Mediation - Practical help to move you towards a happy future
And for the mediators
- It’s the participants and mediator who decide whether to invite lawyers to mediation — not the lawyers
- Decide who will invite the lawyers — the mediator or the participants
- If attending, the lawyers will need to sign a confidentiality agreement
- Consider setting up a separate call with the lawyers, ahead of mediation, to explain the purpose, set ground rules, and agree an agenda
- Remember — the lawyers are there to support their clients — this isn’t a PFDR
- You can pause, separate, or end the meeting, and choose not invite lawyers to future sessions.
- It’s in the lawyers’ interest to behave!
“Tips for practitioners representing clients in mediation”
- A very different role to in court
- Participants lead the discussion and search for solutions
- Lawyers support and assist rather than drive outcomes
- The role with the other lawyer is more collegiate
- Lawyers help to achieve certainty of the settlement on the day