Usually, a lot of mediation situations do not require those involved to acquire their own legal counsel. Nevertheless, there are some cases, when it is wise to find a mediation lawyer—one that understands your legal issues and is accustomed with the mediation process–to advise you concerning your mediation.
Mediation is intended to help individuals work through disputes without the requirement of a judge or litigation. Consequently, lawyers are rarely needed in mediation cases. The rules of mediation, dissimilar to many laws and legal procedures, are direct and easily understood. Most individuals are able to figure out the mediation process by themselves, with no trouble. There are some circumstances, particularly in which one of your property rights are getting impacted, where it is wise to consult a lawyer. The mediation lawyer can assist you in sorting through the outcomes of specific decisions, in which is going to enable you to make the appropriate decisions for yourself in mediation. You can even make getting a mediation lawyer’s approval a stipulation of all agreements made through mediation.
Hiring a Mediation Lawyer
When you do decide to hire a lawyer for your proceeding, think about the following:
- Locate an attorney that supports mediation. A lot of lawyers prefer to act as ardent advocates for their clients, because this is how they get trained. This can be harmful to a mediation process that aims to find a neutral-ground agreement. Find a mediation lawyer that can advise you on your legal matter and is accustomed with mediation.
- Decide if you want legal guidance during the mediation or if your issues only require an initial consultation.
- Clarify to your lawyer that you want them to acknowledge and support mediation. They should be willing t negotiate and compromise in coming to settlements and not centered on how judges or juries might rule.
- Request that your mediation lawyer be available to examine every written agreement created throughout mediation prior to you signing them.
- Be wary of lawyers that have a negative outlook towards mediation.
- Inquire if the lawyer has ever had clients in mediation previously.
- Inquire what the mediation lawyer thought concerning the process. Was it triumphant for the client?
- Give high priority to the way the lawyer talks about previous mediation experiences to get a feel for if they do or do not support and respect the process.
- Determine if the lawyer was trained in mediation. If the lawyer trained on how to become a mediator or on how to represent clients through mediation, then the lawyer is most likely supportive of mediation. Of the two kinds of training, a lawyer that has received specific training on the ways to represent their clients through mediation is probably better suited to represent you in mediation.
- Make sure you comprehend the mediation lawyer’s fees PRIOR to you deciding to hire them. Do not expect to get a mediation discount rate, as a lot of lawyers are still going to charge their normal hourly rate.
- Be clear from the start concerning what role your lawyer is going to take and what your lawyer expects of you.
Consider the Following When Hiring a Mediation Lawyer
Follow these tips to start searching for a good mediation lawyer:
- Speak with people you know that have utilized lawyers in situations likewise to your own.
- Do not simply rely on ads and directories.
- Discover details on how the clients felt when working with particular lawyers.
- Discover what accolades and community organizations your possible lawyer might have listed on their website or resume. This speaks volumes about a lawyer.
Do I need a mediation lawyer for my mediation session? Findlaw. (2016, June 21). Retrieved November 23, 2021, from https://www.findlaw.com/adr/legal-help-and-resources/do-i-need-a-mediation-lawyer-for-my-mediation-session.html.
Speak with Our Mediators in Arizona Today
While the mediation process is not for everyone, it can save you money, stress, and hassle. Speak with a professional mediator to find out if it is right for you.
If you’re ready to start your consultation with Ogborne Law, visit our Mediation Consultation request page.