Work

Lawyers, Mediation, and the Management of Divorce Practice

Year: 1994

Type: article

Abstract: Despite a widespread assumption that divorce mediation and divorce lawyers are incompatible, lawyers do play active—if largely unexamined—roles in many mediation programs. This article reports on the work of lawyers in a state with mandatory mediation. We find that lawyers in Maine have generally embraced mediation because it helps them manage problems inherent in divorce practice. Mandated divorce mediation facilitates both settlement negotiation and trial preparation, permits client participation in decisionmaking without requiring lawyers to surrender control, provides a forum for resolving both legal and nonlegal issues, and promotes efficient case management.

Source: Law & Society Review

DOI: 10.2307/3054140

Authors: Craig A. McEwen, Lynn Mather, Richard J. Maiman

Institutions: Bowdoin College, University at Buffalo, State University of New York, University of Southern Maine

Language: English

Topic: Dispute Resolution and Class Actions

Subfield: Strategy and Management

Field: Business, Management and Accounting

Domain: Social Sciences

SDG: Peace, justice, and strong institutions

Open Access status: bronze

Funders: National Science Foundation, Bowdoin College