Document Type

Article

Publication Date

2005

Abstract

Many sophisticated and experienced litigators realize that mediation calls for a different approach, but they still muddle through the mediation sessions. They are learning on the job. Even though many attorneys prefer a problem-solving approach to negotiations, attorneys are still in the early stages of figuring out how to do it in mediations. Many attorneys went to law school before courses on dispute resolution were offered, and the dispute resolution courses that have emerged in law schools over the last twenty-five years have been largely limited to teaching students to be mediators, not advocates. Continuing legal education programs are only beginning to focus on teaching representation skills, with many programs limited to sharing anecdotal experiences and idiosyncratic advice. Mediation Representation provides a comprehensive approach to representing clients in a problem-solving process, an approach that applies from an attorney's first client phone call until the mediation process is concluded.

Source Publication

10 Harv. Negot. L. Rev. 103

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