O papel do advogado no contexto da mediação

Abstract

Thiswork analyzes theattorney s role in mediation, a form of consensual conflict resolution that has veryparticular characteristics that are different from those of traditional litigation. The conflict is viewed broadlyand the mediator assists in reestablishing a positive dialogue between the parties so that they can find the best solution to the case. Within this context,an attorney working with mediation participates in all phases of the process, from the client s choice of the method through to the phase of complying with the agreement reached at the end of the process. It is essential that theattorney understand the principles of mediation andthe essential aspects of this method in order to answer the client s questions and provide assistance during each stage of the process. For this purpose, the researchwill address the significant points of an attorney s activity, divided into three parts: that which comes before the process begins, the mediation itself and the stage after it is completed. Attorneys have a fundamental role in each of these three stages in enabling the parties to meaningfully participate and consciously and responsibly make the necessary decisions at the appropriate times