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

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Authors
  • Douglas N. Frenkel
  • James H. Stark
Series / Aspen Coursebook Series
BOOKMARK
Book length
660 pages
Publication Date
2025-02-01
Edition
Fourth Edition
Teaching Materials
NO
Description
Table of contents
Preface

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.

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. The core skills text is keyed to almost eight 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 enriches students’ understanding and allows classroom and clinical instruction to proceed more rapidly and on a far more sophisticated level.

New to the Fourth Edition:
  • A new chapter on mediating by video conference presenting the best available research comparing remote and in-person processes
  • A new chapter on the growth of pre-mediation conferencing with nearly one hour of new video content depicting Zoom conferences in an employment discrimination matter
  • New text on the potential impact of virtual mediation on mediator ethics, mediation representation, and the mediation process as a whole
Professors and students will benefit from: 
  • Practice-based 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 but focusing on those prevalent in clinical and simulation settings
  • 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
  • End-of-chapter problems to aid assessment of student learning
  • Transcripts of video clips for close post-viewing analysis
  • The richness of classroom discussion made possible by the shared experience of having viewed video clips that illustrate important skills and which can trigger constructive exchanges and criticism
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Table of Contents
Summary of Contents

Contents
Preface to the Fourth Edition
Preface to the First Edition 
Acknowledgments 

CHAPTER  1
“So You Want to Study Mediation?” An Introduction to the Processes of Mediation and the Skills of
Effective Mediators

CHAPTER  2
Negotiations, and Why They Fail 

CHAPTER  3
The Role of the Mediator: Differing Approaches, Fundamental Norms

CHAPTER 4
Preparing to Mediate 

CHAPTER 5
Mediation as a Structured Process

CHAPTER 6
Opening the Process, Defining the Problem 

CHAPTER 7
Expanding Information 

CHAPTER 8
Identifying and Framing Negotiating Issues, Organizing an Agenda 

CHAPTER 9
Generating Movement Through Problem- Solving and Persuasion

CHAPTER 10
Conducting the Bargaining, Dealing with Impasse 

CHAPTER 11
Concluding the Mediation 

CHAPTER 12
Preparing for and Conducting Remote Mediations

CHAPTER 13
A Return to the Topic of Planning: Pre- Mediation Conferencing 

CHAPTER 14
The Ethics of Mediating 

CHAPTER 15
Representing Clients in Mediation

Appendix A  Video Clip Transcripts for Analysis 
Appendix B Model Standards of Conduct for Mediators (September 2005) 
Appendix C Model Standards of Practice for Family and Divorce Mediation (2001) 
Appendix D Uniform Mediation Act (Excerpts) 
Appendix E Selected Excerpts, Delaware Lawyers’ Rules of Professional Conduct
(as amended through July 2024) 
Appendix F Tolman Screening Model (Modified)
Appendix G Sample Agreements to Mediate
Video Clip Index 
Index 
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Preface
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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
Fourth Edition
Publication date
2025-02-01
Copyright Year
2025
Pages
660
Connected eBook + Paperback
9781543847604
Connected eBook (Digital Only)
9781543857412
Subject
Mediation , Dispute Resolution , Academic Success
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