Understanding What Attorneys Do In Mediation
Whether you are in the early stages of a dispute or on the verge of taking your case to court, you can still hire a mediator. As a neutral third party, the job of a mediator is to move the case forward without having to resort to civil litigation. But what part then, if any, will your attorney play in all of this? Let us help you figure out your attorney’s role in mediation today.
At the Law Offices of Denise Eaton May, we know mediation law. Our passion has always been to help clients resolve issues through constructive dialogues. To this end, we strive to have the answers our clients need about every aspect of the mediation process.
Your Attorney Can Work With Us
In mediation you may retain the use of a private attorney alongside whom the mediator will work. However, securing legal representation is optional. If you choose to keep your attorney, they will still represent you and your best interests. Though, it is important to note that mediation sessions are not trials. Your lawyer will not cross-examine the other party.
Instead, your attorney may:
- Assist the mediator in facilitating the conversation
- Offer legal advice for any of the conditions discussed
- Help you cooperatively negotiate unresolved issues
- Answer any questions you might have during the process
- Review the terms of any agreements reached by both parties
- Examine the possible consequences and alert you to them
- Guide you through the final settlement discussions
There are many benefits to working with a mediator and an attorney to resolve conflicts out of court. While the mediator focuses on furthering healthy discourse, your attorney focuses on you. This can help ensure that the final outcome of your case is closer to your intended goals.
Remember That Lawyers And Mediators Do Different Things
There is a significant difference between what a mediator does and what an attorney can do for you. Understanding this difference can help you decide whether a lawyer is necessary.
As longtime mediators and attorneys, we are available to address such concerns. For all your questions about mediation, consult us free of charge. Call our Hayward, California, office at 510-244-3307 or send appointment inquires using our contact form today.