LAWYERS, MEDIATION, AND THE MANAGEMENT OF DIVORCE PRACTICE

Despite a widespread assumption that divorce mediation and divorce law yers are incompatible, lawyers do play active-if largely unexamined-ro les in many mediation programs. This article reports on the work of la wyers in a state with mandatory mediation. We find that lawyers in Mai ne have generally embraced mediation because it helps them manage prob lems inherent in divorce practice. Mandated divorce mediation facilita tes both settlement negotiation and trial preparation, permits client participation in decisionmaking without requiring lawyers to surrender control, provides a forum for resolving both legal and nonlegal issue s, and promotes efficient case management.