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The Practice of Mediation: A Video-Integrated Text, Third Edition

Authors
  • Douglas N. Frenkel
  • James H. Stark
Series / Aspen Coursebook Series
Teaching Materials
NO
Description
Table of contents

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This widely-adopted, all-original book was the first in the field to combine complete analysis of the mediation process with integrated video case studies illustrating the full range of mediation skills. Engaging text is keyed to seven hours of online video, featuring three different cases, all based on actual disputes: a child custody case, a small claims consumer dispute, and a complex negligence suit. These unscripted mediations were conducted by mediators and lawyers with a variety of backgrounds and styles. The video includes an extended comparative example of facilitative and evaluative mediation of the same matter. The integration of text and video in The Practice of Mediation: A Video-Integrated Text, Third Edition enriches students’ understanding and allows classroom and clinical instruction to proceed more rapidly and on a far more sophisticated level.

New to the Third Edition:

  • New end-of-chapter problems to aid assessment of student learning
  • New or expanded coverage of biases and their impact on negotiators; pre-mediation contacts with parties; and increasing mediator use of caucuses to open the process
  • Newly designed problems on the ethics of mediating
  • New video clips on mediator influence and persuasion

Professors and students will benefit from:

  • Practice- and research-based analysis of negotiations and why they fail
  • Contextualized model of the role and effective skills of the mediator, applicable across the entire range of disputes
  • Exploration of fundamental norms of the process and, through real case problems, the ethics of mediating
  • Video and case-based introduction to the role and skills of representing a client in mediation
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About the authors
Douglas N. Frenkel
University of Pennsylvania

Doug Frenkel is a professor of law at the University of Pennsylvania Law School, where he teaches Mediation and served as Clinical Director for nearly three decades. His work in the conflict resolution field began in the early 1980s, when he chaired a national task force that linked law and business school faculty in the development of some of the formative teaching materials in the ADR field. The real case clinical course that he directs was launched in 1986 and has served as a model for others around the country. He also regularly teaches legal ethics and consults with U.S. and overseas law schools on clinical program and simulation course design. Frenkel has also been a leader in developing audiovisual materials for the law school classroom. The clinical skills, mediation, and professional responsibility videos he created or developed with Penn colleagues are among the most widely used teaching tools of their kind.

James H. Stark
University of Connecticut

Jim Stark has been a clinical law teacher for 35 years, first at the Washington College of Law, American University, and since 1979 at the University of Connecticut School of Law. He supervised students in a wide variety of representational matters, including prison legal services, special education, and housing and employment discrimination cases, before launching the Mediation Clinic in 1994.

He has published widely, including Preliminary Reflections on the Establishment of a Mediation Clinic, 2 Clinical L. Rev. 457 (1996), selected for inclusion in Hurder, et al., Clinical Anthology: Readings for Live-Client Clinics (1997). He also teaches Negotiation, Evidence, and Torts.

In other capacities, Stark has served as Associate Dean for Academic Affairs at Connecticut, as an Editor of the Clinical Law Review, and as the Reporter to the Connecticut Council for Divorce Mediation and Collaborative Practice (CCDM) Mediation Standards Committee, work that earned him that organization's Outstanding Service Award in 2001.

Product Information
Edition
Third Edition
Publication date
2018-09-14
Copyright Year
2018
Pages
592
Connected eBook + Paperback
9781454870234
Connected eBook (Digital Only)
9781543845990
Subject
Dispute Resolution , Mediation
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