NCJ Number
102337
Journal
Arizona Law Review Volume: 26 Issue: 2 Dated: (1984) Pages: 329-362
Date Published
1984
Length
34 pages
Annotation
The effectiveness of lawyers who serve as neutral parties in a mediation process would increase if their efforts rested on two standards: their duty to foster a fair agreement and their duty to identify and seek the maximum joint gains for the parties involved.
Abstract
Confusion and disagreement currently exist about the appropriateness of using neutral lawyers in mediation and the rules or standards that should guide their efforts. The lawyer's traditional role of representing one party in an adversarial situation can interfere with efforts to serve as a neutral party providing information to both sides of a mediation process. Both professional codes of conduct and malpractice law support proposed guidelines defining the neutral lawyer's role. However, existing proposals either define the lawyer's role in an overly formal and traditional fashion or leave too many ambiguities regarding the lawyer's role. The proposals for specific rules, rather than general standards, also promote rigidity in a process that needs informality and fluidity. Developing standards based on the duties for fairness and for maximizing the gains to both parties would encourage a more appropriate role for the lawyers serving as neutrals. 136 reference notes.