Why Pick A Mediator Over Lawyers
Why Pick A Mediator Over Lawyers
A lawyer's immediate participation is not needed in most mediation procedures. The people involved want to come together to solve their issues and come up with an agreement; for that reason, they are more unlikely to need an advocate to convince the judge or arbitrator of their perspective.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.If a party seriously wants an attorney beside him to aid in mediation, choose one who really supports the procedure.In addition, the choice would greatly rely on whether the law professional would advice through the entire mediation or only while in the preliminary and closing consultation. If you are thinking about an attorney assistance on a regular basis, his character and perspective towards self-help law would lead to an enormous amount of impact as compared to when he'd just provide legal counsel.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 peoplefamily and friendswho 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 completely conscious of the attorney's costs. It's not cheap or don't count on any special discounts because you are having mediation; lawyers would generally be asking for their regular hourly fee.
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