Title

Attorneys' Negotiation Strategies in Mediation: Business as Usual?

Department

Political Science & International Affairs

Document Type

Article

Publication Date

Winter 2007

Abstract

Negotiation, the standard settlement process for lawsuits, is increasingly being conducted by attorneys in a mediated setting. This article explores the effect of negotiating in mediation on attorneys' negotiation strategies. Attorneys in North Carolina's civil mediation program were surveyed on their attitudes toward negotiation in mediated and nonmediated contexts. Results indicate that attorneys are somewhat more willing to embrace the principles of non-competitive negotiation in mediation than in routine settlement processes. Two implications are that mediation is unlikely to revolutionize the way attorneys negotiate and that mediation can support expanded use of less competitive negotiation without jeopardizing the adversary system.

Journal

Conflict Resolution Quarterly

Journal ISSN

1541-1508

Volume

17

Issue

4

First Page

377

Last Page

390

Digital Object Identifier (DOI)

10.1002/crq.3890170409