文章基本信息

标题：Fundamental Misconceptions about Mediation Advocacy
本地全文：下载
作者：Markus, Richard M.
期刊名称：Cleveland State Law Review
印刷版ISSN：0009-8876
出版年度：1999
卷号：47
期号：1
页码：1
出版社：Cleveland State University
摘要：This article discusses the need for mediation courses in law school. It begins by describing the initial resistance to implementing trial advocacy courses, and how that area eventually grew into its current prolific state. The article then moves to the need for more mediation courses, as well as why mediation should be used more frequently in dispute resolution generally. Next, the author discusses and corrects the primary misconceptions about litigation mediation, including: 1) mediation advocacy is much like trial advocacy, 2) all mediations are substantially the same, 3) mediations are desirable whenever they occur in the resolution process, 4) mediation is suitable for every litigation dispute, 5) mediation advocacy requires little or no preparation, 6) mediation fails if it doesn’t result in a settlement, 7) mediation advocacy is not/cannot be a teachable discipline.
关键词：Trial advocacy; mediation; dispute resolution; mediation misconceptions; teaching mediation in law school