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Lawyers, Mediation, and the Management of Divorce Practice

McEwen, Craig A.; Maiman, Richard J.; Mather, Lynn. Law and Society Review, Jan. 1, 1994

Through interviews with attorneys in Maine, this study examines the roles that attorneys play in divorce mediation and the ways in which they advise their clients about mediation. The authors describe divorce mediation in Maine with respect to corresponding rules, laws and practice. The study reveals attorney's attitudes and habits in utilizing mediation as a method of negotiation and trial preparation, controlling decision-making through those negotiations, identifying their clients' non-legal issues and directing the case through any subsequent stages in the legal process. The authors use the data from their study to explain how growing implementation of mediation will change the practice of divorce law in Maine.

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