Insights | What, Why & How of Mediation
So, What is the Role of a Lawyer in Mediation?
The role of lawyers in mediation pertains to a shift in perspective. It’s a shift in the role itself of a lawyer.
Once the mediation begins, from usually looking at a dispute or case from a certain perspective of pursuing litigation to a completely new paradigm.
In a mediation, its now his or her role of assisting the client as an advisor, guide and acknowledging the central role of the client in a dispute.
Throughout the process of mediation, the lawyer has to maintain a supportive, cooperative demeanor and demonstrate commitment to mediation and never treat mediation like litigation.
The lawyer should do as many reality checks as needed. The lawyer needs to help the client to balance risk of accepting or rejecting settlement offers and its potential complications. At the same the lawyer should help the client to stay focused on issues at hand and find creative solutions that will resolve the dispute.
This collaborative role goes a long way in a dispute resolution process. The transition from litigating advocacy may be challenging but not impossible. The rewards are worth the investment of time and energy.