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Mediation
Mediation is a wonderful tool that is often used before litigation begins
as well as at various stages of the litigation process. If the parties
in the case have any ability to work out their differences, a knowledgeable
third party can be very valuable.
A mediator can be engaged to address specific issues,
or they can be engaged to address the entire case. A good mediator will
help educate and direct the parties, however, they are not acting as an
advocate for either party.
If working with a mediator, you should also retain your
own counsel to look out for your interests and review and/or draft any
agreement that may be reached. Some mediators will draft formal agreements,
others will create a shell document which must be fleshed out. Your attorney
will evaluate the agreement reached in light of your interests and the
posture of your case, identify provisions not included that should be
included, and will suggest changes to protect your interests or sweeten
the deal.
Contact Us About
This Service
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| Mediation
FAQ |
| Question: |
Can't my attorney just talk to the other attorney? |
| Answer: |
Yes, and they often do. And if they can work things out to their client's satisfaction, there is no need for a mediator. |
| Question: |
If you act as the mediator, can you also be counsel for one of us? |
| Answer: |
No, the mediator must be unbiased and that is in conflict with a counsel's role as advocate. |
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