Stay up to date on everything mediation!

Subscribe to our free newsletter,
"This Week in Mediation"

Sign Up Now

Already subscribed No subscription today
Mediate.com

The Importance of Preventive Law to the Growth of Mediation

by Mary Aderibigbe
February 2015 Mary  Aderibigbe

Introduction

We are in the information era marked by influx of ideas, data flexibility and improved efficiency. This information age has to a large extent contributed to global decline in career and employment opportunities.

Even though this has affected the fortunes of many professions, it is believed that Medicine and Public Healthcare and Information Technology continue to thrive. Medical healthcare exhibits peculiarities which include essential services, ethic of care, information technology and prevention.

Definition of Preventive Law by US Legal

Preventive law seeks to anticipate and prevent legal problems and litigation in a broad scope of areas such as… Lawyers who practice preventive law may offer services in mediation and alternative dispute resolution, government affairs, legal research …

Preventive law attorneys may evaluate legal implications of business contracts and attend meetings with representatives from business, government or private individuals as an advocate or mediator.

The lawyer will often conduct a legal audit, produce a legal status report, which provides the status of the legal affairs of the business or person, presents legal risks, and make recommendation for action.

The report may include identification and analysis of regulations and laws, intellectual property rights, environmental banking and financial services employment practices, tax securities laws…… the company will be protected in such a way to minimize the risk of litigation and to ensure that if litigation occurs, the business will have acted properly…

Preventive Law and Healthcare

Preventive Law shares some similarities with medical science. It seeks to encourage how legal services can be delivered to prevent legal problems and protect legal health. It seeks to promote and protect the legal health of private and business entities.

This field of law consists of legal and practical principles that anticipate and avoid legal problems. The goal of preventive law is to provide for the legal health of individuals and businesses. This practice applies to medical science as most successes in medical treatment are preventative.

Preventive Law and ADR/Mediation

Preventive law seeks to anticipate and prevent legal problems and litigation. Considering this definition, preventive law also shares some commonalities with the concept of alternative dispute resolution which is the use of methods such as mediation or arbitration to resolve a dispute without resort to litigation.

Conflict prevention and preventive law techniques could therefore include routine procedures for individuals such as legal check up to help them keep legally healthy. For businesses and organizations, periodic legal status reports to know their legal condition much like financial reports for the financial condition of a business.

Conclusion

Every sector seems very much in need of proactive and early conflict prevention and management/ legal healthcare to promote their legal health through the application of ADR/mediation skills.

There is the need to develop and promote the field of preventive mediation with ethic of care harnessing information technologies. The definition by US Legal is instructive and seems to depict wide latitude and great opportunities for Mediation.

Biography


Mary Aderibigbe is a lawyer and mediator handling family law issues. She applies dispute resolution processes and systems in her interventions to families, couples and individuals. She offers specialized services to enhance the skills in effective conflict management through the initiative, Family Support - GTN.



Email Author
Author Website

Additional articles by Mary Aderibigbe

Comments