The first part of this article presents some background information about mediation and the current mediation trend, emphasizes that the use of mediation is dangerous and inappropriate when one disputant has been abused by the other, and identifies potential problems for women which may be created by family mediation. The second part of this article focuses on the role and responsibilities of the attorney advocate when the client chooses, or is compelled, to mediate, with particular attention to the special concerns involved in representing battered women. In the scholarly literature, much time and energy has been devoted to issues addressed in the first part. Little guidance is available, however, to attorneys who must confront the reality of mediation and its impact on their relationships with clients. Hopefully, the second part of this article will stimulate discussion of this relatively unexplored topic.
Mary Pat Treuthart,
In Harm's Way? Family Mediation and the Role of the Attorney Advocate, 23 Golden Gate U. L. Rev.