Date of this Version

3-1-2015

Document Type

Journal Article

Publication Details

Published version

Wolski, B. (2015). On mediation, legal representatives and advocates. UNSW Law Journal, 38(1), 5-47.

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Copyright © The Author, 2015

2015 HERDC submission

ISSN

0313-0096

Abstract

Extract: Mediation has become an integral part of the civil justice system in Australia. As a consequence, lawyers are frequently called upon to represent their clients in mediation. Mediation may come about: by private arrangement between the parties; as a result of legislative directive; or as a consequence of court or tribunal initiative. Regardless of how it eventuates, lawyers are governed in mediation by ‘the law of lawyering’, a body of law that includes the rules of conduct issued by the professional associations to which lawyers belong. These associations have not promulgated additional or supplementary rules of conduct for mediation practice, leaving legal representatives to be governed by the profession’s generic rules of conduct. Some law reform agencies and commentators have argued that mediation requires its own rules but discussion on the issue has stalled.

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