Theory and Practice of Mediation Representation

28 Pages Posted: 26 Sep 2024

See all articles by John Lande

John Lande

University of Missouri School of Law

Date Written: September 24, 2024

Abstract

These days, American attorneys regularly represent clients in mediation.  This representation is a complex process, and attorneys and law students need guidance about how to serve clients well in this context.  This article offers a theoretical framework for analyzing mediation representation based on Real Practice System Theory.  It reviews books that outline elements of mediation representation and identify practical techniques that attorneys can use when representing clients in mediation.  It supplies several suggestions for faculty who teach mediation, including teaching courses combining the perspectives of both mediators and mediation representatives.

Keywords: mediation, counseling, advocacy, representation, neutral, preparation, intangible interests, Real Practice Systems, NextGen

JEL Classification: K40, K41

Suggested Citation

Lande, John, Theory and Practice of Mediation Representation (September 24, 2024). University of Missouri School of Law Legal Studies Research Paper No. 2024-31, Available at SSRN: https://ssrn.com/abstract=4967732 or http://dx.doi.org/10.2139/ssrn.4967732

John Lande (Contact Author)

University of Missouri School of Law ( email )

Hulston Hall
Columbia, MO 65211
United States

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