Comments on: Mediating between law and mediation: time for both sides to declare a cease-fire

By: Diane Levin

Diane Levin — Wed, 25 Feb 2009 13:52:22 +0000

John, thanks. In my experience, I’ve seen the trash talk come from both sides. A couple of years ago I led a training with two colleagues on “Mediating the Legal Dispute”. Our first day provided an orientation to the legal system and to the rules of attorney professional conduct to mediators who were not attorneys. We were dismayed to hear the depth of the animosity many felt towards lawyers — and also to uncover the depth of misunderstanding and lack of knowledge about the law and lawyers. By the end of the day, those mediators had a very different perspective. It does cut both ways.

I do appreciate your kind words, John, and thank you for your encouragement.

Clayton, I would be grateful if you could show me some specifics. The ABA did issue in February 2002 a Resolution on Mediation and the Unauthorized Practice of Law which made clear that mediation does not constitute the practice of law, a victory for mediators who are not lawyers. (I know that some lawyers remain unpersuaded of course.) What examples can you give me of the ABA’s efforts to push out those who are not lawyers from the mediation profession? Thanks, Clayton. That would helpful. If that’s going on, let’s bring it out in the open.

By: Clayton Gilman

Clayton Gilman — Wed, 25 Feb 2009 10:45:31 +0000

Nice try Diane, I respect you for the “calling” to do so, but… until the ABA changes their tune and stops trying to use the law as a lever to push out “non-lawyers” the “war” will never end.

By: John Folk-Williams

John Folk-Williams — Wed, 25 Feb 2009 06:07:09 +0000

Diane – In public policy practice, I’ve certainly observed the contempt for mediation that some attorneys have – often based on very superficial knowledge of what collaboration is all about. But there are knowledgeable criticisms by lawyers of mediation and similar processes in the public policy field that need to be addressed. Unfortunately these are often glossed over or refuted out of concern to avoid “trashing the field” by many colleagues. I applaud your effort to mediate between the two professions because there is a great deal of misinformation and hostility rather than an attempt to look on them as separate strategies for arriving at meeting clients’ needs.

Fine work, Diane. — John

By: Diane Levin

Diane Levin — Tue, 24 Feb 2009 13:57:05 +0000

DB, great to have you drop by, as always. Yup, the assumption that mediators are just a bunch of Kumbaya-singing, group-hugging sissies has always bugged me. And good for you for demonstrating your effectiveness and proving the naysayers wrong.

By: Mediation Naysayers Abound Despite Popularity | CKA Mediation and Arbitration Blog

Tue, 24 Feb 2009 11:00:35 +0000

[...] unfortunately only reinforces the animosity and distrust between ADR and the law that Diane Levin recently discussed. Really? Does the court need another “who ran the red light?” soft tissue injury case [...]

By: DB Reiff

DB Reiff — Mon, 23 Feb 2009 13:59:22 +0000

I was at a meeting of a community group deciding which of us would be among the six to meet with the mayor of Boston. One person put forth my name saying that my skills would be valuable in the meeting.
Then, someone I didn’t really know said, “You’re a mediator right? We’ll, no offense but we don’t need a mediator. We need tough negotiator.”
And what was his profession? Lawyer.
In the end I did meet with the mayor. As we walked into his office I noticed two very cool guitars by his desk and we chatted about them for a while. The meeting proceeded in a friendly, collaborative manner. So much for toughness.