This book charts the historical and current interaction between
lawyers and mediation in both the common law and civil law world
and analyses a number of issues relevant to lawyers' part in the
process. Lawyers have in the past and continue to play many roles
in the context of mediation. While some are champions for the
process, many remain on the fringes and apathetic, while others are
openly sceptical or even anti-mediation in their stance. Yet others
may have embraced mediation but, it is argued, for cynical,
disingenuous reasons. By reviewing existing empirical evidence on
lawyers' interactions with mediation and by examining historical
and current trends in lawyers' dalliance with mediation, this book
seeks to shed new light on a number of related issues, including:
lawyers' resistance to mediation; lawyers' motives for involvement
with mediation; the appropriateness of lawyers acting as mediators
and party representatives; and the impact that both lawyers and the
increasing institutionalisation of mediation have had on the
normative form of the process, as well as the impact that mediation
experience heralds for lawyers and legal systems in general."
General
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