Mediation has been perceived in some circles as the Wild West, a forum in which anything goes, rules are lax, bullies most certainly win out. In reality, and with increasing frequency, mediation is conducted within a legal framework and with the advice and counsel of attorneys for all parties. For some, this may mean a mere couple of hours consulting with an attorney before a settlement agreement is signed; for others, it may mean seeking out advice between sessions in order to understand the legal reality and how that comports with the choices faced in mediation. Still for others, the attorneys are present during the mediation sessions, helping provide support and advocacy in the negotiations as well as additional ideas for creative solutions.
There are a variety of benefits to working with attorneys in mediation—they are an essential part of the process. Nonetheless, the parties, mediators and attorneys would all do well to avoid the following potential pitfalls and patterns in what otherwise can be an effective and efficient way to resolve conflict. Here are some of the most common snags.
The Inexpert Attorney
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