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Mediation   Lawyers Are Good Mediators
 

Mediation Lawyers Are Good Mediators

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    Mediation   Lawyers Are Good Mediators Mediation Lawyers Are Good Mediators Presentation Transcript

    • Are lawyers excellent mediators ? Mediaton (in civil and commercial matters) Ankara Bar Association – ADR Center Ankara - Turkey Paul WOUTERS - Advocaat
    • Are lawyers excellent mediators ? Statement : Mediators help people solve their disputes Question : Lawyers are supposed to be “dispute solvers” – are they “natural mediators” ? Paul WOUTERS - Advocaat
    • Lawyers are excellent mediators ! Presumption: Presumption: Lawyers are trained in psychology • They know how people make decisions and behave Presumption: Presumption: Lawyers are trained in sociology • They know how society is organized and functions Presumption: Presumption: Lawyers are trained in philosophy • they know what touches and motivates the inside of man Paul WOUTERS - Advocaat
    • Lawyers are excellent mediators ! People go to lawyers for advice and help because they respect and trust lawyers People expect lawyers to help solve their problems Lawyers help landlords and tenants, husbands and wives, criminals and victims: they are trained to see the “different sides of a coin” Lawyers know how to “find and balance the truth” Paul WOUTERS - Advocaat
    • Lawyers are excellent mediators ! Lawyers know the rules of how to draft valid contracts Lawyers know of public law, what can be done law, and what is legal or not legal Lawyers know how to formulate agreements in clear words, so their is no dispute possible words, Lawyers are trained to communicate and to convince Paul WOUTERS - Advocaat
    • Lawyers are excellent mediators ! In a lawy office people of different cultures get born- born- married – have a car accident – divorce – make a company – dissolve that company – have a second marriage – make contracts and break them – make testaments – inherit and decease What takes a lifetime for other people to live, happens every day in a law office Lawyers have privileged positions for this respect that hardly any other profession will offer This knowledge and experience are excellent source and basis for mediators Paul WOUTERS - Advocaat
    • Lawyers are excellent mediators ! Are these statements CORRECT ? Paul WOUTERS - Advocaat
    • Lawyers are excellent mediators ! Then: Lawyers are experienced “problem solvers” Lawyers must be excellent mediators ! Paul WOUTERS - Advocaat
    • Lawyers are excellent mediators ! GOOOOOOO OOOOOOOO OOOOOOL OOOOOOL ! Paul WOUTERS - Advocaat
    • Lawyers are excellent mediators ! BUT ... Paul WOUTERS - Advocaat
    • Are lawyers excellent mediators ? Lawyers are trained to analyze disputes Lawyers are trained to translate “warm” factual / emotional issues to “cold” legal boxes and frames Lawyers are trained to isolate “objective” items and apply them to rules that were designed to settle “types of issues” and NOT to solve this particular problem Paul WOUTERS - Advocaat
    • Are lawyers excellent mediators ? Lawyers are trained to translate the factual /emotional / situational position of the client – through cold legal reasoning – to a suitable and strong legal position Lawyers are trained defend that legal position Lawyers are not trained to listen to the “back ground music” behind the cold legal facts Lawyers are even trained to neglect that (they know the Courts are not really interested in that information) Paul WOUTERS - Advocaat
    • Are lawyers excellent mediators ? Lawyers know that you have to ask MUCH in order to get something ACCEPTABLE – that you have to focus on your own strength and exploit the other sides’ weakness Lawyers know that the other party also has the same tactic / position Lawyers live in a “confrontational environment” where the strongest survives Paul WOUTERS - Advocaat
    • Are lawyers excellent mediators ? Law and justice are designed to decide “neutrally and blind” on issues and to make people accept such decisons – to END disputes NOT to SOLVE them Most people are totally unaware of the legal rules, but only have a primary notion of good and bad Since people do not know the law, they basically do not care about it – people have a history and emotions that lead to a certain act or omission for which the law does not pay attantion Paul WOUTERS - Advocaat
    • Are lawyers excellent mediators ? In a court, people win and loose a case on the basis of legal texts that they probably do not understand and that certainly was not in their mind when the facts occured or the decisions made An outside judge – barely knowing and understanding the “real story” - makes an outside decision based upon “objective rules” that is supposed to extinguish a dispute Paul WOUTERS - Advocaat
    • Are lawyers excellent mediators ? Though they have an excellent basis, lawyers are trained to be part of this cold, objective and confrontational system The mediation however requires a complete different approach ! Paul WOUTERS - Advocaat
    • Lawyers can be excellent mediators ! In the trainings you will learn • To listen to the people • To help them reframe their way of looking at situations • To help those people listen to the other party too • To help people unwind their problems themselves • To help people leave their “positions” – often influenced by the “home front” and translated to overinflated money claims • To help people to look for solutions themselves • To help people make agreements that solve disputes and not only end them • Not to “dig into positions”, but keep away from them • To be impartial in that process Paul WOUTERS - Advocaat
    • Lawyers can be excellent mediators ! The combination of these skills together with their vast academical and legal background AND the unique position of the legal profession in society makes that well trained lawyers – amongst other candidates - are potential excellent mediators But there is a lot to learn ... Paul WOUTERS - Advocaat