The New Old Lawyer: How Lawyers have Adapted to Mediation to Preserve their Power, Income, and Identity

Abstract

This paper outlines the evolution of mediation in some common law jurisdictions from an idea most lawyers dismissed to a practice most now use. It highlights the attitudes and actions of lawyers as they have adjusted their practices to include mediation, and adapted mediation to suit their needs. In so doing perhaps it provides a glimpse into the future in those jurisdictions where mediation is still struggling for acceptance, and a caution about what price might have to be paid for such success.