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Mediation Paradigms And Professional Identities: Can Mediators Activate A New Movement For Justice?, John M. Lande
Mediation Paradigms And Professional Identities: Can Mediators Activate A New Movement For Justice?, John M. Lande
Faculty Publications
This article, written early in the modern ADR era, provided a framework for developing the mediation field. It begins by elaborating William Simon’s critique of the “ideology of advocacy.” Simon argues that the adversary system is supposed to foster values of individuality, autonomy, responsibility, and dignity, but it often undermines those values in practice. This article catalogs a “parade of horribles” experienced by disputants, attorneys, judges, and the public. These include unequal access to justice, procedural rules that frustrate substantive justice, a narrow set of available remedies, a game psychology undermines respect for law and justice, parties’ alienating experience in …
Lawyer's Skills In Negotiations: Justice In Unseen Hands, Jeffrey H. Hartje
Lawyer's Skills In Negotiations: Justice In Unseen Hands, Jeffrey H. Hartje
Journal of Dispute Resolution
The purpose of this article is to identify and explore the processes and dynamics of lawyer negotiation at the skill level. Part I, Operational Skills in Preparation for Negotiation, examines processes and subprocesses of negotiation to develop a background for understanding the potential areas of lawyer skill involved in the operation of negotiation in Section A. Section B explores the preparation skills involved including the analysis and development of a negotiation theory of the case which requires an understanding of the substance of the negotiation, norms, precedent and power combined with fact management and effective characterization of the facts of …