Is it OK for only one side to have a lawyer in Mediation?

Is it OK for only one side to have a lawyer

Mediation is a process where a mediator supports you to make your own decisions. It isn’t a case where you need a lawyer to represent you or present evidence. 

The role of a Mediator is not to make decisions for the people participating in mediation the way that a Judge or Arbitrator does.  That is why mediators must make sure the process is fair and no one feels pressured. 

Having one side with a legal representative present and the other without one would not be fair. 

What you should do if you feel the process is unfair.

  • Talk to the Mediator!  If you have concerns about the mediation process being fair, talk to your mediator. An Interact Support mediator would never automatically agree to one side in a mediation having a lawyer assisting them in a mediation and the other side being without assistance. Book in for a free consultation.  Dispute Diagnostic

     

  • Bring your own lawyer. In most cases there is very little value in paying a lawyer to be present in a most  mediation sessions unless it is a very technical commercial mediation. If you both feel that you would like lawyers present then that can be accommodated in most cases. Before you commit to the expense of a lawyer in mediation it is best to have your pre-mediation session with your mediators to help you to prepare.  More about Mediation 

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Is it OK f…

by Joanne Law time to read: 1 min
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