Mediation in an Evolving World

Mediation in an Evolving World: Theory and Practice is designed for classroom use in a two- or three-credit course in law schools and in advanced ADR programs in other academic disciplines such as business, education, natural resources, and urban planning. It presents, in a logical sequence, the central subjects that should be mastered by an educated mediator or a law student who will be representing clients in a mediation. The book's materials explore such topics as negotiation theories and tactics, the mediation process, confidentiality, legal issues in mediation, mediation ethics, mediator roles and orientations, and cultural factors that shape dispute system designs and dynamics. The book also presents chapters on mediation advocacy, the institutionalization of the mediation process, and careers in mediation.

This new work captures the richness and complexities of this dynamic field. The theory and practice of mediation has been transformed by significant social and historical developments—the technology revolution of the internet and its use in conducting mediation session, a global Covid-19 pandemic, and intensified political and social polarization in many communities—and by the writings of a new generation of legal academics, social scientists, and communication theorists that deepen our understanding and analysis. These factors inform the subject matter presented in this text. The materials excerpt seminal cases and scholarly articles, relevant policy statements, and statutory and rules provisions that, in combination, encourage significant reflection, multilayered analysis, and rich discussion. Notes and provocative questions throughout the text challenge students to wrestle with enduring questions relating to mediation theory and practice.