Lawyer’s role in the mediation
Lawyer’s role in the mediation

The following Dispute Resolution guidance note provides comprehensive and up to date legal information covering:

  • Lawyer’s role in the mediation
  • Basis of lawyer’s obligations
  • Persuading your client to mediate
  • Persuading the other side to mediate
  • Your role in choosing the mediator
  • Preparing for and Mediation—practical arrangements
  • Your role at the mediation
  • Drawing up the settlement agreement

This Practice Note considers:

  1. the basis of your obligations with regard to alternative dispute resolution (ADR) generally

  2. your obligations with regard to advising your client

  3. the specific role you will play in preparing for and attending a mediation, including the characteristics which will need to define your practice and conduct in this respect

  4. any subsequent work you may need to execute after the mediation has ended

Basis of lawyer’s obligations

ADR, and especially mediation is increasingly a feature of modern day dispute resolution. If you have not attended a mediation before, it is recommended that you seek to do so in order to observe. It is vital that you are able to fully advise your client on the suitability of the dispute for mediation and the potential costs consequences of not being willing to mediate. Some mediation organisations provide specific training for lawyers on how to be an advocate in mediation (eg CEDR) and they will also provide talks for lawyers on mediation. These can be extremely useful to attend before participating in a mediation.

Your role with regard to ADR and mediation begins at the very outset of a matter when you review with your client the various dispute resolution options. Unless the contract in dispute contains a dispute resolution clause specifying mediation as the method, the discussion must include