The Practice of Mediation

This broad (and circular) test asks whether the activity in question is commonly understood to be part of the practice of law in the community.

The Practice of Mediation

Author: Douglas N. Frenkel

Publisher: Aspen Publishers

ISBN: 1454870230

Page: 592

View: 307

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. 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

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