Product Detail

This widely-adopted mediation text was the first to combine in-depth textual analysis of the mediation process with video case studies illustrating the stages of the mediation process and the many constituent skills of effective mediators. The Second Edition expands that video content and makes it available to students online or in a seamless e-book format, with a simple click of an icon. The book has quickly become the text of choice in mediation clinics and mediation simulation courses.

In this video interview, Douglas Frenkel speaks about the idea behind the integration of video case studies into the text.

Features of the Practice of Mediation

• All original text, written in an accessible and conversational style. Used by many first-time mediation instructors as well as by highly experienced teachers and trainers.
• Provides students with a sophisticated conceptual understanding of the negotiation process and the cognitive, psychological and strategic barriers to conflict resolution.
• Teaches about the mediation process “from the inside out,” breaking down the skills of effective mediation into their component parts.
• Closely analyzes the major ethical and role issues that mediators encounter “on the ground.” Includes a video-driven chapter on representation of clients in mediation.
• Recognizes and prepares students for all of the major approaches to mediation.
• The expanded Second Edition contains seven hours of video, depicting nine professional mediators, with different backgrounds and orientations, mediating three different cases, often with very different results.
• The video extracts are fully integrated with the text, enabling students to “see” what they are reading about as they read it, and enabling instructors to save precious classroom time by assigning video extracts to be viewed and analyzed outside of class.
• The three video case studies are all based on real mediated disputes:
  1. a child custody case
  2. a small claims consumer dispute between a homeowner and a kitchen contractor
  3. a negligence suit filed by a tenant against his former landlord after he was robbed at knife point by an intruder

• In these unscripted mediations, the mediators and lawyers perform as they would in an actual case. Professional actors portray the role of the disputants in an extremely realistic and believable fashion. In addition to illustrating a very wide range of mediator techniques, the video includes an extended comparative example of facilitative and evaluative mediation of the same matter.
• The Teacher's Manual includes detailed, flexible chapter-by-chapter teaching notes; a wide variety of simulations and mini-role-plays from which to choose (many with instructor debriefing notes); sample syllabi and suggestions for how the book can be used in a variety ofcourse configurations; transcripts of the video extracts that instructors can assign to students for further “micro-analysis,” plus author commentary; andassorted additional course information material and handouts.

New to the Second Edition:

• Video case studies to be available online or in SMARTe format, expanding coverage and making it possible for the authors to provide additional footage to adopters as new mediation video becomes available for use and sharing. (Instructors who adopt the book will also receive a DVD version of the video case studies.
• New, full-length video of the text’s high-conflict child custody case study, illustrating the stages of the process in sequence. This video may be useful for adoption in mediation and traditional courses focused on family law.
• New and expanded coverage of on-line mediation, cross-cultural mediation and co-mediation.
• Greater emphasis on non-legal examples of the use of mediation, increasing utility of text for undergraduate and graduate school audiences.
• Revised and expanded discussion of effective persuasion and problem-solving, based on cutting edge social science research findings.

*Purchasers receive a 6 month renewable access license to the online videos. This access license can be renewed for the life of the edition for $59.95.

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, Developing Information

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)

Video Clip Index

Index

Douglas N. Frenkel

Douglas N. Frenkel

E-mail address: dfrenkel@law.upenn.edu

Doug Frenkel teaches Mediation at the University of Pennsylvania Law School, where he 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

E-mail address: James.Stark@law.uconn.edu

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.