ABSTRACT

Many believe that lawyers’ adversarial methods and mindsets are inherently inconsistent with mediation.1 Lawyers’ emphasis on advocacy and winning is seen as ill-suited to mediation’s nonadversarial, problem­ solving approach to dispute resolution. Yet, as mediation grows increasingly common,2 lawyers are frequently accompanying their clients to

mediation and often play a critical and direct part in the process.3 Particularly where disputes are complex or involve relatively large sums of money, it is likely that one or both disputants will be represented by an attorney at the mediation.