How does the presence of lawyers affect the process of mediation? You might guess that when one or both sides bring an attorney to a mediation, the process would become more contentious and adversarial, with impasse more likely, than if the parties worked solely with a mediator.
That conventional wisdom is contradicted by new research by professors Jean Poitras of HEC Montréal; Arnaud Stimec of the Université de Nantes, France; and Jean Francois Roberge of the Université de Sherbrooke in Canada. In a study of workplace disputes handled by a professional mediatory in Québec, Canada, mediations conducted with attorneys present were just as likely to be settled as were those without attorneys present. More good news: the presence of attorneys didn’t significantly slow down the mediation process, affect how fair parties viewed the process to be, or alter how satisfied they were with the agreement.
A couple of difference did emerge. First, when attorneys were present, parties viewed their mediators to be somewhat less useful. Second, parties were less likely to reconcile with each other when attorneys were present. Overall, though, the study finds some evidence that lawyers, contrary to their reputation, do not obstruct agreement in mediation.
Adapted from “Should You Bring Your Lawyer,” first published in the Negotiation newsletter, April 2010
Resource: “The Negative Impact of Attorneys on Mediation Outcomes: A Myth or Reality?” by Jean Poitras, Arnaud Stimec, and Jean-Francois Roberge. Negotiation Journal, 2010.
Alan Sharland /
Fascinating that research concludes that the presence of lawyers does not affect whether 'settlement' is reached......so what purpose is there in having them in the room? Being present for the hours they are there must cost a fortune for the parties and so if settlement is just as likely with or without them.....? Interesting also that little 'weight' seems to be given to the fact that parties are less likely to reconcile with each other when attorneys are present.......so the sustainability of the resolution is less with them present as if they have not reconciled with each other as much as they would without lawyers, they are more likely to fall out again. Love the spin on this article to continue to try to justify the presence of lawyers in mediations. But we see through you....oh yes!