Issue 2 (2015)

THE LAWYER’S RULE IN THE PREPERATIONAL STAGE OF THE PROCESS OF MEDIATION

Authors:

Abstract: The important issues regarding the process of mediation must be regulated by the legislation. It must be stated, that the general ethical obligations of lawyers, must also refer to the lawyers taking part in the process of mediation. Except the obligations that are general, the special obligations have to be defined, that will be obligatory only in the process of mediation. The lawyer must assess, if it is a proper case to be solved by mediation. In the process of making the decision, every detail must be considered. During the choice of the representative his/her personal abilities, personal opinion about mediation should be considered. The lawyer should choose the proper style of negotiation in the process of offering the parties to use mediation. Lawyers must define their future tactics and the strategy that will be used in the process. The formation of the strategy must depend on the interests of the client and the basis of the dispute. Lawyer must prepare the case. Client also needs preparation. Lawyer must inform client about the rule of the participants in the process of mediation. The most important is to define the rule of the lawyer. Considering all these mentioned above, the proper changes have to be made in the legislation of Georigia. The obligations of lawyer during the process of mediation should be defined.

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