Attorneys' Negotiation Strategies in Mediation: Business as Usual?
Department
Political Science and 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 Title
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