Aspen Publishing

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

Douglas N. Frenkel, James H. Stark


  • ISBN: 9781543845990

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  • Description

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

    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.

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  • Additional Product Details

    Publication Date: 9/14/2018
    Copyright: 2019
    Pages: 592
    Connected eBook + Print Book: 9781454870234
    Connected eBook: 9781543801286

    Detailed Table of Contents (PDF Download)
    Preface to the Third Edition 
    Preface to the First Edition

    See the Professor Resources section of this page for sample video clips.

    Summary of Contents


    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 The Ethics of Mediating 
    Chapter 13 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 May 2010) 
    Appendix F Tolman Screening Model (Modified) 
    Appendix G Sample Agreements to Mediate 
    Video Clip Index 
  • Author Information

    Douglas N. Frenkel

    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

    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.

  • Professor Resources

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