Developing Training and Practice Standards for Custody Mediators*

Elwork, Amiram; Smucker, Mervin R.

doi:10.1111/j.174-1617.1988.tb01034.x

Cited by 4 publications

(2 citation statements)

References 30 publications

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“…This evidence supports Elwork's idea that person-centered values and altruistic social concerns contribute to lawyer distress. 65 This makes some sense. Individuals who value humanistic concerns, interpersonal harmony, and interpersonal relationships and who seek to do "right" for others could easily feel disappointed or distressed by a career in the law.…”

Section: Scenario #2: Atypical Attributes Lead To Distressmentioning

confidence: 99%

“…26 He acknowledged the external stressors of law practice (e.g., time pressures, workload, competition, economy, office politics, role conflicts, and adversary system), but he also asserted that there are individual differences (with respect to flexibility, selfcontrol, hostility, self-esteem, values, race, and gender) that make some lawyers more vulnerable to these external stressors than others. 27 A dual-causation model also may explain why lawyers have been hated for centuries (because of the internal personality factors unique to lawyers that create misunderstandings and negative feelings between lawyers and laypeople), but only more recently have lawyers' public images dipped so low and distress levels are so high (because the external stressors present in the practice of law, such as increased competition and overcrowded dockets, have increased in intensity).…”

Section: Law Practice Pressuresmentioning

confidence: 99%

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The Relationship Between Lawyer Personality and Lawyer Distress.

Daicoff¹

Lawyer, Know Thyself: a Psychological Analysis of Personality Strengths and Weaknesses.

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Practically one in five attorneys is impaired enough to require clinical intervention. The amount of mental, psychological, and emotional distress within the legal profession is alarming. Not only is it uncomfortable for distressed lawyers and those who must work with them, but it is potentially devastating to the clients and society served by our profession. We are not likely to render entirely effective assistance of counsel when we ourselves are impaired.An assessment of the current state of the legal profession, therefore, is incomplete without an assessment of the rampant phenomenon of lawyer distress. The previous chapter established the severity and scope of lawyer distress as a discrete problem. However, it may contribute to the other problems making up the tripartite crisis. Lawyer distress probably also fosters deprofessionalism and low public opinion of lawyers. Lawyers' excessive feelings of anger and hostility may affect their interactions with other lawyers, legal personnel, judges, and clients. These feelings may explain some of the Rambo-like behavior complained of in the profession. Law students often cope with uncomfortable feelings by becoming more aggressive and ambitious and by abusing substances rather than by relying on social support, committing suicide, or dropping out of law school; we can expect impaired attorneys Portions of this chapter were iadapted from an article by the author titled Asking Leopards to Change Their Spots: Should Lawyers Change? A Critique of Solutions to Problems With Professionalism by Reference to Empirically-Derived Attorney Personality Attributes, XI GEo. J. L. ETHICS 3 (1998). The author reserved the right to adapt and publish the material.

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Section: Scenario #2: Atypical Attributes Lead To Distressmentioning

confidence: 99%

Section: Law Practice Pressuresmentioning

confidence: 99%

The Relationship Between Lawyer Personality and Lawyer Distress.

Daicoff¹

Lawyer, Know Thyself: a Psychological Analysis of Personality Strengths and Weaknesses.

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Mediators' and lawyers' perceptions of education and training in family mediation

Neilson

1994

Mediation Quarterly

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This article explores the education and training needed by family and divorce mediators, and some of the professional obstacles to future educational developments. These matters, and the issues of mediator education, the attitudes of family lawyers and mediators toward each other, and the early disciplinary formation of mediation, are examined through the eyes of family mediators and lawyers practicing in the Greater London area in 1987 and 1988. The study reveals the historical educational shortcomings of practicing mediators and the problematic tendency of untrained mediators to rely on methods adapted from other disciplines. It suggests that limiting mediation practice to members of particular disciplines is unwarranted, and it points out instead the importance of personal mediator characteristics. Although the lawyers and mediators alike recommended fundamental educational improvements, the study notes the need for caution lest educational developments provoke changes in the essential nature of mediation.

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