Alternative Dispute Resolution
Feb. 4, 2016
Is mediation the practice of law? Bar won't give a straight answer
In 2009, I wrote a column based on a letter from the State Bar stating that they do not consider mediation as the practice law. However, now the bar appears to be proceeding in direct contravention of that letter.
A. Marco Turk
Emeritus Professor
CSU Dominguez Hills
Email: amarcoturk.commentary@gmail.com
A. Marco Turk is a contributing writer, professor emeritus and former director of the Negotiation, Conflict Resolution and Peacebuilding program at CSU Dominguez Hills, and currently adjunct professor of law, Straus Institute for Dispute Resolution, Pepperdine University Caruso School of Law.
In 2009, I wrote a column titled "Is mediation the practice of law?" It was based on a copy of a letter issued by the State Bar Office of the Chief Trial Counsel Enforcement, dated June 2, 2009, provided to me by the member addressee in a designated case. The letter said, "the State Bar does not consider mediation as the practice of law."
However, the bar appears to be proceeding in direct contravention of that letter. Examining its current application form and instructions for chang...
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