Mediation provides an opportunity to settle business disputes without hiring a lawyer. During this process, the parties involved discuss the dispute and, with the help of a neutral mediator, work together to come up with a satisfactory solution.
There are situations, however, when you might want your lawyer to participate in a mediation. Here are some of them.
You’re not confident in your ability to participate.
During mediation, parties are encouraged to communicate with each other and negotiate a resolution. But if you are not confident in your ability to explain your side, your lawyer may assist by giving you pointers on which relevant information to prioritize and how to deliver your statements.
The dispute involves legal matters.
When it comes to discussions concerning the law, having a lawyer participate will be a big help. Not only can your lawyer explain legal terms or gray areas, but they can also give you assist you in making sure the settlement agreement gives you the resolution and protection you intend. Always remember that the mediator is by law required to be “neutral.” That means the mediator is not representing you or protecting you and your interests. It is up to you (and your lawyer, if you choose to involve him/her) to protect you and your interests.
You’re going through mediation for the first time.
Mediation can be a daunting experience if you’re new to it. The process is not as formal as litigation, but it involves guidelines that you should keep in mind, especially if it was ordered by the court. Your lawyer can help you become familiar with the process and what you should do.
Your lawyer’s help may increase your chances of having a successful mediation and securing a favorable resolution for a business dispute. Just make sure, however, to inform your mediator beforehand that your lawyer is joining you throughout the process.