Representing clients from courtroom to mediation settings : switching hats between adversarial advocacy and dispute resolution advocacy

Cooper, Donna (2014) Representing clients from courtroom to mediation settings : switching hats between adversarial advocacy and dispute resolution advocacy. Australasian Journal of Dispute Resolution, 25(3), pp. 150-158.

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Abstract

In the vast majority of cases legal representation in mediation can provide many advantages for clients. However, in some, progress can be thwarted when lawyers do not understand the goals of the mediation process and their dispute resolution advocacy role. This article will explore some of the similarities and differences between the knowledge and skills that lawyers can draw upon when representing clients in adversarial court hearings as compared with non-adversarial settings, such as in mediations. One key distinction is the different approaches that legal representatives can use to effectively act in the best interests of clients. This article will highlight how an appreciation of such distinctions can assist lawyers to “switch” hats between their adversarial and non-adversarial roles. In particular, an understanding that the duty to promote the best interests of clients in mediation is consistent with a collaborative and problem-solving approach can greatly assist in the resolution process.

Impact and interest:

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ID Code: 75584
Item Type: Journal Article
Refereed: Yes
Keywords: Mediation, Dispute resolution, dispute resolution advocacy, Lawyers representing clients, role of lawyers
ISSN: 1034-3059
Subjects: Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100) > Law not elsewhere classified (180199)
Divisions: Current > QUT Faculties and Divisions > Faculty of Law
Current > Schools > School of Law
Copyright Owner: Copyright 2014 Thomson Reuters (Professional) Australia Limited
Deposited On: 26 Aug 2014 23:48
Last Modified: 30 Aug 2014 02:47

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