Discourage litigation. Persuade your neighbours to compromise whenever you can. Point out to them how the nominal winner is often a real loser- in fees, expenses, and waste of time. As a peacemaker the lawyer has a superior opportunity of being a good man. There will be business enough. – Abraham Lincoln.
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Mediation has been known to be a process where only the mediator and the parties are involved or participate in the proceedings depending on the style of mediation. But more and more, mediation is arising as a result of a court order/ direction. What role then does the lawyer or person representing the parties play on behalf of the client at such court appointed mediation.
Lawyers as a matter of course have to be gladiators as they fight for the rights, interest or positions of their clients. They are therefore used to acting as combatants in a field of battle and bring this same manner of approaching issues to mediation. Too often Lawyers are driven by what they think the result ought to be. This posture inevitably slows down the process and hinders a positive outcome or an outcome, which is beneficial to their client.
Mediation is about what the results can be. Therein lies its beauty. It is a cardinal principle of mediation that it is a party driven and party centered process. Experience has however shown that lawyers end up being involved in the process as a lot of the time client’s come to mediation as a result of court directions, having already retained counsel.
Consequently at some point or the other, either you or your firm will be involved in mediation; the importance therefore, of lawyers understanding the process, its dynamics, and their role in it is not only necessary but also essential.
With lawyers getting more involved, it has become expedient that they learn how best to provide support for their clients and put their clients’ case across to achieve maximum results. This way, counsel in such matters act as lubricants rather than obstacles to achieving accord between parties.
The next training is scheduled to hold as follows:
Date: 3 – 4 August, 2020
Time: 9am – 12pm and 2pm – 5pm on both days
Venue: Zoom
To register, kindly contact Chimdimma (08063816153, chimdimma@icmcng.org) or Mercy (07038896753, icmctrainings@gmail.com)
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Authored by Ben Ijeoma Adigwe Esq., ACiarb (UK), LL.M, Dip. in Artificial Intelligence, Director at the Delta State Ministry of Justice, Asaba, Nigeria.
