The Role of Lawyers in Mediation: Insights from Mediators at Victoria's Civil and Administrative Tribunal
journal contributionposted on 29.10.2019 by Kathy Douglas;Becky Batagol
Any type of content formally published in an academic journal, usually following a peer-review process.
Mediation is an increasingly important part of legal practice with the institutionalisation of alternative or appropriate dispute resolution in our legal system. Mediation has been embraced by courts and may be part of pre-action requirements in some jurisdictions. How lawyers can best contribute to mediation has been discussed in the literature and is informed by ethical requirements. This article provides insights into the role of lawyers in mediation using interviews with sixteen mediators at the Victorian Civil and Administrative Tribunal of Victoria. It explores collaborative approaches that lawyers can adopt within the spectrum of roles that lawyers may take when representing a client in mediation developed by Olivia Rundle