Mediation in Ireland

A bill in Ireland would obligate lawyers (barristers and solicitors) to advise their clients to consider using mediation to resolve disputes. "In addition, when court proceedings are launched, it will also oblige the parties to confirm to the court they have been advised about the mediation option, and have considered it." The Irish Times goes on to say "The Bill will be received as a significant move to place the mediation option at the centre of the legal process."

The Psychology of Procedural Preference: How Litigants Evaluate Legal Procedures Ex Ante

UC Davis Law Professor Donna Shestowsky's PhD in psychology along with her law degree enable her to do a lot of interesting research on ADR.  She surveys civil litigants at the start of their cases and finds that litigants like mediation, bench trial, and negotiations with both lawyers and clients present.  She also finds, as Andrea Schneider puts it,  that "Repeat players – those who had been either a defendant or plaintiff in a prior case – liked the idea of using binding arbitration for their case more than first-time litigants. 'This finding resonates with the idea that repeat litigants are more likely than first-time litigants to appreciate the fact that trials are often associated with painful, protracted discovery and the threat of an appeal.'”

Mediation Advocacy

These tips on mediation advocacy are aimed at plaintiffs' lawyers but are widely transferable.

Examples: "Don’t reveal your bottom figure too soon, even to the mediator."

"Be patient. Most large cases do not settle quickly. It may take more than one session."

Your client's "anger will create an impediment to settlement. In addition, your client may not understand why her lawyer is candidly admitting weaknesses."

These tips for lawyers representing clients in mediation are by Roger Booth via Donna Cole.

Representing Clients in Mediation

These slides offer an introduction to mediation and basics for lawyers representing clients in mediation.