Lawyers and Mediation: Lessons from Mediator Stories

10 Pages Posted: 6 Dec 2013

See all articles by Sharon Press

Sharon Press

Mitchell Hamline School of Law Dispute Resolution Institute

Date Written: 2013

Abstract

In Stories Mediators Tell, Lela Love and Eric Galton have compiled a compelling anthology of stories about mediation. Not surprisingly, most of the stories involve a significant moment when something special happened for the parties. The author was reminded of presentations by Baruch Bush and Joe Folger in the early 1990's (around the time the first edition of The Promise of Mediation was published). They would ask mediators who attended their sessions to recount to a partner one of their memorable mediations. Inevitably, the stories were about transformative moments - of parties obtaining clarity for the first time - of connections being made. Only rarely did someone share story that lacked this human element. Twenty years later, despite the fact that the practice of mediation has continued to move in a direction which makes these moments less likely, these still are the stories which stay with mediators and that remind all of the power - an the promise - of mediation.

In this article, the author - a professor at a law school - analyzes stories without lawyers and the possible outcome if lawyers were involved. The author uses pieces from various stories to identify lessons about the law, lawyers, and legal education.

Keywords: mediation, mediator, lawyer, attorney, client, dispute, negotiation, ADR, Stories Mediators Tell, law, legal reform

JEL Classification: J52, K00, K19, K39, K4, K41, K49

Suggested Citation

Press, Sharon, Lawyers and Mediation: Lessons from Mediator Stories (2013). Cardozo Law Review, Vol. 34, pp. 2433-2442, 2013, Available at SSRN: https://ssrn.com/abstract=2363147

Sharon Press (Contact Author)

Mitchell Hamline School of Law Dispute Resolution Institute ( email )

875 Summit Ave
St. Paul, MN 55105-3076
United States
651-290-6436 (Phone)

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