Document Type
Article
Publication Date
8-2024
Abstract
This short article analyzes the meaning of self-determination, and it demonstrates that attorneys generally have much greater ability than mediators to promote parties’ self-determination. I argue that “self-determination” is an admirable but unattainable ideal.
Instead, attorneys and mediators should focus on promoting parties’ best possible decision-making under the circumstances. To optimally promote the quality of parties’ decision-making during mediation sessions, they must be well-prepared before mediation sessions. At that stage, attorneys are in the best position to counsel clients, when they have more time to carefully consider their situation and they are not under pressure to respond to the mediator and the other side. The article concludes with illustrations of two hypothetical cases illustrating how attorneys do and do not promote good client decision-making.
Law school faculty who want their graduates to promote clients’ self-determination in mediation should teach students how to do a good job of representing clients in mediation. This also would help students prepare for the NextGen bar exam.
Recommended Citation
John Lande,
The Important Role of Attorneys in Promoting Parties' Self-Determination in MediationUniversity of Missouri School of Law Legal Studies Research Paper No. 2024-28
(2024).
Available at: https://scholarship.law.missouri.edu/facpubs/1242