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From Litigator to Mediator

NCJ Number
116781
Journal
Mediation Quarterly Issue: 23 Dated: (Spring 1989) Pages: 85-93
Author(s)
C Micka
Date Published
1989
Length
9 pages
Annotation
An attorney who gave up the practice of law discusses his transition to the role of mediator.
Abstract
He feels that the practice of law, like traditional social services, often fosters dependency by encouraging people in conflict to use a negative approach to problem-solving. As mediator, he does not make decisions for people or give them legal advice. His interest is not in seeing one party lose at the expense of the other; rather, his goal is to help both parties reach a settlement they consider fair and equitable. Mediation skills include listening, creating a safe environment in which clients feel free to communicate openly with each other, prohibiting either party from making threatening or coercive statements during mediation sessions, helping parties reformulate their attitudes about conflict, and encouraging positional bargaining and re-education. 1 reference.

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