NCJ Number
95747
Journal
Clearinghouse Review Dated: (October 1984) Pages: 520-524
Date Published
1984
Length
5 pages
Annotation
Three options available to Legal Services Programs (LSP's) interested in providing mediation for their clients are explored.
Abstract
One option, inhouse mediation, offers a number of advantages, including reduced overhead costs and control of the screening process. In addition, consultation and advice during mediation would be facilitated, because the legal and mediation staff could work closely with one another. The primary disadvantage of an inhouse mediation program is the possible diffusion of the LSP's resources. Thus, the LSP must be clear about how mediation fits into the program's priorities, so that funds can be appropriately allocated. The fundamental issue regarding the propriety of an LSP's operating a mediation project concerns legal ethics: the LSP must determine whether there is a real or potential conflict of interest. While the Code of Professional Responsibility does not forbid lawyers from acting as mediators, it does require them to choose whether they will act as mediators or as advocates. If a lawyer has acted as a mediator, he/she must then refrain from acting as an advocate for any of the parties involved in the dispute. Other options for the LSP are to establish another organization to provide the mediation, or to establish a corporate structure closely tied to the mediation project. Before choosing any option, the LSP must understand the legal and programmatic issues involved. Twelve references and one illustration are provided.