The master's thesis entitled "Lawyers as Advocates for their Clients' Interests in Mediation" presents the position and functions of lawyers as advocates for their clients in mediation proceedings, with an emphasis on recommendations on how to act in such proceedings. The mediation process itself is briefly outlined, as well as the difference between mediation and litigation and traditional negotiation. This is followed by a brief summary of the Slovenian legal framework in the field of mediation. The lawyer's position as a party's advocate in mediation is then described, with particular emphasis on the theoretical approach that a lawyer should take in mediation and the different roles that he or she can play as an advocate in mediation. This is followed by a brief description of the ethical aspects of advocacy in mediation and an overview of the rules and guidelines worldwide and in Slovenia. The work also presents the functions of the advocate before, during and at the end of or after the mediation. Finally, there is a brief overview of the importance of lawyers in mediation, starting with the importance of training of lawyers in mediation, followed by a summary of practitioners' views on the importance of lawyers in mediation and how they influence it.
|