Hire an Attorney to Assist During the Mediation Process

Mediation is a particularly effective way to resolve a dispute when the parties participating in mediation have a solid understanding of the law, the process, and their respective rights and obligations. What most people do not know about mediation is that the Rules of Ethics preclude the mediator from providing legal advice to the parties, even when the mediator is a licensed attorney. The mediator has an affirmative obligation to both parties to maintain neutrality. The mediator’s role is to facilitate an agreement that is amenable to both parties not to advocate for either party or to opine whether the agreement is more or less advantageous to either party. Think of it this way: the role of the mediator is to assist the parties to end the dispute on terms both parties are prepared to accept in order to end the dispute, not to help the parties reach an agreement which the mediator deems “fair” under the circumstances. When you understand that, you are on your way to understanding why having an attorney guide you through the mediation process is an insurance policy that the agreements you reach will endure.

If you choose to retain an attorney to help you throughout the mediation process, you can remain in control of your legal fees by controlling the extent of the attorney’s involvement. You can choose to have your attorney attend mediation sessions with you or you can choose to have your attorney only assist you on the side, so to speak. An attorney can help orient you in the what often feels like an overwhelming, debilitating landscape. An attorney can strategize with you to develop an overall plan, assist you in cogently presenting your positions to the mediator, help you understand how to present financial information and how to understand the other party’s financial information, etc. An attorney can assist you in preparing the necessary documents for mediation and in understanding their purpose and role in the overall process. An attorney can help you thoroughly prepare for your mediation sessions and debrief after the mediation sessions, answering questions and explaining options for future sessions.

The benefit of limited representation in mediation is that the client acts with the guidance of an attorney and yet remains in complete control of the legal fees because the attorney is not retained to handle every aspect of the matter. The client chooses when/how to use the services of the retained attorney.

This model may not be ideal for you if you want an attorney to take the reins and to handle your matter in mediation from start to finish, dealing with every correspondence and procedural milestone. But, if you are looking for a way to obtain legal assistance while keeping the legal fees at an affordable level, limited representation may be the right answer for you.

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