HOW WILL LAWYERING AND MEDIATION PRACTICES AFFECT EACH OTHER?

JOHN LANDE

Copyright 1997 Florida State University Law Review

Abstract

This Article sketches out some aspects of both lawyering and mediation practice that may be affected by development of a "liti-mediation culture." Part II examines the growth of the private market for mediation and an accompanying specialization of mediation practice. Part III focuses on the distinction between "facilitative" and "evaluative" approaches to mediation. Part IV considers how the routine incorporation of mediation in litigation may affect both processes. Part V integrates the analysis of how the dynamics of liti-mediation culture may affect both lawyering and mediation practices. In Parts V and VI, the author contends that the possible changes in lawyering and mediation practices outlined in the Article are contingent upon the values, attitudes, and decisions of a wide range of actors, including mediators, lawyers, law school faculty, legislators, judges, court administrators, and the general public. The Article concludes with suggestions for developing the mediation field in the future


Back to the Law Review home page