Posts Tagged ‘attorney’

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What is a Mediation-Friendly Attorney?

Thursday, July 2nd, 2009

A mediation-friendly attorney is one that will advise you about your legal rights, likely outcomes, best/worst case scenarios of your specific case, and support your decision to mediate. He or she will advise you throughout the mediation process, without attempting to sabotage the process.

A mediation-friendly attorney believes in the mediation process and will support your choice to access mediation services and make decisions about the resolution of your conflict.

It is important to recognize that attorneys vary in their support of mediation as an option.

Attorneys who are not “mediation friendly” may harm the process by discouraging participants’ efforts to mediate/negotiate/compromise.  Unlike the traditional legal intervention, mediation is non-adversarial.  The process of reaching a resolution through mediation is different.  An attorney who is not mediation friendly may counsel their client to try to come out of the mediation as the sole “winner”, which is contrary to the mediation process.

If considering mediation, look for an attorney who is supportive of clients’ decisions to engage in mediation.  A CFR Mediation Coordinator is available to provide additional information about access legal counsel while engaging in mediation.

Do I Need An Attorney?

Saturday, May 23rd, 2009

In general, participating in mediation does not mean that you need to consult an attorney prior to a mediation session.

Agreeing to mediate does not translate into signing away rights or being forced into agreeing to terms that you would otherwise not.

Mediators  do not give legal advice and cannot take sides.  The mediator’s role is  to facilitate discussions with the other party toward resolution of the problem at hand.  This may include providing some education about legal issues – but they do not advise either side as to what to do.

Most often a situation can be entirely resolved in mediation, without attorneys. Some find that meeting with an attorney prior to mediating can help clarify options, but this is at the discretion of each individual.

In general it is a good idea not to assume that an attorney is always needed – sometimes an adversarial approach is not the way to go.  Once you have mediated an agreement, there is nothing left to “hammer out between the attorneys”.

It is important not to assume that you and the other party will never be able to discuss the issue.  Mediators expect that those participating in the mediation at a minimum have difficulty communicating and possibly have no areas of agreement other than disliking one another.   After working with CFR Mediation Services, most people are surprised at how quickly disputes are resolved in one of our offices.

Speak to one of our Mediation Coordinators to find out how mediation can work in your case.  It is never to late to try mediation.  With locations in several states, CFR Mediation Services can help.  Contact us for a free no-obligation consultation.

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