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
Publication Title
Law & Society Review
First Page
149
Last Page
186
Recommended Citation
Craig A. McEwen, Lynn M. 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