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Lawyers' perspectives on 'what is court-connected mediation for?'

journal contribution
posted on 2023-05-17, 18:19 authored by Olivia RundleOlivia Rundle
This article analyses the results of an empirical investigation into lawyers’ perspectives of the goal of court-connected mediation in the Supreme Court of Tasmania, Australia. The findings of other empirical studies are drawn upon to contextualise the results. The data reveal a tendency for lawyers to emphasise settlement in accordance with the law as the main purpose of court-connected mediation. There was evidence that some lawyers maintain a competitive approach to court-connected mediation, seeking to ‘win’ for their clients with minimal regard to the other party’s goals or to achieve outcomes that reflect a legal assessment of the case. However, where non-legal, satisfaction-related needs were met, many lawyers viewed such outcomes as particularly positive. A mixed range of views was revealed, with the common goals of an opportunity for settlement and a focus on law as a reference point. The findings contribute to knowledge about lawyers’ understandings of ‘what is mediation for?’.

History

Publication title

International Journal of The Legal Profession

Volume

20

Pagination

33-65

ISSN

0969-5958

Department/School

Faculty of Law

Publisher

Routledge

Place of publication

UK

Rights statement

Copyright 2013 Taylor & Francis

Repository Status

  • Restricted

Socio-economic Objectives

Legal processes

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