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Lawyers' Participation in Mediation: Facilitation Tool or Obstacle to Conflict Resolution?

Journal article | September 2020 | Available for purchase & free for members

Abstract

This article undertakes a critical analysis of lawyers' participation in the mediation process to determine its impact on the performance of the mediators' mission. It postulates that lawyers can be an obstacle to mediation due to negative behaviour patterns and a winning mindset they have acquired in their practice. On the other hand, it argues that lawyers can contribute to the success of a mediation through the empowerment of their clients but also through their cooperative attitude towards the mediator. The article concludes that mediation remains a real challenge for lawyers as this process reveals the mutation that the legal profession is undergoing nowadays.

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Thanks

We thank the author of this article Sabrine Malki-Butcher and the journal editor Russell Thirgood for their contribution to this journal.

Tags: Due process, Dispute resolution, legislation, appeals, arbitration