Mediation: The Roles of Advocate and Neutral, Second Edition (Aspen Casebook Series)

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9780735599680: Mediation: The Roles of Advocate and Neutral, Second Edition (Aspen Casebook Series)

With an emphasis on the practical, Mediation: The Roles of Advocate and Neutral, Second Edition, integrates theory with skills and strategies, ethics, and multiple practice applications to teach students how to represent clients effectively in resolving disputes through mediation.

Written by authors of the respected casebook, Resolving Disputes, this next-generation book:

  • includes all of the mediation material in Resolving Disputes as well as selected materials from the negotiation and hybrid sections.
  • expands some mediation coverage in the casebook, including listening, positional bargaining, and court programs.
  • adds mediation coverage not in the casebook, including discussions of the merits of mediation, psychological issues, mediating class actions, and conducting multi-party mediation.
  • emphasizes the lawyer's perspective by focusing on professional negotiation as an agent for clients.
  • includes examples drawn from headline cases, literature, and lawyers' experiences that will capture student interest.
  • The authors continue to draw on their extensive experience as ADR teachers, trainers, and practitioners to refresh the Second Edition with:

    • New exercises that illustrate how lawyers can use and shape the mediation process, such as when selecting mediators and dealing with positional bargainers.
    • New exercises include a cross-cultural business role-playing scenario to give students a sense of the actuality of mediation.
    • A new DVD with commercial mediators mediating an international business dispute, which is organized into short chapters that show a particular stage in the process or technique, ranging from a pre-mediation meeting to the use of decision analysis and impasse-breaking techniques.

    Mediation: The Roles of Advocate and Neutral, Second Edition, concentrates on the practical, real-world aspects of mediation rather than the theoretical or academic in order to better prepare students for their role as lawyers in the mediation process.

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