The Role of Lawyers in Mediation

Professional Skills

CPD Points 1

Lawyers who excel in courtroom advocacy may not always achieve the same results in mediation. This course provides some practical strategies for lawyers representing clients in mediations.

Courts and tribunals are increasingly utilising ADR processes, including mediation, to resolve disputes more quickly and cost effectively. In this context, is essential for lawyers to understand the importance of mediation as an option for resolving disputes, as well as having familiarity with the different aspects of mediation. This course provides an overview of the role which lawyers play in mediations, from assessing whether a client’s dispute is suitable for mediation, through to successfully representing a client in mediation sessions.

The course provides a brief introduction to mediation and some background on why it is becoming an increasingly popular dispute resolution process. The course also discusses how to assess the suitability of mediation for clients, how to choose a mediator, the preparation of pre-mediation agreements, and provides guidance on how to effectively represent clients in mediations.

Last Reviewed: January 2022

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Author Profile

Kathryn Hallett

Kathryn is a senior lawyer with over 20 years experience specialising in commercial, corporate and employment law. She has also lectured in ADR and Mediation for the University of Western Sydney.

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