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A Lawyer's Role in Mediation

By Janelle Elizabeth

Republish: EasyPublish™
Published: 25Dec2010
Word count: 524
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A lawyer's direct participation is not necessary in most mediation proceedings. The people involved are trying to work together to resolve their issues and come up with an agreement; therefore, they are less likely to need an advocate to convince the judge or arbitrator of their viewpoint. These people can usually handle the process by themselves with less trouble because mediate on rules are few and uncomplicated.

Participants, however, may want to consult with an attorney before the mediation to talk about the legal consequences of probable settlement terms especially in cases involving sizeable property or legal rights. Likewise, at the end of the mediation when concurrence is reached, the parties involved may want to stipulate getting a lawyer's approval in the written agreement.

Should one really desire to have a lawyer beside him to help in mediation, select one who truly supports the process. Many attorneys, unfortunately, particularly like their roles as advocates and might impede the discovery and attainment of a compromise solution.

Moreover, the selection would greatly depend on whether the law professional would counsel throughout the mediation or only during initial and final consultation. When interested in a lawyer coaching on a continual basis, his personality and attitude towards self-help law would mean a world of difference as compared to when he would just provide legal advice.

Stress the point from the very beginning of your consultation that you want a lawyer who supports and understands mediation. He (or she) may help you prepare for it but you do not necessarily expect (and the lawyer should neither assume nor impose) his presence in the actual sessions. Also, he must be available to review any documented settlement papers before you sign it.

It is hard to determine if the lawyer sincerely rallies for mediation, especially if you would just rely on the phonebook, law directory or advertisements. It's best to check with reliable people—family and friends—who may have employed the services of the type of attorney you are seeking. These referrals, though, are still not enough. You would have to personally talk to the law professional to make sure you will have a comfortable and harmonious working relationship with each other, especially since you would have to divulge pertinent and sometimes very personal information with him or her.

There are two important questions, among others, that you would have to ask your potential representative: experience and training. Has the lawyer ever worked with clients in mediation? Find out what he or she thinks of the process or whether it was successful for the client or not. And has the lawyer undergone training in mediation? Check out which training it was: to be an actual mediator or how to stand for clients effectively in mediation. You may want to go for the latter; you are not looking for a mediator anyway.

Lastly, be fully aware of the attorney's fees. It's not going to be less or don't expect any discounts because you are undergoing mediation; lawyers would generally be charging their usual hourly rate.

Lastly, be fully aware of the attorney's fees. It's not going to be less or don't expect any discounts because you are undergoing mediation; mediators would generally be charging their usual hourly rate.

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