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

Douglas N. Frenkel, James H. Stark

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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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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
Teaching materials include:
- Teacher’s Manual with sample syllabi
- Video case studies integrated with the text
- Handouts
- Sample role-playing exercises
- Mediation transcripts

Additional Product Details

Publication Date: 9/14/2018
Copyright: 2019
Pages: 592
ISBNs:
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

Contents
Preface
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 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

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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