While facilitating the resolution of a conflict, the mediator must pay attention to process. In our prescriptive model, mediation process is structured in six steps: session introduction, successive exploration of facts, needs, options, and commitment, and final conclusion. The proposed model...

In the line of the agency question, the lawyer/client relationship cannot escape the risk of conflict of interests. This text broadly redefines the nature of this conflict, and links it to an important source of tension, i.e. fees. We study three types of billing : contingency fees, hourly, and...