My research examines attorneys’ relationship with mediation and specifically how their presence affects the process of mediation itself. I try to analyze these two senses and present the interactive relationship between them and the way they are connected.
First of all in my introduction, I analyze the meaning of the term ‘‘mediation’’ as well as the different mediation forms that exist. I focus then on the differences between mediation and the other Alternative Dispute Resolution models, such as arbitration or mini trials and of course I refer the main benefits and drawbacks of the mediation process. I finish my introduction part with the explanation of the term ‘‘Mediator’’ and which roles he/she can play, something that I consider is necessary so as to understand the main topic which is the lawyers as mediators or as legal counsels in the process.
Following, I turn back in the history background and I write about the evolution of mediation and mediators in different States from the ancient years until now and I refer to the legislation of mediation in European Union as well as in other countries.
I separate the main topic of my research in four parts: a) Lawyers as gatekeepers of mediation, b) Role of lawyers in mediation and how they affect the process, c) Mistakes of lawyers during the mediation process and d) Parties’ participation in the process. These parts indicate the exploration of the motives of lawyers who have seen fit to engage with the process as well as the advantages and disadvantages that this involvement may have, their role during the mediation procedure and some small or sometimes crucial mistakes they may make. Finally, I underline that it is the parties’ choice of whether the lawyer attends the session(s), as well as the extent of participation by the lawyer in the process.
In the forth chapter I make a short review of the situation in Greece. Firstly, the framework of Mediation in Greece, meaning the Greek Law on mediation, some examples of Greek Mediators and last but not least, I add some research about what happening now and what are the future opportunities of mediation and lawyers in it.
In the final chapter I try to reach some conclusions about this Alternative Dispute Resolution model and this strange and interactive relationship between attorneys and mediation.
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