Law & Society Review · 1994 · 45 citations · 38 references
LawFamily LawCase ManagementDivorce LawMediationDivorceMarital Conflict ResolutionMediator RolesPost-divorce Conflict ResolutionClient ParticipationDivorce LitigationDivorce Settlement NegotiationMediation After DivorceSettlement Mediation
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.
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Bargaining in the Shadow of the Law: The Case of Divorce
Robert H. Mnookin, Lewis A. Kornhauser · The Yale Law Journal · 1979 · 1.5K citations · Full text
Law, Family Law, Jurisprudence +16
Do the Merits Matter? A Study of Settlements in Securities Class Actions
Janet Cooper Alexander · Stanford Law Review · 1991 · 323 citations
Law, Corporate Law, Finance +14