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.

View at publisher


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:

Citation counts are sourced monthly from Scopus and Web of Science® citation databases.

These databases contain citations from different subsets of available publications and different time periods and thus the citation count from each is usually different. Some works are not in either database and no count is displayed. Scopus includes citations from articles published in 1996 onwards, and Web of Science® generally from 1980 onwards.

Citations counts from the Google Scholar™ indexing service can be viewed at the linked Google Scholar™ search.

Full-text downloads:

1,368 since deposited on 26 Aug 2014
764 in the past twelve months

Full-text downloads displays the total number of times this work’s files (e.g., a PDF) have been downloaded from QUT ePrints as well as the number of downloads in the previous 365 days. The count includes downloads for all files if a work has more than one.

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

Export: EndNote | Dublin Core | BibTeX

Repository Staff Only: item control page