Lawyer’s role in the mediation


Published by a UUÂãÁÄÖ±²¥ Dispute Resolution expert
Practice notes

Lawyer’s role in the mediation


Published by a UUÂãÁÄÖ±²¥ Dispute Resolution expert

Practice notes
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This Practice Note considers:

  1. •

    the basis of your obligations with regard to Alternative dispute resolution (ADR) generally

  2. •

    your obligations with regard to Advising your client

  3. •

    the specific role you will play in preparing for and attending a mediation, including the characteristics which will need to define your practice and conduct in this respect

  4. •

    any subsequent work you may need to execute after the mediation has ended

Basis of lawyer’s obligations

ADR, and especially mediation is increasingly a feature of modern day Dispute resolution. If you have not attended a mediation before, it is recommended that you seek to do so in order to observe. It is vital that you are able to fully advise your client on the suitability of the dispute for mediation and the potential costs consequences of not being willing to mediate. Some mediation organisations provide specific training for lawyers on how to be an advocate in mediation (eg CEDR) and they will also provide talks for lawyers on mediation. These can be extremely useful to attend before participating

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Jurisdiction(s):
United Kingdom
Key definition:
Alternative dispute resolution definition
What does Alternative dispute resolution mean?

A catch-all phrase describing the resolution of disputes other than by litigation.

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