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Lawyer Resistance to Mediation

  • Bryan Clark
Chapter

Abstract

This chapter focuses on the controversial and complex issue of lawyer resistance to mediation. Despite the widespread growth of mediation globally, increasing mediation activity by lawyers and positive views on the process that many espouse, evidence suggests that some lawyers (perhaps the majority), as gatekeepers to mediation’s acceptance, remain resistant to the process. By reviewing evidence of lawyer activity with regard to mediation across a range of jurisdictions and by examining empirical evidence in the field, the chapter identifies and explores a number of reasons that lawyers may hold for resisting mediation. Such potential reasons include ignorance and misunderstanding relative to the process; cultural barriers arising from traditional legal practice and professional norms; professional self-interest and financial imperatives; and doubts as to the utility of mediation. A number of underpinning issues are analysed in seeking to explain why, and/or the extent that barriers have been erected to mediation’s growth. Such issues include: standard legal education and training, the traditional lawyer-client relationship and the nexus of control regarding dispute handling decisions; and the negative public perceptions of lawyers.

Keywords

Dispute Resolution Legal Profession Legal Culture Legal Education Mediation Scheme 
These keywords were added by machine and not by the authors. This process is experimental and the keywords may be updated as the learning algorithm improves.

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Copyright information

© Springer-Verlag Berlin Heidelberg 2012

Authors and Affiliations

  1. 1.University of Strathclyde Law SchoolGlasgowUK

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