Mediation in an Evolving World

Theory and Practice

by James Alfini, Donna Erez-Navot, William Froehlich, Sharon Press, Joseph B. Stulberg, Oladeji Tiamiyu

Tags: ADR/Negotiation/Mediation, Core Knowledge for Lawyers

Table of Contents (PDF)

2024 Teacher's Manual forthcoming

624 pp  $209.00

ISBN 978-1-5310-2936-4
eISBN 978-1-5310-2937-1

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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.

Core Knowledge for Lawyers content for this book will be available in Fall 2024.

Assessment content tailored to the book is available via CAP's Core Knowledge for Lawyers platform, access to which is included in the price of a new book.

Comp Copy If you are a professor teaching in this field you may request a complimentary copy.