Lawyers behaving badly in mediations : lessons for legal educators

Cooper, Donna (2014) Lawyers behaving badly in mediations : lessons for legal educators. Australasian Dispute Resolution Journal, 25(4), pp. 204-211.

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This article will discuss some real life case examples of what will be termed “lawyers behaving badly” where it will be argued that legal representatives have not performed as effectively as they could have in mediation settings. These instances of “lawyer misbehaviour” will be grouped under several broad headings: the Process Thwarter, the Zealous Adversarial Advocate, the Misguided Advisor, the Distributive Bargainer, the Passive Advocate, and the Legal Takeover. Reflecting on these situations will provide guidance to legal educators as to the specific areas of dispute resolution knowledge and skills that future lawyers need to learn and develop.

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ID Code: 78732
Item Type: Journal Article
Refereed: Yes
Additional URLs:
Keywords: Mediation, Dispute resolution, dispute resolution advocacy, Lawyers representing clients, legal aid conference, HERN
ISSN: 1441-7847
Subjects: Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > OTHER LAW AND LEGAL STUDIES (189900) > Law and Legal Studies not elsewhere classified (189999)
Divisions: Current > QUT Faculties and Divisions > Faculty of Law
Current > Schools > School of Law
Copyright Owner: Copyright 2014 Lawbook Co.
Deposited On: 17 Nov 2014 23:27
Last Modified: 19 Nov 2014 05:34

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