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Guidelines for Mediator/Attorney Cooperation

NCJ Number
116778
Journal
Mediation Quarterly Issue: 23 Dated: (Spring 1989) Pages: 37-52
Author(s)
C Leick
Date Published
1989
Length
16 pages
Annotation
Guidelines to follow to insure a cooperative relationship between attorney and client in mediated custody and financial dispute settlement are presented.
Abstract
The attorney should be involved with the client before mediation begins in order to obtain as much information as possible on financial aspects of the case, to identify issues that must be covered in mediation, and to determine if mediation is appropriate for the client. Early analysis of issues in mediation and advice about a fair solution avoid problems that may occur when clients do not see their attorneys until they each believe they have made an agreement in principle. Following the initial consultation and establishment of the attorney-client relationship, the client should consult with the attorney only if there are questions or problems in the mediation process. It is not always necessary or appropriate for client attorneys to attend some or all mediation sessions. The attorney must understand that mediation involves a different style of settlement negotiation than the usual adversary process. The attorney must also recognize that a mediated case moves faster than a case processed through normal legal channels. The attorney's responsibility is to use the mediation process as issues arise rather than removing the case from the mediation process.

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