NCJ Number
116777
Journal
Mediation Quarterly Issue: 23 Dated: (Spring 1989) Pages: 13-22
Date Published
1989
Length
10 pages
Annotation
Mediation is emerging as an effective alternative to the more traditional adversarial process of dispute resolution.
Abstract
The expansion of attorneys into mediation and supporting legal roles represents a significant development, particularly since basic assumptions of mediation are quite different than those of the traditional legal process. Growth of the mediation process is demonstrated by statistics: there are 20,500 community mediators in the U.S.; 4,500 jurisdictions require mediation in family custody and visitation disputes, there are 110 State and local bar association dispute resolution committees, more than 200 major corporations consider early settlement or alternative dispute resolution before pursuing litigation, and over 110 public schools teach conflict resolution. The essence of mediation is an impartial third party's facilitation of disputant communications for an agreement. Attorneys are recognizing mediation as a viable alternative 'professional lifestyle.' Mediation involving important legal rights generally benefits from early and continuing involvement of independent resource and review attorneys. Mediation offers an appropriate alternative to litigation, especially for disputes involving continuing relations between parties. The best way for independent legal counsel to insure that full and appropriate disclosure is accomplished is simply to advise clients of the information typically produced and what information should be demanded. Mediated agreements should meet participants' own sense of fairness, comply with minimum societal notions of fairness, and assure standards of fairness toward unrepresented third parties. 11 references.