Document Type
Article
Publication Date
5-2025
Abstract
Attorneys regularly represent clients in mediation, yet many do not perform this role effectively. The article is designed to help attorneys better assist clients in making good decisions during mediation. It explores the theory and practice of mediation representation, emphasizing how attorneys can provide excellent client service by counseling clients and communicating effectively with mediators and counterpart attorneys. Ideally, attorneys as act “quasi-mediators,” helping clients make informed, confident decisions while navigating the mediation process. Drawing on the Real Practice Systems checklists and empirical research, the article outlines key tasks before, during, and after mediation sessions. It critiques the inadequate preparation of law students in mediation representation and offers suggestions for legal education reform.
Recommended Citation
John Lande,
The Art of Mediation Representation: Helping Clients Make Good Decisions, 43 Alternatives to the Hight Cost of Litigation 71
(2025).
Available at: https://scholarship.law.missouri.edu/facpubs/1261