Mediation is a tool that can significantly relieve the work of lawyers. How he alarms Polish Confederation Lewiatan, However, its potential is not used in Poland.
In Ireland, lawyers are required to notify the client of the possibility of mediation or other alternative means of resolving the dispute – ADR. This is not a requirement in Poland. Meanwhile, there are voices that such an obligation should be included in the Code of Professional Ethics of lawyers.
Need for Education
Like, writes Polish Confederation Lewiatan Lawyers during law education do not gain knowledge of disciplines such as Conflict management, ADR, conflict psychology etc. If they had learned that knowledge, they would certainly have used it more often, and their clients would have been in court less often.
one from comprehensive expertise on mediation and ADR is the "Guidebook on mediation for lawyers" prepared in the framework of the CCBE and CEPEJ work of the European Commission for effective justice.
Mediation Guide
The guide aims to raise the awareness of lawyers in the field of mediation and to describe the various professional challenges, opportunities and incentives for lawyers that arise from the use of mediation, and to present benefits to clients.
It describes the main features of mediation, the role of a lawyer in the process, the role of lawyers and legal associations in creating a mediation-friendly environment.
As noted, mediation facilitates access to justice and gives parties greater autonomy, so that the dispute can be resolved without exposing the state's treasury to judicial costs.
A lawyer who knows how to resolve disputes before a court gains trust and in no way loses financial resources, as using mediation tools he can serve more clients.
Lawyer mediator skills
Lawyers in the role of mediators should have a set of skills. Namely, they should be communicative, able to actively listen, negotiate and analyse. We also need:
understanding of legal concepts such as good faith, confidentiality, privacy, privilege, without prejudice to, contract, enforceable, binding, authorisation, voluntary, self-determination, independence, neutrality, conflict of interest, ethics, breach of professional ethics, etc.;
understanding of conflicting legal arguments;
cost-benefit analysis;
risk assessment;
drawing up draft documents;
position in the community;
professional reputation;
experience and threats to judicial proceedings.