The Negative Impact of Attorneys on Mediation Outcomes: A Myth or a Reality?

Authors


Jean Poitras is a professor in the department of human resources management at HEC Montréal, Canada. His e-mail address is jean.poitras@hec.ca.

Arnaud Stimec is a professor at the Université de Nantes in Nantes, France. His e-mail address is Arnaud.Stimec@univ-nantes.fr.

Jean-François Roberge is a professor at the Université de Sherbrooke in Quebec, Canada. His e-mail address is Jean-Francois.Roberge@USherbrooke.ca.

Abstract

Mediators often do not welcome the presence of attorneys at the mediation table. Because of the apparent contradictions between both professions, many mediators believe that the presence of attorneys is prejudicial to the mediation process. Using empirical data collected from workplace mediation cases, we have explored the actual impact of the presence of attorneys. Our results indicate that the presence of an attorney does not significantly affect the outcome of a mediation, with two exceptions. First, the presence of attorneys in a mediation process reduces the parties' level of satisfaction with the mediator. Second, the presence of an attorney would appear to hinder the level of reconciliation possible between the parties.

Ancillary