Lawyer-Assisted Mediation

Mediation is assisted settlement negotiation. Mediators don’t take sides, and are used for the sole purpose of trying to help people reach a settlement. Mediation in which lawyers represent both people is generally part of the litigation process. In most cases, the parties are required to try to settle their case through mediation before they go to court for trial.

Positives: Mediators are neutral and can offer clients a different perspective than one that comes from an outside party or his or her lawyer. Also, having both clients and both lawyers in the same place at the same time, with everyone’s attention focused on getting a settlement can often create a positive environment for settlement.

Negatives: Mediation often takes place just before a case is scheduled to go to trial, after the parties have already spent money, time and emotional energy fighting. Mediation under these circumstances can sometimes feel coercive to clients, who may never have discussed the realities of their situation with their attorneys.

Non-Lawyer Mediation

Mediation is assisted settlement negotiation. Mediators don’t take sides, and are used for the sole purpose of trying to help people reach a settlement. Some mediators will work with clients when neither person is represented by a lawyer. Mediators help the parties identify issues and options, and help them reach agreements.

Positives: Mediators help balance the negotiating power between the parties, and help them stay on track when they are tempted to argue or rehash past events.

Negatives: Mediators are ethically forbidden from giving legal advice to either party. Sometimes, just asking a question can help one person and hurt another. Without independent legal advice, a person might not make informed decisions.