subject: Why Pick A Mediator Over Lawyers [print this page] 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.
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 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 three crucial questions, among others, that you would have to ask your possible representative: Has the lawyer ever worked with individuals in mediation? Does he have any knowledge as a mediator? Find out what the individual thinks of the method or whether or not this was productive for his prior clients or not.
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.
by: Janelle Elizabeth
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