Representing clients from courtroom to mediation settings : switching hats between adversarial advocacy and dispute resolution advocacy

In the vast majority of cases legal representation in mediation can provide many advantages for clients. However, in some, progress can be thwarted when lawyers do not understand the goals of the mediation process and their dispute resolution advocacy role. This article will explore some of the similarities and differences between the knowledge and skills that lawyers can draw upon when representing clients in adversarial court hearings as compared with non-adversarial settings, such as in mediations. One key distinction is the different approaches that legal representatives can use to effectively act in the best interests of clients. This article will highlight how an appreciation of such distinctions can assist lawyers to “switch” hats between their adversarial and non-adversarial roles. In particular, an understanding that the duty to promote the best interests of clients in mediation is consistent with a collaborative and problem-solving approach can greatly assist in the resolution process.

Five Women in Hats with Landscape

Digital image

Signed Tintype of African American Men in Derby Hats [n.d.]

This undated small black and white tintype, slightly scratched, discolored and bent with age, shows a group of Black men posing for an unknown photographer. There is handwritten signature scratched into the reverse which appears to read "B.J." and "Owen" (see digital image of reverse). The original also has a hand-drawn "X" over the face of the seated man in the middle. This tintype was in the possession of Iris Sloman Bell, of St. Catharines, Ontario. The Sloman - Bell family descendants include former American slaves who settled in Canada."Tintypes were the invention of Prof. Hamilton Smith of Ohio. They begin as thin sheets of iron, covered with a layer of black paint. This serves as the base for the same iodized collodion coating and silver nitrate bath used in the ambrotype process. First made in 1856, millions were produced well into the twentieth century. When tintypes were finished in the same sorts of mats and cases used for ambrotypes, it can be almost impossible to distinguish which process was used without removing the image to examine the substrate." Source: American Museum of Photography http://www.photographymuseum.com/primer.html

Receipt from Henry Carlisle, Importer of Dry Goods and Millinery, St. Catharines for hats

Receipt from Henry Carlisle, Importer of Dry Goods and Millinery, St. Catharines for hats, Dec. 31, 1886.

Receipt from John Henderson and Co., Manufacturers of Hats, Caps and Furs and dealers in Indian Curiosities

Receipt from John Henderson and Co., Manufacturers of Hats, Caps and Furs and dealers in Indian Curiosities, Montreal for furs and buttons, Oct. 13, 1887.

Vote related to the wearing of hats in Chapel, 1801 July 17

Handwritten copy of a vote of the Harvard Faculty on one leaf prohibiting the wearing of hats in Chapel. The document is signed by President Joseph Willard, and also includes a note that Joseph Emerson was selected as a Tutor.

Simplified steps in making and designing hats.

Mode of access: Internet.

The gentlemen in the white hats; dramatic episodes in the history of the Texas rangers,

Mode of access: Internet.

Cottage economy: containing information relative to the brewing of beer, making of bread, keeping of cows, pigs, bees, ewes, goats, poultry and rabbits, and relative to other matters deemed useful in the conducting of the affairs of a labourer's family; to which are added, instructions relative to the selecting, the cutting and the bleaching of the plants of English grass and grain, for the purpose of making hats and bonnets.

Mode of access: Internet.

Cottage economy : containing information relative to the brewing of beer, making of bread, keeping of cows, pigs, bees, ewes, goats, poultry and rabbits ... to which are added, instructions relative to the selecting, the cutting and the bleaching of the plants of English grass and grain, for the purpose of making hats and bonnets /

Bound with: The English housekeeper by Anne Cobbett.

People in Mexican Hats Playing Music

Saline Valley Farms was an experiment in cooperative farming and living begun in 1932 by Harold S. Gray.