Arbitration & Mediation

Is it so hard?

Hey! The intersection where legal principles and the behavioural sciences meet has got to be more interesting than, oh I don't know - say the rule against perpetuities maybe?

If you are a young lawyer under the tyranny of an old lawyer, do yourself a favour and read The New Lawyer: How Settlement is Transforming the Practice of Law underneath the desk during your lunch break (you get one of those, right?).

Or, if you are worried about getting caught, just read this extensive book review online.

Best line;
'...pit bulls just don't naturally sit down and chat with a fellow pit bull...'

Contents;
Changes in the Legal Profession and the Emergence of the New Lawyer/Constructing Professional Identity/Three Key Professional Beliefs/Translating the Beliefs into Practice: The Norms of Legal Negotiations/The New Advocacy/The Lawyer-Client Relationship/The Role of the Law and Legal Advice/Ethical Challenges Facing the New Lawyer/Where the Action Is:Sites of Change

Synopsis;
"An adversarial "client warrior" image dominates historical notions of the lawyer, and a commitment to "zealous advocacy" remains one of the core norms of the legal model. Yet structural changes within both the justice system and the legal profession have rendered the "warrior" notion outdated and inadequate, with a shift toward conflict resolution rather than protracted litigation.

The new lawyer's skills go beyond court battles to encompass negotiation, mediation, collaborative practice, and restorative justice. In The New Lawyer, Julie Macfarlane explores the evolving role of practitioners, articulating legal and ethical complexities in a variety of contexts drawn from Canadian and American legal literature as well as from her own empirical research. The result is a thought-provoking exploration of the increasing impact of alternative, consensus-seeking strategies on the lawyer-client relationship, as well as on the legal system itself."

Hat Tip; Vanishing trials: Out-of-court settlements on the rise

Full post as published by mediator blah...blah... on October 13, 2008 (boomark / email).