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Law Practice

Dec. 22, 2009

'Caucused Mediation,' a Wolf in Sheep's Clothing

Marco Turk of CalState Dominguez Hills addresses the resistance lawyers have shown when informed of ethical considerations for mediations.

A. Marco Turk

Emeritus Professor, CSU Dominguez Hills

Email: amarcoturk.commentary@gmail.com

A. Marco Turk is a contributing writer, professor emeritus and former director of the Negotiation, Conflict Resolution and Peacebuilding program at CSU Dominguez Hills, and currently adjunct professor of law, Straus Institute for Dispute Resolution, Pepperdine University Caruso School of Law.

Having graduated law school in 1960, I was not exposed to any formal course on negotiation. That is something that has come into vogue only in later years. So I came from the point of view that "anything goes" when it comes to negotiation. The goal was to do whatever had to be accomplished in order to win for the client. Well, in case you haven't noticed, things have changed since 1960.

Law schools have entered the arena of "hard knocks" bargaining and have attempted to establish a ...

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