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

被引:7
|
作者
Rundle, Olivia [1 ]
机构
[1] Univ Tasmania, Fac Law, Hobart, Tas, Australia
关键词
D O I
10.1080/09695958.2012.752150
中图分类号
D9 [法律]; DF [法律];
学科分类号
0301 ;
摘要
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?'.
引用
收藏
页码:33 / 65
页数:33
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