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15 Negot. J. 107 (1999)
Is There a Niche for Lawyers in the Field of Mediation

handle is hein.journals/nejo15 and id is 106 raw text is: Is There a Niche for Lawyers in the Field of Mediation? David A. Hoffman I agree with the underlying con- cerns expressed in the preceding column by Ericka Gray about the use of the term non-lawyer mediator.' I find it alarming that many ADR pro- grams (such as a majority of federal court ADR programs) limit participa- tion to lawyers. Such programs do a disservice to the public and to the field of mediation. (I find it hearten- ing that the American Bar Associa- tion's Section of Dispute Resolution recently adopted a resolution calling for an end to such restrictions.2) Ericka's column correctly identi- fies the underlying problem as a turf issue. Some lawyers have entered the field of mediation like the proverbial bull in the china shop, with little regard for the hard work that pioneers in the field have done to develop standards for training, ethics, and qualifications. Many of my colleagues in the bar believe that their law degrees alone qualify them to be dispute resolvers, and they have little regard for the thousands of mediators who come from a vari- ety of professional and nonprofes- sional backgrounds. Many of these technically proficient mediators work in community programs with- out compensation because of their love for this important work and their dedication to healing the rifts in our society. When the term non-attorney is used scornfully or dismissively to describe these colleagues, it is painful, and I stand shoulder-to- shoulder with Ericka and other mediators who seek to end this David A. Hoffman is a partner in the Boston law firm Hill & Barlow, where he chairs the ADR Prac- tice Group. He serves as a mediator, arbitrator, and case evaluator for a number of dispute resolution organizations, and is president of the New England Chapter of the Society of Professionals in Dispute Resolution (SPIDR). He teaches Advanced Mediation and Family Practice at Harvard Law School. His mailing address is: Hill & Barlow, One International Place, Boston, Mass. 02110; email dhoffman@hill- barlow.com. 0748S4526/99/0700-0107$16.00/0 © 1999 Plenum Publishing Corporation Negotiationjournal April 1999 107

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