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About the Book

The Practice of Mediation: A Video-Integrated Text

Second Edition

Douglas Frenkel, University of Pennsylvania
James H. Stark, University of Connecticut

2012. 600 pages. ISBN: 9781454802198

With Teacher's Manual

About the Book

Watch author Douglas Frenkel discuss the video portion of The Practice of Mediation.


First published in 2008,The Practice of Mediation: A Video-Integrated Text was the first book to combine in-depth textual analysis of the mediation process with videos illustrating the stages of the mediation process and the many constituent skills of effective mediators. Written in a highly accessible and conversational style, the text provides students a sophisticated understanding of the negotiation process and the barriers to conflict resolution. Accompanied by video of three unscripted mediated disputes, based on actual cases, the presentation allows students to see what they are reading about, preparing them for all major approaches to mediation.
The Second Edition of this widely adopted text contains new and expanded coverage of on-line mediation, cross-cultural mediation and co-mediation, as well as new, non-legal examples of the use of mediation. It includes a revised and expanded discussion of effective persuasion and problem solving, based on cutting edge social science research findings. And it expands the video content from 6 to 7 hours, by including a new, full-length video of the text’s high-conflict child custody study, illustrating the stages of the process in sequence.

Features of The Practice of Mediation:
•    Accessible, conversational style.
•    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.
•    Offers close analysis of major ethical and role issues that mediators encounter.
•    Prepares students for all of the major approaches to mediation.
•    Includes a self-contained chapter with video extracts on representing clients in mediation
•    Includes seven hours of online 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.
•    The online video saves precious classroom time, allowing viewing and analysis outside of class.
•    The three cases depicted in the video are based on real, mediated disputes:
o    A child custody case.
o    A small-claims consumer dispute between a homeowner and a kitchen contractor.
o    A complex negligence suit filed by a tenant against his former landlord after an intruder robbed him at knifepoint.
•    The video includes an extended comparative example of facilitative and evaluative mediation of the same matter.
•    Mediators and lawyers perform as they would in the actual case. Professional actors portray the role of the disputants in an extremely realistic fashion.
•    Teacher's Manual includes sample syllabi, teaching suggestions for how the book can be used in a variety of course configurations, transcripts of the video  extracts that instructors can assign to students for further analysis, and short exercises and mini-simulations with debriefing notes.
Beginning in August 2013, the Second Edition is also available in e-book format.  The Aspen e-book provides a fully interactive digital experience, seamlessly linking text and video in a single medium. It allows for the addition of supplementary course resources, including videos, links, and related case and statutory material. The e-book enables you to add your own notes and highlight important passages-- all within one convenient online platform.
E-book features:
•    A complete electronic version of the textbook
•    Online video and text in one convenient platform
•    Note-taking tools and multi-color highlighting capabilities
•    Case and statutory links to the Loislaw primary research database
•    Links to sample documents, in-depth material, and relevant YouTube and other media files
•    A downloadable version of your textbook and mobile access on your Smartphone or Tablet.

Important Note: To access the full, online e-book, you will need internet access. The online e-book allows you to print 10 pages per print function.  The 6-month license of the e-book video portion begins on the date redeem your video access code that comes with the book, and can be renewed for the life of the second edition. In addition to online access, you may download permanently a full version of the text portion of the book to your tablet, laptop or smartphone. In order to do this, you will need to install Adobe Digital Editions (free to users; instructions provided at the e-book home page).