Date Published: Jan 31, 2010
Source: 
Fordham Urban Law Journal
Authors: 
Wissler, R.
Volume: 
37
Issue: 
1
Page Numbers: 
419-472

This article provides an overview of research on representation in mediation, presenting both original research and a review of existing studies. With a primary focus on court-connected civil cases, Wissler explains "different mediation programs appear to have reached different conclusions about the relative benefits and costs of representation versus lack of representation in mediation."    <P>

The analysis concludes that unrepresented parties report similar levels of satisfaction with the fairness of the process, of the mediator, and of any settlement reached. Further, the article notes that fears commonly expressed about attorney involvement--that the mediation session will be marked by more contention or less focus on emotional and relational issues--are probably unfounded.