Emanuel Law Outline: Property keyed to Dukeminier 7E / Edition 7

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More About This Textbook


Overview: First published in 2008, this widely-adopted mediation text was the first to combine in-depth textual analysis of the mediation process with video case studies illustrating the stages of the mediation process and the many constituent skills of effective mediators. The Second Edition expands that video content and makes it available to students online or in a seamless e-book format, with a simple click of an icon. The book has quickly become the text of choice in mediation clinics and mediation simulation courses.


• All original text, written in an accessible and conversational style. Used by many first-time mediation instructors as well as by highly experienced teachers and trainers.
• 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
• Closely analyzes the major ethical and role issues that mediators encounter “on the ground.” Includes a video-driven chapter on representation of clients in mediation.
• Unlike some other books in the field, this text recognizes and prepares students for all of the major approaches to mediation.
• The expanded Second Edition contains 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, and enabling instructors to save precious classroom time by assigning video extracts to be viewed and analyzed outside of class.
• •The three video case studies are all based on real mediated disputes:

• 1) a child custody case;
• 2) a small claims consumer dispute between a homeowner and a kitchen contractor; and
• 3) a negligence suit filed by a tenant against his former landlord after he was robbed at knife point by an intruder.

• In these unscripted mediations, the mediators and lawyers perform as they would in an actual case. Professional actors portray the role of the disputants in an extremely realistic and believable fashion. Production qualities are excellent. In addition to illustrating a very wide range of mediator techniques, the video includes an extended comparative example of facilitative and evaluative mediation of the same matter.
• The Teacher's Manual includes detailed, flexible chapter-by-chapter teaching notes; a wide variety of simulations and mini-role-plays from which to choose (many with instructor debriefing notes); sample syllabi and 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 “micro-analysis,” plus author commentary; and assorted additional course information material and handouts.

New to the Second Edition:

• Video case studies to be available online or in SmartBook™ format, expanding coverage and making it possible for the authors to provide additional footage to adopters as new mediation video becomes available for use and sharing. (Instructors who adopt the book will also receive a DVD version of the video case studies.)
• New, full-length video of the text’s high-conflict child custody case study, illustrating the stages of the process in sequence. This video may be useful for adoption in mediation and traditional courses focused on family law.
• New and expanded coverage of on-line mediation, cross-cultural mediation

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Product Details

  • ISBN-13: 9780735589971
  • Publisher: Wolters Kluwer Law & Business
  • Publication date: 5/19/2010
  • Edition description: New Edition
  • Edition number: 7
  • Pages: 462
  • Sales rank: 310,730
  • Product dimensions: 8.40 (w) x 10.90 (h) x 1.00 (d)

Table of Contents

Organization in Detail

Part I: Conceptual and Ethical Foundations of the Mediation Process

Chapter One: “So You Want to Study Mediation?” An Introduction to the Processes of Mediation and the Skills of Effective Mediators

Chapter Two: Basics of Negotiation Theory and Why Negotiations Fail

Chapter Three: The Role of the Mediator: Differing Approaches, Fundamental Norms

Part II: The Skills of the Mediator and the Stages of the Mediation Process

Chapter Four: Preparing to Mediate

Chapter Five: Mediation as a Structured Process

Chapter Six: Opening the Process, Developing Information

Chapter Seven: Expanding Information to Aid the Negotiations

Chapter Eight: Identifying and Framing Mediation Issues, Organizing an Agenda

Chapter Nine: Generating Movement Through Problem Solving and Persuasion

Chapter Ten: Impasse, Final Bargaining and Closure

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