A provisional typology of lawyer attitudes towards divorce practice

To test the proposition that attorneys in divorce may be classified into distinctive types, 46 members of the Family Law Section of the New Jersey State Bar Association completed a 61 item Lawyer Role Questionnaire (LRQ). The LRQ assessed attitudes regarding goals of and obstacles to a constructive settlement, sources of professional satisfaction, usefulness of mental health professionals, and general attitudes towards divorce and divorce clients. The modal responses on the LRQ portrayed the attorney as a fair, but tough-minded professional, primarily concerned with the welfare of children and ensuring equity. Factor analysis identified four principal attitudinal components of the LRQ: aPsychological factor, anAdvocacy factor, aSocial Work factor, and aClient as Problem factor. Hierachial cluster analysis utilizing the mean factor scores yielded two highly distinguishable attorney subgroups:Counselors (n=24), oriented to psychological and interpersonal issues and disinclined towards the use of adversarial tactics, andAdvocates (n=22), with the reverse orientation. Two subclusters of these main groups were also identified:Gladiators (n=4), with a strongly combatative stance and a highly negative attitude toward the client, andJourneymen (n=10), best characterized by their lack of enthusiasm for any of the dimensions popular with the other types. The results correspond well to the previous, but scanty, literature on lawyer dispositions. Methodological and conceptual issues raised by the study are considered and the possible relationship between lawyer type and the process and outcome of settlement negotiations is discussed.An earlier version of this paper was presented at the meeting of the American Psychology-Law Society, Baltimore, Maryland, October, 1979.     

WHY PARTIES AGREE TO MEDIATE

Although proponents of mediation have identified various advantages of mediation over other dispute resolution processes, utilization rates for many mediation services remain far below the expectations of their benefactors. This naturalistic inquiry explores why clients of child protection mediation actually chose to participate in mediation, and identifies differences with proponents' views of what makes mediation desirable.     

Fairness and participation in evaluation procedures: Effects on task attitudes and performance

A laboratory study was conducted to examine the role of two components of participatory work evaluation procedures on fairness attitudes and work performance. Opportunity for influential opinion expression and knowledge of evaluation criteria were manipulated in a business simulation exercise. Thirty-eight male and 49 female undergraduates worked under a task evaluation procedure that either did or did not allow them to express their opinions to the evaluator. In addition, subjects either were or were not provided with specific information about the criteria to be used in making the performance evaluation, and they received either a favorable or an unfavorable outcome. Questionnaire responses indicated that influential opinion expression enhanced perceptions of procedural and distributive fairness independently of the outcome of the evaluation. Both knowledge of evaluation criteria and perceptions of evaluation fairness correlated with subsequent task performance. The implications of these findings are discussed with respect to understanding the influence of procedural justice on attitudes and task behavior in organizational settings.