Barking Dogs: Lawyer Attitudes Towards Direct Disputant Participation in Court-Connected Mediation of General Civil Cases
AbstractDirect disputant participation is a vehicle for the delivery of fundamental attributes of mediation, such as self-determination; empowerment; and focus on the individual disputants. However, in court-connected mediation practice, disputants often rely upon a professional spokesperson rather than participating directly. This article examines lawyer attitudes and practices in relation to the direct participation of their clients in court-connected mediation. The lawyer perspective is compared to the traditional mediation perspective of direct disputant participation. That comparison provides some explanation for the nature of court-connected mediation practice. Some implications arising from the trends of disputant participation in court-connected mediation are considered.
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