NCJ Number
116776
Journal
Mediation Quarterly Issue: 23 Dated: (Spring 1989) Pages: 5-12
Date Published
1989
Length
8 pages
Annotation
The role of attorneys in mediation and legal representation issues associated with mediation is addressed.
Abstract
Attorneys are classified in three groups with regard to mediation. The first group, led by academics, argues that training for attorneys should incorporate negotiating skills. The second group, comprised primarily of nonmatrimonial attorneys, favors the shift of family disputes from law to an alternative arena. The third group consists of practicing attorneys who are aware they have lost ground to real estate brokers, accountants, and mediators. As turf issues associated with the third group have been clarified and mediation has been established in most States, at least for child custody cases, the American Bar Association (ABA) has joined with other organizations to develop mediation standards and ethics and has sponsored efforts to provide alternatives to litigation. Harvard Law School and the ABA, for example, sponsored a divorce mediation training program for attorneys in 1985. The increase in the number of female attorneys is having a positive impact on mediation; women generally believe they can do more for women and children in the adversarial arena than males. Mediation is most useful in disputes where an ongoing relationship between the disputing parties is important. The mediator pays attention to the relationship, while helping a couple negotiate their differences. Attorneys are less likely to become involved in the relationship balance issue and more likely to assure the balance of economic issues. Future developments in mediation will likely involve an increasing turf battle as mediation expands from divorce settlements to commercial disputes. 9 references.