Negotiation Law Blog - Paternalism, Self-Determination and the Rule of Law - Comments http://www.negotiationlawblog.com/ Southern California Arbitration Mediation & Conflict Resolution: Settle it Now Dispute Resolution Services: Serving Los Angeles, Beverly Hills, Century City en Copyright 2012 Fri, 23 Mar 2012 01:05:56 -0800 Fri, 23 Mar 2012 01:05:56 -0800 http://www.sixapart.com/movabletype/?v=4.32-en http://blogs.law.harvard.edu/tech/rss Diane Levin Vickie, our profession is fortunate to have people like you who are honest enough to speak up and say what's on their mind. Observing the niceties doesn't necessarily produce frank discussion, and it all too often leave the hard questions unasked.

I applaud you for having the sense (if not the sensitivity) to ask the question you did. Had I been there, I may have beaten you to it. Thanks for repeating it again here. We don't ask it of ourselves often enough.

]]> http://www.negotiationlawblog.com/conflict-resolution/paternalism-selfdetermination-and-the-rule-of-law/#22200 http://www.negotiationlawblog.com/conflict-resolution/paternalism-selfdetermination-and-the-rule-of-law/#22200 CollaborationConflict ResolutionEthicsInternational DiplomacyLegal PracticeMediationNarrativeNegotiationPower of PersuasionSettlementThe CourtsTruth Justice and the American Way Tue, 19 Feb 2008 11:00:22 -0800 Victoria Pynchon Nicholas Fagan Its a classic text book authority position that lawyer is trying to shift into. Your absolutely right, he's not the sole decision maker. You did great with how you responded with a question that put things back into perspective.

]]> http://www.negotiationlawblog.com/conflict-resolution/paternalism-selfdetermination-and-the-rule-of-law/#22201 http://www.negotiationlawblog.com/conflict-resolution/paternalism-selfdetermination-and-the-rule-of-law/#22201 CollaborationConflict ResolutionEthicsInternational DiplomacyLegal PracticeMediationNarrativeNegotiationPower of PersuasionSettlementThe CourtsTruth Justice and the American Way Tue, 19 Feb 2008 11:00:22 -0800 Victoria Pynchon Vickie Thanks to Diane and Nicholas for dropping by and leaving comments.

In response Nicholas' observation, I want to make it clear that I had and have no idea why the parents concluded that their daughter's attorney had the power to make a decision that they opposed.

Both the discussions I had with these parents and other community mediation experiences lead me to believe that in many cases the attorneys do not know that their clients believe themselves to be less powerful than their counsel.

I think that we attorneys sometimes assume our clients understand the system and our role in it better than they actually do.

So I wouldn't jump to the conclusion that the child's attorney made a conscious effort to assume a role of greater authority than he/she possessed. She/he wasn't there, which is why I call this a "shadow" conflict.

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