Fundamental Misconceptions about Mediation Advocacy

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