Mediation can be a great alternative to settling matters through courts, and can often be a quicker, cheaper, and more friendly way to resolve disputes. However, it can be very daunting to go into a mediation without any expert legal advice or assurance that the results will be in your favour.
A mediation lawyer can be considered the expert consultant during your mediation process. Since the mediator is a neutral third-party, having an independent counsel on your side is important. More essentially, a lawyer should be contacted to discuss any potential consequences or settlements reached through the mediation to ensure that you are not receiving the short end of the stick.
Hiring a mediation lawyer to give advice during the mediation can also be significantly more cost effective than hiring a lawyer to litigate your case.
Here are 5 questions to ask when hiring a mediation lawyer:
1. Can my case be mediated?
Civil cases are typically the only cases that can be mediated. Certain non-violent criminal matters such as harassment are the exception to this rule. A primary goal in choosing mediation over litigation may be to maintain a good relationship with the other side. Mediation involves collaboration and a cooperative mindset, so business disputes, landlord-tenant conflicts, contract disputes, as well as divorces and child custody matters are the majority users of this resolution method.
However, even if your case can be mediated, you should consider whether it is the best option for you. Some reasons you might not choose to mediate are:
- If you strongly believe that the other party should be found guilty or of wrongdoing. Mediation is structured as a compromise, so it would be better to consider alternatives if there is no ground to give in your case.
- If you want to set a binding legal precedent. Even if you are successful in your mediation against a large company, the decision is applied only once and would have no bearing on future cases.
- If you believe the mediator would be more sympathetic than a judge. As a mediator’s role is about compromise between two parties, they are not likely to choose a side.
Asking a mediation lawyer this question can quickly help you establish whether mediation is the right path and effectively convey your expectations to the lawyer.
2. What are your experiences with business/family/contract disputes?
Many different types of cases use mediation to resolve disputes as it can be more cost effective than traditional litigation, can take less time, and can prevent irreparable relationship breakdowns between the two parties. However, due to the wide range of disputes, it is important to ensure that the lawyer you are hiring has had experience in your field. An essential role of mediation lawyers is to help you maximise ideal results from the process. They should be well-versed in the relevant area of law to be able to determine whether the terms reached are beneficial to you.
3. How long does this type of mediation usually take?
Mediation is known for being much faster than traditional litigation, and this speed plays a key role in people deciding to mediate. However, depending on your case, the mediation process can range from two days to several weeks. While this is still a significantly shorter amount of time than litigation, for some people, taking 2 weeks off work for a small dispute may not be feasible. Asking this question to an experienced mediation lawyer can give you an approximation of how long the whole process would be and allow you to set realistic standards beforehand.
4. What are the legal costs?
Hiring a lawyer to give advice during a mediation can be significantly cheaper than hiring a litigation lawyer. However, it is still important to understand how legal fees work to ensure that the costs don’t exceed manageable amounts.
Generally, lawyers charge by the hour. This means that with every minute spent on giving you advice during the mediation, your bill will grow. The vague approximations provided by lawyers often give you no real comprehension of how much the final charge may be.
An alternative method to billable hours is a flat fee. Here, lawyers offer one fixed price that encompasses all their responsibilities in the mediation. A flat fee allows for a much more transparent expense, giving you a better idea of how much you will be spending, especially in mediation cases where depending on the flexibility of each party, the process may take longer than expected.
To prevent any unwelcome surprises, LawPath’s lawyer marketplace allows you to compare and choose mediation lawyers on a fixed-price basis.
5. How will you manage conflicting goals, such as conflict resolution vs. getting the best deal?
Ultimately, you should prioritise your end-goals. Whether you want to settle the case with minimal conflict, or you want to ‘win’ and get the best deal. Asking this question can help you determine whether your lawyer is on the same page as you, or if you need to make your aims clearer. Your lawyer’s answer will show whether you are on the same page. Some lawyers may push for a greater amount of adversary and raise the stakes even though you want to resolve the dispute on friendly terms. It is therefore necessary to discuss your goals early on when hiring a mediation lawyer.
Conclusion:
Going through the mediation process alone can be frightening. Having no legal expertise or any way of ensuring you are receiving a fair outcome can be detrimental to your case. These questions will help you determine a mediation lawyer right for you. You can begin your search for mediation lawyers on LawPath’s lawyer directory.
Require a mediation lawyer? Contact a LawPath consultant on 1800 529 728 to learn more about obtaining a fixed-fee quote from our lawyer marketplace or any other legal needs.
