Studies have shown there are marked shortcomings in lawyers’ understanding of the mediation process and of their role during a mediation when it comes to advising their clients.
The Centre for Dispute Resolution (Cedr) has long advocated lawyer training in this field, and believes it is necessary that a more formal requirement for improving mediation representation skills needs to be put in place.
Of course, litigation practice within the civil procedure rules (CPR) remains the foundation of the civil justice system, together with the individual’s right to have access to the courts. While we do not propose a fundamental change to a solicitor’s basic training, we do strongly suggest that mediation skills must urgently become a mainstream element within it.
