resolution field and has been teaching negotiation, mediation, and related subjects for over 35 years.

She has published over 15 books and 200 articles in the field, including Mediation and Its Applications for Good Decision Making and Dispute Resolution (2016); Dispute Resolution Beyond the Adversary Model (3rd ed. 2018); Negotiation: Processes for Problem Solving (2nd ed. 2014); Mediation: Practice, Policy, and Ethics (2nd ed. 2013); What’s Fair: Ethics for Negotiators (2004); and a three-volume edited treatise Complex Dispute Resolution: Foundations, Decision Making, Multi-Party Dispute Resolution and International Dispute Resolution (2012).

She was the first recipient of the American Bar Association’s Award for Scholarly Excellence in Dispute Resolution (2011), for her work in conceptualizing the role of the lawyer as a “problem-solver,” and has won the Center for Public Resources Award for Best Scholarly Article on Dispute Resolution three times (1983, 1991, and 1998). In February 2018, she was awarded the American Bar Foundation’s Award for Outstanding Scholar, recognizing her decades of research in dispute resolution, legal ethics, the legal profession, and legal feminism. She has also won numerous awards for her teaching.

Professor Menkel-Meadow has taught law and dispute resolution to diplomats, lawyers, law students, mediators, government officials, and ordinary citizens in 26 countries (on seven continents). She is an active mediator and arbitrator, as well as a policy and strategic planning facilitator, and has consulted for the World Bank, United Nations, the Federal Judicial Center, federal and state courts, and the International Red Cross on matters of conflict resolution and dispute system design. She has also worked on peace in the Middle East, transnational legal issues in Europe, transitional justice in South America, and new forms of economic cooperation and dispute resolution and legal education in Asia. She has mediated and arbitrated hundreds of disputes in the United States, including commercial, class action, employment, health, asbestos, insurance, intellectual property, arts, and education cases, as well as many general civil litigation matters. She has also mediated and arbitrated cases outside of the United States.

Andrea Kupfer Schneider

Andrea Kupfer Schneider is a Professor of Law and Director of the Kukin Program for Conflict Resolution at Cardozo School of Law. Professor Schneider was the previous director of the nationally ranked ADR program at Marquette University Law School in Wisconsin, where she taught ADR, Negotiation, Ethics and International Conflict Resolution for over two decades. In addition to overseeing the ADR program, Professor Schneider was the inaugural director of the university’s Institute for Women’s Leadership. In 2024, Professor Schneider was awarded the Rubin Theory to Practice Award given by the International Association of Conflict Management (IACM) honoring meritorious and long-standing contributions at the nexus of theory, research and practice. She was named the 2017 recipient of the ABA Section of Dispute Resolution Award for Outstanding Scholarly Work, the highest scholarly award given by the ABA in the field of dispute resolution. And in 2009, Professor Schneider was awarded the Woman of the Year Award by the Wisconsin Law Journal and the Association for Women Lawyers. Professor Schneider has published numerous articles on negotiation, plea bargaining, negotiation pedagogy, ethics, gender and international conflict. Her books include Discussions in Dispute Resolution: The Foundational Articles, edited with Art Hinshaw and Sarah Cole (Oxford University Press 2021) (winner of the 2022 CPR Book Award); multiple textbooks in the field including Dispute Resolution: Beyond the Adversarial Model (with Carrie Menkel-Meadow, Lela Love and Michael Moffitt), Negotiation: Processes for Problem-Solving (with Menkel-Meadow & Love), Mediation: Practice, Policy, and Ethics (with Menkel-Meadow & Love), Dispute Resolution: Examples & Explanations (with Moffitt); Negotiating Crime: Plea Bargaining, Problem Solving, and Dispute Resolution in the Criminal Context (with Cynthia Alkon); and essay collections including Negotiation Essentials for Lawyers (ABA Book Publishing, 2019) and The Negotiator’s Desk Reference (DRI Press 2017), both co-edited with Chris Honeyman. She also co-authored the book Smart & Savvy: Negotiation Strategies in Academia with her father, David Kupfer and published the 25th anniversary edition of her book Creating the Musée d’Orsay: The Politics of Culture in France. She is a founding editor of Indisputably, the blog for ADR law faculty, and started the Dispute Resolution Works-in-Progress annual conferences in 2007. In 2016, she gave her first TEDx talk titled Women Don’t Negotiate and Other Similar Nonsense. Professor Schneider received her A.B. cum laude from Princeton University’s School of Public and International Affairs and her J.D. cum laude from Harvard Law School. She also received a Diploma from the Academy of European Law in Florence, Italy.
Product Information
Edition
Third Edition
Publication date
2020-02-02
Copyright Year
2020
Pages
568
Connected eBook + Paperback
9781454877561
Connected eBook (Digital Only)
9781543849967
Subject
Dispute Resolution , Mediation
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