Abstract
Professor Love expresses important cautions to lawyers who would think about mediating. Slip-shod mediation is to be avoided, whether carried out by lawyers or others, and whether carried out for former clients or for professional strangers. Training in mediation is important. Beyond training, experience is important, because even forty hours of training will not capture the variety, difficulties, and surprises of real parties in real conflict. Understanding the differences between the evaluative and facilitative approaches to mediation is also critical. Even mediators who choose to evaluate by predicting the court outcome or proposing settlement terms (despite Professor Love's admonition that such a process should not be called "mediation") would be well advised to recognize what they are doing and to understand how it differs from more facilitative mediation.
Publication Title
Clinical Law Review
Volume
5
Issue
2
First Page
643
Recommended Citation
Jonathan M. Hyman,
Letters to the Editor,
5
Clinical L. Rev
643
(1999).
Available at:
https://gretchen.law.nyu.edu/clr/vol5/iss2/13