Theory and Practice of Mediation Representation

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