Mediation and Advocacy Literature Review
Mediation and Advocacy Literature Review
Judy Reeves
BSHS/441
July 15, 2013
Melinda Barker
Mediation and Advocacy Literature Review
Mediation is the preferred method of conflict resolution in the majority of litigations. Mediation has many benefits and few risks to the parties involved. Three articles regarding mediation and advocacy will be discussed in this literature review. The articles pertain to cases where mediation was the method used to come to a settlement. This author will provide a reflection on the materials presented.
Article One – Advocacy and Mediation: Home Edition
This article discusses the case of attorney Allen Dershowitz and his client Mia Farrow. Mr. Dershowitz acted as mediator in the family law case of Ms. Farrow. Later Dershowitz represented Farrow in her divorce case. This practice is in direct conflict with the American Bar Association standard that states, "The mediator shall not represent either party during or after the mediation process in any legal matters" (Advocacy and Mediation, 1992). The details of ethical compliance are unknown in this case. It is unclear if Dershowitz was an impartial mediator for the parties. If Dershowitz was, his public discussion of the details of mediation communication is at variance with the ABA standard: "The mediator shall not voluntarily disclose information obtained through the mediation process without the prior consent of both participants" (Advocacy and Mediation, 1992).
Article Two – Four Tricks That Make Mediation Work
Most litigations end at the mediation table, rather than in the courtroom. “Most lawsuits settle before judgment, and increasingly litigants are turning to mediation—negotiation assisted by a third-party facilitator —to resolve their disputes” (Shore, 2012). The hope for mediation is to produce a faster, more economical resolution. The only problem with this theory is that individuals embark upon mediation with the mindset of litigation. These ideals are
Judy Reeves
BSHS/441
July 15, 2013
Melinda Barker
Mediation and Advocacy Literature Review
Mediation is the preferred method of conflict resolution in the majority of litigations. Mediation has many benefits and few risks to the parties involved. Three articles regarding mediation and advocacy will be discussed in this literature review. The articles pertain to cases where mediation was the method used to come to a settlement. This author will provide a reflection on the materials presented.
Article One – Advocacy and Mediation: Home Edition
This article discusses the case of attorney Allen Dershowitz and his client Mia Farrow. Mr. Dershowitz acted as mediator in the family law case of Ms. Farrow. Later Dershowitz represented Farrow in her divorce case. This practice is in direct conflict with the American Bar Association standard that states, "The mediator shall not represent either party during or after the mediation process in any legal matters" (Advocacy and Mediation, 1992). The details of ethical compliance are unknown in this case. It is unclear if Dershowitz was an impartial mediator for the parties. If Dershowitz was, his public discussion of the details of mediation communication is at variance with the ABA standard: "The mediator shall not voluntarily disclose information obtained through the mediation process without the prior consent of both participants" (Advocacy and Mediation, 1992).
Article Two – Four Tricks That Make Mediation Work
Most litigations end at the mediation table, rather than in the courtroom. “Most lawsuits settle before judgment, and increasingly litigants are turning to mediation—negotiation assisted by a third-party facilitator —to resolve their disputes” (Shore, 2012). The hope for mediation is to produce a faster, more economical resolution. The only problem with this theory is that individuals embark upon mediation with the mindset of litigation. These ideals are
References: Advocacy and mediation. (1992, Aug 29). Los Angeles Times (Pre-1997 Fulltext). Retrieved from http://search.proquest.com/docview/281782508?accountid=458 McIvers, K. T. (2006). MEDIATION ADVOCACY IN ELDER ABUSE CASES. Retrieved from http://www.sbcadre.org/articles/0017.htm Shore, R. (2012). Four Tricks That Make Mediation Work. Retrieved from http://www.forbes.com/sites/forbesleadershipforum/2012/07/25/four-tricks-that-make-mediation-work/