Douglas Frenkel

Douglas Frenkel

Doug Frenkel is the architect of Penn Law’s nationally renowned clinical program having served as Director of the Gittis Center for Clinical Legal Studies from 1980 to 2008. Under his leadership, the program grew to include real-case courses in litigation, transactional representation, mediation, legislation, child advocacy and transnational lawyering. He specializes in alternative dispute resolution generally and mediation in particular. He is the author of innovative teaching materials and videotapes in this field and frequently serves as a mediator in employment, commercial, educational and family matters. His multi-media book, The Practice of Mediation: A Video-Integrated Text (Aspen Law & Business, 2008, with James Stark) is the leading law school skills text in the field and the first work of its kind to integrate text and video. Frenkel’s other major area of expertise is legal ethics, having been a founding faculty member of the Law School’s Center on Professionalism. He regularly teaches courses in legal ethics and consults with lawyers on matters of professional responsibility and lawyer liability.

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Articles and Video:

Changing Minds: The Work of Mediators and Empirical Studies of Persuasion (04/22/14)
The use of mediation has grown exponentially in recent years, yet the field of mediation still operates to a considerable extent on folklore and opinion, rather than reliable knowledge. Mediator attempts at persuasion are pervasive in some mediation contexts, while "persuasion" is, for some, a pejorative word and a contested norm in the field. Perhaps as a result, there has been little, if any, evidence-based writing about what kinds of persuasive appeals might be effective in mediation. In an effort to begin to fill that void, this article examines empirical research on persuasion from such diverse fields as advertising, public health, communications, politics and race relations. The article then raises questions about how these social science findings might apply to the work of mediators.