Do I Need An Attorney For Mediation? Who Else Should Attend?

Parties must carefully consider who should attend the mediation. It is particularly important that people with decision­making authority be present. A written agreement is drafted as soon as settlement is reached, and it is best that the people authorized to sign such a document are present. Important decision­makers include everyone who has a stake in the final outcome and whose authorization is necessary to achieve a settlement. Sometimes these stakeholders are actually external to the sispute, such as insurance carriers. Their presence at the proceedings minimizes the risk that a sound agreement will later be rejected. You may choose, but do not have to, have your attorney attend the mediation session. It is certainly a good idea to bring legal counsel to the proceedings if the other side will be similarly represented in the proceedings. Doing so can help bring a sense of balance to the proceedings. However, parties may wish to balance the cost of attorney participation in the proceedings, agains the utilty of of attorney involvement.

The information on this page is meant to provide a general overview of the law. The laws in your state and/or city may deviate significantly from those described here. If you have specific questions related to your situation you should speak with a local attorney.

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