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Mediation Advocacy: Partnering with the Mediator

Lawrence, James K. L.. Ohio State Journal on Dispute Resolution, Jan. 1, 2000

This article focuses on the ways in which an attorney can be an effective advocate in mediation. The advocate must change from a litigator's adversarial mindset to an advocate's mindset of cooperative negotiation. The advocate must prepare in a different manner than he or she would for an adversarial negotiation or trial and it is important for the mediator to believe that the advocate is accepting of the process and seeks resolution through mediation. The author believes that the advocate plays an important role in identifying the interests of the parties as well as finding and evaluating options.

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