Mediation for Lawyers

Abstract

A comprehensive resource for lawyers involved in mediation. Mediation for Lawyers is also an ideal reference for students of alternative dispute resolution methods such as mediation. The focus of this book is on practical application of theory. It is founded in current mediation theory relating to the range of models used in Australia, and includes detailed contextual information including the legislative frameworks for mediation in different jurisdictions.

Research Background: All Australian scholarship on mediation has been focused on the role of the mediator. There was very little Australia scholarship on the role of the lawyer, advising and representing parties in mediation. The research question is "How can lawyers practice effectively within the mediation environment?"

Research Contribution: This is the first and currently the only Australian work on the role of the lawyer in mediation. The book presents new frameworks for Australian lawyers to understand and approach mediation. New knowledge is presented particularly in chapters about working with the mediator prior to the process, role options during mediation, confidentiality and professional responsibilities.

Research Significance: The significance of this work is that it compares and contrasts the lawyer's role in litigation and other adversarial processes with the role of the lawyer in mediation. It contributes to a greater understanding of the legal, ethical and practical issues for lawyers in this context. The work has received favourable reviews from lawyers and mediators in Australia. It is a set text in many law school subjects in Australia, and is used by many practitioners as a reference.