Do I Need a Lawyer for My Mediation Session?

Most mediation situations don’t require the parties to obtain their own legal counsel. Still, there are situations when it is a good idea to seek a mediation lawyer’s advice. A mediation lawyer is an attorney who understands your legal issue and is familiar with the mediation process.

Mediation is a form of alternative dispute resolution (ADR) that involves the assistance of a neutral third party. It is designed to help people work through conflicts without needing a judge or legal proceedings.

This is part of why lawyers are seldom needed in mediation situations. Unlike many laws and legal processes, the rules of mediation are straightforward and easy to understand. Most people can figure out the mediation process on their own.

This article discusses when to use a lawyer for mediation and key considerations when seeking the right legal professional for your issue. It also offers tips for finding a qualified mediation lawyer near you.

When Should You Use a Lawyer for Mediation?

In some situations, it is a good idea to consult with or retain a lawyer for mediation. This is the case, for instance, if your property rights are being affected.

A divorce process is often resolved through mediation. Consulting a divorce lawyer familiar with mediation before proceeding with family law mediation in family court can be beneficial. A divorce attorney can help divorcing couples avoid divorce litigation by utilizing mediation in a family law case. Many state courts, including Missouri, promote the use of mediation in child custody and support matters by court rule.

In contrast to arbitration, the third-party mediator will not decide the matter. The mediator works with the parties to help them reach a mutually acceptable agreement that resolves the dispute. If the parties reach agreement, an attorney can be a valuable tool for drafting or reviewing the final document. This is especially so when the final document will be a court order.

A mediation lawyer can also help you understand the consequences of certain decisions. This will help you make the best decisions for yourself in mediation. You can even make obtaining a mediation lawyer’s approval a condition of all settlement agreements made in mediation.

Considerations When Selecting a Mediation Lawyer

If you do decide to use a lawyer for your mediation process, consider the following:

• Find an attorney who supports mediation. Many lawyers prefer to act as zealous advocates for their clients because this is how they were trained. This can be detrimental to a mediation process that seeks to find a middle-ground agreement. Look for a mediation lawyer who can advise you on your legal issue and is familiar with how mediation works.
• Ask about what the mediator expects regarding the involvement of attorneys at mediation. It’s better to know upfront if attorneys must be present or if their availability to consult by phone as needed is acceptable.
• Find out whether the other party to the mediation will have an attorney present or one available for legal coaching and drafting of an agreement. Mediation sessions work best when each side sees the process as balanced and fair.
• Make it clear to your lawyer that you want them to understand and support mediation. Your lawyer should be open to negotiation in settlements rather than focused on how a judge or jury may rule.
• Ask that your mediation lawyer be available to review all written agreements created during mediation before you sign them.
• Ensure that your lawyer has experience in the subject matter of your dispute. If you’re seeking to mediate a divorce case, for instance, you’ll want a family law attorney with experience in considering things like domestic violence, spousal support, child support, and parenting plans.

What To Look for in a Mediation Attorney

Beyond the factors already mentioned above, you’ll want to consider the following before hiring a lawyer:

• Find out whether the lawyer you’re considering has experience with mediation and other ADR processes.
• Inquire about previous mediation outcomes and whether they were successful for the client.
• Pay close attention to how a lawyer speaks about prior mediation experiences. This should give you a feel for whether they support and respect the process.
• Ask the lawyer whether your state adopted the Uniform Mediation Act. Several states, including Illinois and Ohio, have adopted its key provisions.
• Find out if the lawyer you’re considering has been trained in mediation. If the lawyer has received mediation training, they are likely supportive of mediation. A lawyer with specialized training in representing clients through mediation is likely better equipped to represent you and find an equitable solution.
• Be sure you understand the mediation lawyer’s fees before you decide to hire them. Don’t expect to receive a discounted mediation rate. Most lawyers charge their usual hourly rate. Mediation is still a more cost-effective approach to resolving a dispute than going to trial.
• Be clear about what role your lawyer will take and what expectations your lawyer has of you.

Tips for Finding the Right Mediation Lawyer for You

If you’re not sure how to begin locating a good lawyer for your mediation sessions, consider the following tactics:

• Talk to people you know who have used lawyers in situations similar to your own.
• Avoid relying only on advertisements and directories.
• Find out specifics about how clients felt when working with certain lawyers.
• Find out what awards, recognitions, and community organizations your potential lawyer may have listed on their website or resume. This can say a lot about a lawyer.
• Look up a potential attorney’s discipline record before hiring them.

How To Find a Mediation Attorney Near You

Are you involved in a family law matter or family law dispute, such as child support, child custody, alimony, or divorce mediation? Get legal advice first. Meeting with a lawyer can help you understand your options for mediation services and how to protect your legal rights. The right attorney can help ensure a successful mediation.

FindLaw’s directory of ADR attorneys can get you started. Enter your city or ZIP code for a list of qualified legal professionals near you. Because state law is relevant, your attorney should be licensed in your state. Your search results will also show important details about prospective lawyers, like ratings and contact information.