Dr. Roselle Wissler, Research Director, Lodestar Dispute Resolution Program and Faculty Fellow, Center for Law, Science & Innovation at Arizona State University’s Sandra Day O’Connor College of Law, recently published an article entitled Representation in Mediation: What We Know From Empirical Research, 37 Fordham Urb. L. J. 419 (2010). In her article, Dr. Wissler examines the effect of legal representation on the various stages of the mediation process.
Here is the abstract:
The article begins with a description of the proportion of cases in mediation involving unrepresented parties and the policies and practices regarding representation in different mediation contexts. The core of the article examines empirical research findings regarding the effect of representation on several dimensions of the mediation process, including preparation for mediation, party perceptions of the fairness of the process and pressures to settle, the extent of party “voice” and participation in mediation, and the tone of the session. In addition, the article examines the effect of representation on mediation outcomes, including the likelihood of settlement in mediation and the fairness of agreements reached. The studies find few differences consistently associated with representation, suggesting that unrepresented parties might face fewer problems in mediation, and lawyers might create fewer problems, than some claim. But the available research is too limited to be able to conclude that lawyers either play an essential role in mediation or are not needed, or that they are particularly helpful or detrimental to the mediation process. Additional findings show that how lawyers represent clients during mediation is related to parties’ assessments of mediation and settlement. The article concludes with a discussion of the additional research that is needed to inform policies and practices regarding representation in mediation.
The article may be downloaded (without charge) from Social Science Research Network.
We would love to hear your thoughts on the role of attorneys during the mediation process.
Technorati Tags: ADR, law, mediation
Related Posts
Article | An Empirical Analysis of Collaborative Practice
Law Review Article | Regulating Mandatory Arbitration
Law Review Article | Keeping a Secret from Yourself? Confidentiality When the Same Neutral Serves Both as Mediator and as Arbitrator in the Same Case
Law Review Article | Does Class Arbitration ‘Change the Nature’ of Arbitration? Stolt-Nielsen and First Principles
Law Review Article | Integrating ‘Alternative’ Dispute Resolution into Bankruptcy: As Simple (and Pure) as Motherhood and Apple Pie?
Law Review Article | Religious Arbitration and the New Multiculturalism: Negotiating Conflicting Legal Orders
