Date of this Version


Document Type

Journal Article

Publication Details

Published version

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

Access the journal

Copyright © The Author, 2015

2015 HERDC submission




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.

Included in

Law Commons



This document has been peer reviewed.


To view the content in your browser, please download Adobe Reader or, alternately,
you may Download the file to your hard drive.

NOTE: The latest versions of Adobe Reader do not support viewing PDF files within Firefox on Mac OS and if you are using a modern (Intel) Mac, there is no official plugin for viewing PDF files within the browser window.