ADR Center Romania provides in this section information, models, indications and legislative references necessary for lawyers to initiate and use mediation effectively.

Legislation / Request for mediation

The lawyers’ roles are essential before, during and after a mediation.

BEFORE a mediation process, the lawyers can:

• explore and consider the most efficient solutions to help their clients i.e. negotiation, conciliation, mediation, arbitration or litigation. Criteria differ from one case to another and can refer to risk management, costs, time or need for confidentiality.
• identify and recommend suitable mediation providers and mediators to fit the particular case of their clients.
• fill in the mediation request and feed information to the mediator in order to ensure that they are fully informed and prepared to convene the mediation process.
• build rapport with the mediator to access relevant information, logistical and substantive, from other mediation participants.
• provide input to the mediator to be considered in the process design stage – examples include representation, mediation location, date and time or ground rules. 
• work with their clients to strategize an approach to mediation and make sure that they are fully prepared to contribute to the process.
• prepare to settle, not to win – which is NOT easy!

DURING the mediation process, the lawyers can:

• encourage clients to get involved actively in the discussions.
• contribute actively to the conversation by providing views and interpretations of the law, where appropriate.
• use joint sessions or private sessions to navigate through the process in line with their clients’ interests.
• assist clients in exploring the key interests of all participants in mediation and generate options for settlement accordingly. 
• help their clients to assess and reassess risks and compare options explored at the mediation table with alternatives to a negotiated agreement.
• get involved in the design of agreement implementation process and in the agreement drafting process.

AFTER the mediation, the lawyers can:

• help the parties implement the agreement as needed, specifically when courts or other authorities are involved.
• follow-up with clients and assess the quality and the effectiveness of the mediation process and submit feedback related to the mediator’s performance.

You can find for more information here about international competency criteria for mediation advocates and advisors.