Legally Assisted Mediation and the Role of Lawyers
Overview
Getting the best out of mediation for your clients. The evolving role of solicitors, and tips to effectively advocate for your clients.
When a solicitor is preparing for mediation, it is likely that you are typically focused on positions and solutions. In this session, we seek to broaden your approach and explore other ways to engage in the process. In particular, we will be encouraging you to consider moving from an adversarial and solution-focused mindset to an interest-based and collaborative approach. This is becoming part of day-to-day solicitor practice and is no longer alternative (“ADR”) but a primary form of dispute resolution (“PDR”).
In this session we will:
- Cover the Solicitor Conduct Rules (SCR) (2015).
- Describe the prevalence of mediation and negotiation as part of dispute resolution.
- Consider how solicitors can prepare for mediation.
- Look at common models of mediation used in practice.
- Consider the relationship between the mediator and solicitor.
- Bust some common myths and misconceptions.
- Cover modern and contemporary ways of engaging in mediation.
- Discuss the value of taking a collaborative approach.
This session will provide an overview of the principles that can guide you, as well as introducing the key skills you need to ensure that you and your clients are effectively prepared for a legally assisted mediation.
Learning Outcomes:
Attendees will gain an understanding of:
- The mediation process and models.
- How solicitors can prepare their clients for mediation.
- The solicitor’s role in mediation – the advisor, aggressor or advocate.
- Different approaches used by solicitors in mediation.
- Mediator/solicitor communication.
- How mediators and solicitors can share the space in mediation.
Suited to:
Solicitors who work with clients in legally assisted mediations and seek to make a genuine effort to resolve their client’s case.
This On Demand includes:
- a recording of the webinar Event which can be viewed multiple times
- a PDF of the presenter’s PowerPoint
- a verbatim Transcript
- any supporting documentation
- a CPD Certificate after successful completion of the Knowledge Quiz
Course syllabus
3 lessons
- Video – Legally Assisted Mediation and the Role of LawyersVideo
- FeedbackSurvey
- Knowledge QuizTest
Your presenter
Miriam ZieglerRipple Learning
started her career at Minter Ellison before moving into family law. She has nearly 20 years’ experience resolving family, community, and civil disputes. As a law graduate and Harvard trained mediator, Miriam has mediated hundreds of matters in Australia and overseas. Miriam uses a combination of empathetic engagement, analytical thinking, and active listening to manage difficult conversations. In addition to managing disputes, Miriam teaches Dispute Resolution at Western Sydney University and the University of New South Wales. She coaches in the Graduate Diploma of Family Dispute Resolution and National Mediation Accreditation at The College of Law and mediates for Legal Aid, Community Justice Centres and the Law Society of NSW. Miriam is Deputy Chair of the ADR Committee of the Law Society of NSW and a Director of the Mediator Standard Board.
Danielle Jaku-Greenfield has worked in family law in various capacities for over 20 years. She began as a solicitor in both private and community sectors, and moved to mediation in 2007. She is a Nationally Accredited Mediator (NMAS) and registered Family Dispute Resolution Practitioner. She completed her Master of Laws by research from Cambridge, UK.
Currently, she is primarily at Relationships Australia, offering a service called ACCESS FDR, which provides online family dispute resolution to regional and remote NSW, the disability community and anyone with access issues, who cannot otherwise access mediation services. In addition, she coaches in the Graduate Diploma of Family Dispute Resolution and teaches in the Master of Laws at the College of Law. She enjoys training professionals in mediation skills. She is also currently studying a Diploma of Counselling.
Ripple Learning is a social enterprise which facilitates customised workshops for workplaces on the skills people need to resolve conflict, manage stress and maximise performance. 100% of profits are directed to effective youth mental health services.