Mediation Advocacy: The Role of Lawyers in Mediation
By Dwight Golann
The present e-book, Mediation Advocacy, written by Professor Dwight Golann for ADR Center, is published in the context of the EU funded project “Lawyers in ADR”, implemented by ADR Center in cooperation with Utrecht University (Netherlands), University of Deusto (Spain), UEAPME (Belgium), ACB Group B.V. (Netherlands) and ECLA (Belgium) in order to promote mediation in the EU Member States.
“Lawyers in ADR,” which is part of the Specific Programme “Civil Justice” 2007-2013, is the shared name of three connected EU funded projects whose main purpose is the promotion of knowledge and use of the Directive 2008/52/EC of the European Parliament and of the Council of 21 May 2008 on certain aspects of mediation in civil and commercial matters.
More generally, “Civil Justice” aims to promote judicial cooperation among the 27 EU Member States. The activities funded under this programme are meant to contribute to the creation of a genuine European area of justice in civil matters based on mutual recognition and confidence; encourage the elimination of obstacles to the functioning of cross-border civil proceedings in the Member States; improve the daily life of individuals and businesses by enabling them to assert their rights throughout the European Union, notably by fostering access to justice; and improve the exchange of information, contacts, and network between judicial and administrative authorities and the legal profession. Additional information on ADR Center projects within the Civil Justice Programme is available at www.adrcenter.com/civil-justice.
In particular, the above-mentioned projects aim to remove impediments to mediation for EU lawyers, set common standards for mediation advocacy, especially for cross-border cases, and facilitate cooperation and sharing of know-how among lawyers from EU countries in the field of Alternative Dispute Resolution (ADR).
This e-book is for lawyers whose goal is to represent their clients effectively in mediation. It helps lawyers to achieve this goal by explaining how they can use the special format and characteristics of the mediation process, and the unique skills of mediators. The essential message is that a lawyer should be an active, rather than a passive, participant in the process, shaping it and taking advantage of the mediator’s assistance to achieve the client’s goals.
In addition to publishing this e-book, which focuses on the role of outside counsel at the mediation table, ADR Center has implemented a wide series of ADR-related activities such as training courses on civil and commercial mediation for lawyers throughout Europe; a video on cross-border mediation translated into 23 official EU languages; a survey on data gathered to quantify the cost of not using mediation; a website containing the abovementioned project results and many other ADR tools.
ADR Center would like to acknowledge and thank the European Commission for both its dedication to alternative dispute resolution processes and its support for ADR Center’s efforts to expand the scope, impact and availability of ADR practice.