Guide to Mediation for Lawyers – Contents

27 June 2018   —–    CEPEJ(2018)7

EUROPEAN COMMISSION FOR THE EFFICIENCY OF JUSTICE (CEPEJ)

Mediation Development Toolkit
Ensuring implementation of the CEPEJ Guidelines on mediation

Guide to Mediation for Lawyers
Document elaborated jointly with the Council of Bars and Law Societies of Europe (CCBE)

CONTENTS

CHAPTER 1 – INTRODUCTION

1. Purpose and subject matter
2. Mediation as an alternative to adjudication
3. Mediation as a means of access to justice

CHAPTER 2 – LAWYER’S ROLE IN MEDIATION

1. Lawyer supported mediation
2. What does a mediator do precisely?
3. Main characteristics of mediation
4. The role of lawyers in mediation
   1. Selecting a dispute resolution method as an inherent part of case analysis
   2. Advising the client on the proper conflict resolution method
   3. Assisting the client at and/or outside of the mediation table
   4. Drafting the settlement agreement
   5. Enforcement of the settlement agreement
5. Mediator selection and appointment
6. How to find a mediator
7. Lawyers acting as mediator
8. Conclusion

CHAPTER 3 – ROLE OF BARS AND LAW SOCIETIES IN HELPING TO CREATE A MEDIATION-FRIENDLY ENVIRONMENT

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