Skip to main content Accessibility help
×
Hostname: page-component-76fb5796d-wq484 Total loading time: 0 Render date: 2024-04-28T04:15:16.227Z Has data issue: false hasContentIssue false

6 - Lawyers and Other Professional Mediation Supporters

Published online by Cambridge University Press:  01 September 2022

Ronán Feehily
Affiliation:
University of Canterbury, Christchurch, New Zealand
Get access

Summary

Many jurisdictions require lawyers to advise clients about mediation. As gatekeepers of the process, lawyers have duties to fulfil before the mediation starts, during the process and when it ends. There are ethical considerations that mediators must consider and potential legal liability to bear in mind. While it is important to distinguish between acting as a lawyer and as a mediator to ensure there is no conflict of roles, the two roles can also have a symbiotic relationship. Observing the work of lawyers in mediation from a detached perspective is beneficial, as opportunities arise to see behaviours that are counter-productive and behaviours that are constructive. This acquaints a lawyer with a variety of ways to respond to difficult behaviours by clients or opposing counsel that can help in meeting the parties’ substantive needs. Mediation has been instrumental in the emergence of the ‘new lawyer’ – a professional who has a greater focus on the potential for interest-based bargaining and problem solving, and accepts the value of non-legal solutions to legal problems. The flexibility of the mediation process can also facilitate expert involvement in a non-adversarial way.

Type
Chapter
Information
International Commercial Mediation
Law and Regulation in Comparative Context
, pp. 140 - 161
Publisher: Cambridge University Press
Print publication year: 2022

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×