School of Economics, Business Administration and Legal Studies, LLM in Transnational and European Commercial Law, Mediation, Arbitration and Energy Law
This paper critically examines the role of lawyers in the mediation process only as party representatives not dealing with their role as mediators. To introduce the unfamiliar reader to alternative dispute resolution (ADR) processes, this thesis provides a general description of ADR characteristics and the various roles of lawyers in ADR legal practice. Following, it examines the major disincentives why lawyers may seek to resist mediation and then, it analyzes in detail the role or lawyers at every stage of the mediation process presenting what happens in the European and Greek mediation regime and identifying lawyers’ most common errors during advocacy.
Subsequently, this research investigates the suitability of lawyers’ involvement within mediation making a recommendation for a more deliberative process in client counselling so as to a more effective use of mediation can be accomplished. Finally, the thesis tries to reach some conclusions about this ADR model as well as the strange and interactive relationship between attorneys and mediation. It is also worth stating that the findings for this dissertation were drawn from the literature and empirical studies in both common law and civil law countries.