Notes to Legal Representatives on Mediation

Mediation can provide a quick, confidential and flexible opportunity for dispute resolution. In most cases it offers the only opportunity for direct, risk-free negotiation between the parties themselves. Mediation is an additional tool for your clients to help solve their disputes.

The role of the lawyer within the mediation process is to help the client with the process and to advise on the effects of each possible solution. Mediation is a process where the client negotiates with the help of the neutral mediator. The lawyer therefore does not lead negotiation but rather supports and advises their client through the mediation process.

Mediators, although very often lawyers themselves, cannot and do not offer legal advice during the process. This facilitates one of the key values of mediation; its ability to explore issues normally excluded in litigation proceedings. Legal professionals should therefore advise clients during mediation on their legal standing when exploring different avenues of agreement.

Flexibility is at the core of the process. Legal representatives will be aware that mediation can create new opportunities for brokering settlement additional to commercial and monetary agreement.

Because the process is completely confidential and information gathered during the process cannot be used in future negotiation or litigation, mediation offers legal representatives an opportunity to test settlement scenarios on behalf of their clients, without jeopardising their client’s position. Alternative solutions can be explored without risk of damaging future proceedings in the event of the mediation not being fully successful.

If you are interested in finding more about mediation EMS would be happy to give a presentation to your law firm.

Alternatively you can fill out our contact form or phone us at +353 1 4930268.

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