Lawyers, Mediation, and the Management of Divorce Practice

Authors

Craig A. McEwen, Bowdoin College
Lynn Mather, University at Buffalo School of LawFollow
Richard J. Maiman

Document Type

Article

Publication Date

1-1-1994

Rights

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.

DOI

10.2307/3054140

Publication Title

Law & Society Review

First Page

149

Last Page

186

Comments

© 1994 Law and Society Association. Reproduced with permission.

Required Text

© 1994 Law and Society Association. Reproduced with permission.

Recommended Citation

Craig A. McEwen, Lynn Mather & Richard J. Maiman, Lawyers, Mediation, and the Management of Divorce Practice, 28 Law & Soc'y Rev. 149 (1994).
Available at: https://digitalcommons.law.buffalo.edu/journal_articles/746