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