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

Citation

Rundle, OC, Lawyers' perspectives on 'what is court-connected mediation for?', International Journal of The Legal Profession, 20, (1) pp. 33-65. ISSN 0969-5958 (2013) [Refereed Article]

Copyright Statement

Copyright 2013 Taylor & Francis

DOI: doi:10.1080/09695958.2012.752150

Abstract

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?’.

Item Details

Item Type:Refereed Article
Research Division:Law and Legal Studies
Research Group:Law
Research Field:Law not elsewhere classified
Objective Division:Law, Politics and Community Services
Objective Group:Justice and the Law
Objective Field:Justice and the Law not elsewhere classified
Author:Rundle, OC (Dr Olivia Rundle)
ID Code:85063
Year Published:2013
Deposited By:Law
Deposited On:2013-06-12
Last Modified:2017-12-04
Downloads:0

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