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Mediation: The Roles of Advocate and Neutral, Fourth Edition

Authors
  • Dwight Golann
  • Jay Folberg
Series / Aspen Casebook Series
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.

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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About the authors
Dwight Golann
Professor
Suffolk University Law School

Dwight Golann is Research Professor of Law at Suffolk University Law School where he teaches Dispute Resolution, Negotiation and Mediation. He is an active mediator, having resolved hundreds of legal disputes in a wide variety of subject areas. Professor Golann has been a Visiting Scholar at the Program on Negotiation at Harvard, taught in its Program of Instruction for Lawyers, and served as a visiting professor at Pepperdine, Oregon, Boston University and other law schools. He has trained mediators for bar associations across the United States as well as the Federal Judicial Center, Justice Department, European Union, and ADR organizations on five continents.  He serves as a Distinguished Neutral on the Panel of the CPR Institute, the International Mediation Institute, and other organizations. Professor Golann was a civil litigator before becoming a law teacher, practicing with a law firm and later as Chief of the Trial Division of the Massachusetts Attorney General, where he supervised the litigation and settlement of all legal claims brought against the state. He has tried and argued cases at every level of the court system from local juries to the Supreme Court. Professor Golann holds the Lifetime Achievement Award of the American College of Civil Trial Mediators and Honorary Membership in the International Academy of Mediators, and in 2021 received the Scholarship Award from the ABA Section of Dispute Resolution.

Jay Folberg
Professor Emeritus
University of San Francisco

Jay Folberg is Professor Emeritus and former Dean at the University of San Francisco School of Law. In addition to being an active mediator and arbitrator for 40 years, he served as the Founding Executive Director of the JAMS Institute and is Chair of the JAMS Foundation. Professor Folberg was appointed by the Chief Justice of the California Supreme Court to chair a state wide task force on Alternative Dispute Resolution, and also to chair the Judicial Council’s Blue Ribbon Panel on Arbitration Ethics. He was honored in 2003 with the California Judicial Council’s Amicus Curiae Award, its highest honor to a lawyer, "for his leadership in the field of alternative dispute resolution and his outstanding contributions to the California courts.” Professor Folberg is also the recipient of the Academy of Family Mediators Distinguished Mediator Award, the Mediation Society’s Outstanding Contribution to Mediation Award, and the Lifetime Achievement Award of the American College of Civil Trial Mediators. He has conducted mediation and negotiation trainings around the world and authored many ADR books and articles.

Product Information
Edition
Fourth Edition
Publication date
2021-09-14
Copyright Year
2021
Pages
408
Connected eBook + Paperback
9781543809091
Connected eBook (Digital Only)
9781543849745
Subject
Dispute Resolution , Mediation
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