NCJ Number
104269
Date Published
1986
Length
12 pages
Annotation
A legal education steeped in adversarial law has socialized attorneys to feel professionally and economically threatened by the use of mediation as an alternative to litigation.
Abstract
Attorneys are taught to resolve law-related conflicts in an adversarial forum through the application of case law and the use of writing and verbal skills. A third party then decides which attorney will win the case. In mediation, a third party facilitates the participation of the disputing parties in reaching a mutually agreeable solution to their dispute. The dispute resolution comes from the disputants themselves rather than through law applications argued by opposing attorneys and resolved finally by juries or judges. Mediation is not constricted by rules of evidence and procedure. Because the structure and process of mediation differs from the forum procedures featured in law school, attorneys perceive it as an unreliable and subversive forum which is inadequate for ensuring clients' legal rights and the just resolution of conflicts. Attorneys' resistance to mediation as an effective forum for resolving selected disputes can only be overcome as they become informed about the nature and purpose of mediation and are also taught the skills of mediation. Such an education will expand attorneys' professional competence in using a variety of forums appropriate for a wide range of disputes. 21 notes and 55 references.