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How can family lawyers effectively represent their clients in mediation and conciliation processes?

Cooper, Donna & Brandon, Mieke (2007) How can family lawyers effectively represent their clients in mediation and conciliation processes? Australian Journal of Family Law, 21(3), pp. 288-308.

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Abstract

The role of family lawyers in non-adversarial processes such as mediation and conciliation is quite different from that in adversarial litigation processes. This article conceptualises the non-adversarial role that family lawyers can play in mediation and conciliation processes to assist their clients to reach resolution of their disputes. We will highlight how this non-adversarial role will differ depending on whether the process is a facilitative or advisory process. In facilitative processes mediators merely assist with the communication process and do not suggest options or give views about appropriate settlement outcomes. In advisory processes mediators or conciliators use the benefit of their legal expertise to express views about suitable settlement outcomes, often suggesting a range of outcomes within which courts will be likely to make orders. We term this range the 'boundaries of resolution' and explain the key role of family lawyers to assist in this range being determined accurately by thorough preparation of their clients and cases.

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ID Code: 11011
Item Type: Journal Article
Keywords: family law, dispute resolution, non, adversarial practice, mediation, conciliation
ISSN: 0817-623X
Subjects: Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100) > Family Law (180113)
Divisions: Current > QUT Faculties and Divisions > Faculty of Law
Current > Schools > School of Law
Copyright Owner: Copyright 2007 Lexis Nexis
Deposited On: 28 Nov 2007
Last Modified: 29 Feb 2012 23:33

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