The article, "Representation in Mediation: What we Know from Empirical Research," resulted from Wissler's review of the empirical literature on the effects of representation, or lack of representation, in mediation. Finding that few studies had examined this question, Wissler conducted original analyses of existing datasets to examine the effect of representation on the mediation process and its outcomes.
Wissler concluded that unrepresented parties might face fewer problems in mediation, and lawyers might create fewer problems than some fear, although the available research is too limited to conclude that lawyers are essential or detrimental to mediation. The research suggests that how lawyers represent clients during mediation affects the parties' assessments of mediation and settlement.
To read the full article, click here.
Wissler, a Faculty Fellow in the College's Center for Law, Science & Innovation, conducts empirical research on mediation, arbitration, and other alternative dispute resolution (ADR) processes. Her research and writing address various policy issues relating to ADR and examine the factors that contribute to the use and effectiveness of ADR processes. Her other research interests include alternate compensation systems and decision making concerning liability and damages in civil cases.