![handle is hein.journals/amjm6 and id is 1 raw text is: AMERICAN JOURNAL OF MEDIATION
Editorial Board Introduction
The Sixth volume of the American Journal of Mediation
continues our editorial philosophy of visiting a wide range of dispute
resolution topics throughout the world. In this issue we look at
reconciliation of family business disputes, a recent national directive
in Spain calling for mediation in commercial conflicts, ethical issues in
representing clients in mediated negotiations, the neurological impact
of facilitated negotiation techniques on mediation participants, and a
fanciful review of mediation tactics as they might have been used in
ancient Greece and the Wizarding World of Harry Potter.
Leading us off, Stuart Duhl, an attorney, mediator and adjunct
professor at Loyola University Chicago Law School, outlines the role
of a family business lawyer as both a mediator and an architect of
dispute resolution processes in anticipating and dealing with the very
real problems of family business disputes. Building upon the trust
and respect typically accorded to long time family lawyers by family
members, Mr. Duh] suggests several compelling proposals for steering
family conflicts away from the destructive forces of litigation.
Skipping over the Atlantic, we then visit with distinguished
Senior Lecturers Aura Esther Vilata from Spain's University of
Catalonia and Rosa Perez Martel from University of Las Palmas
de Gran Canaria, who explore the ramifications of Spain's recent
Royal Decree-Law on mediation in the Spanish commercial business
community. Spain, like many other EU countries is now firmly seeking
a place within the global ADR community.
Back to the United States and Atlanta, Georgia, our own ACCTM
Fellow John Sherrill leads us through a thoughtful review of ethical
issues frequently encountered by attorneys representing clients in
mediation sessions. Mr. Sherrill demonstrates how professional duties
of zealous advocacy, allocation of authority, candor and confidentiality
can come into conflict in the muddy waters of ethical standards for
lawyers in settlement negotiations, how to recognize these potential
problems, and how to work through them when they arise.
Emily Fusting, a Juris Doctorate candidate at Benjamin
Cardozo School of Law brings us to a fascinating intersection of
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