La formation des avocats français et belges : la place de la médiation

Abstract : The discourses about the crisis of civil justice, in France and Belgium, present an important convergence: the same promotion of the mediation. Despite historic resistance to mediation, this alternative dispute resolution mode seems to be today the best way to settle disputes. The reading of academic and professional journals shows that French and Belgian lawyers, underlining typical advantages of mediation over civil litigation, are strongly in favour of the mediation. But saying it and actually putting it into practice are two very different things. Indeed, lawyers have not yet become real promoters of the mediation. How do we explain this gap between theory and practice (the difference between "saying and doing")? In our view, the answer to this question may be found in the legal education of lawyers. This article - by examining training materials for students and lawyers - explores how the legal education can be an obstacle or a major vector for the entry of the lawyers in the mediation process.
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Journal articles
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https://halshs.archives-ouvertes.fr/halshs-00999919
Contributor : Safia Bouabdallah <>
Submitted on : Wednesday, June 4, 2014 - 10:32:25 AM
Last modification on : Wednesday, October 31, 2018 - 12:24:08 PM

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  • HAL Id : halshs-00999919, version 1

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Safia Bouabdallah. La formation des avocats français et belges : la place de la médiation. Revue arbitrage et médiation / Journal of Arbitration and Médiation, 2014, Vol.3 (n°1), p. 45-85. ⟨halshs-00999919⟩

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