Mediation is a form of alternative dispute resolution (ADR) that is increasingly being used in legal disputes. It involves a neutral third party – the mediator – who helps the parties in a dispute to reach a mutually acceptable agreement. Mediation can be a faster, cheaper and less confrontational way to resolve disputes compared to traditional litigation, and can be particularly effective in complex cases or where there is a need to preserve ongoing relationships.
As lawyers, we are trained to represent our clients in adversarial legal proceedings. However, the role of lawyers is evolving, and many are now embracing the role of mediator. This shift in focus from adversarial representation to conflict resolution is in response to a growing recognition that the traditional approach to dispute resolution can often be costly, time-consuming and stressful for all involved.
There are many advantages to using lawyers as mediators. Firstly, lawyers are trained in the law and have a deep understanding of the legal system. This means they are able to identify legal issues and provide guidance on the legal implications of a dispute. Secondly, lawyers are skilled communicators and are able to help parties to a dispute to articulate their concerns and interests. Thirdly, lawyers are trained to be neutral and impartial, which is essential for effective mediation.
One of the key advantages of using lawyers as mediators is that they can provide legal information and advice to the parties involved in a dispute. This can be particularly helpful in cases where one or both parties are not represented by lawyers. Lawyers can explain the legal process, identify legal issues, and provide guidance on the legal implications of different options for resolving the dispute.
Another advantage of using lawyers as mediators is that they can help parties to a dispute to reach a more creative and tailored solution than a court could impose. This is because lawyers have a deep understanding of the law and can help parties to think outside the box and come up with solutions that meet their particular needs.
To become a mediator, lawyers must complete specialized training in mediation and conflict resolution. This training typically covers topics such as negotiation skills, communication, conflict resolution theory and practice, and ethics. Lawyers must also adhere to ethical guidelines that require them to maintain their neutrality and impartiality at all times.
The role of lawyers in the legal profession is evolving, and many are embracing the role of mediator. Mediation is a faster, cheaper and less confrontational way to resolve disputes compared to traditional litigation, and can be particularly effective in complex cases or where there is a need to preserve ongoing relationships. By using lawyers as mediators, parties to a dispute can benefit from their legal expertise, communication skills, and impartiality.