What Is the Role of My Mediator in Business Mediation?
Before a business determines that mediation is their best option for dispute resolution, they might seek to better understand the process itself. Upon further research, the company may learn that their lawyer is not an active part in the proceedings, and the two parties will discuss the conflicts together with an experienced mediator. So, what exactly is the role of your attorney in a business mediation session?
While the lawyer may not be as hands-on during the actual mediation sessions, they still play a pivotal role in the process, and no one should discount their importance.
Your attorney’s role in mediation is especially crucial before the negotiation session begins. In the pre-mediation stage, lawyers are essential to help their clients to not only understand the mediation process and what to expect, but also to help them better understand their positions and where there may be room for compromise.
Your attorney can also advise on where the other party may be flexible and where you may seek a settlement. Your lawyer is also responsible for ensuring that all relevant documentation is available to both parties beforehand so that both sides can enter mediation with an accurate understanding of the realities of the situation.
As the role of the mediator is the facilitator of negotiation, it is also vital that your attorney help you understand that the mediator’s job is to work with you, as well as the other party, to find a resolution both parties can successfully accept. Your lawyer can also provide you with a realistic understanding of the legal alternatives to mediation – namely litigation – and the associated costs and issues.
Attorneys offer an array of helpful guidance and support during the mediation process, including:
- Providing advice and guidance while not speaking for the client
- Maintaining a supportive, cooperative demeanor
- Helping define issues which need resolving
- Offering private advice and private discussions with clients
- Encouraging the client to seek creative solutions to complex problems
- Providing in-depth information – in private – about critical points raised
- Helping summarize discussions and clarify confusing or misunderstood issues
Beyond the above-listed support, your lawyer is also essential for acting as the agent of reality, where they help you understand the risks of accepting particular offers. Your lawyer can help you know what is in your best interest, or whether rejecting a decent offer for litigation runs the risk of long-term failure in the courts. Finally, your attorney acts as the drafter of all documents as required during, or after, the processes.
Avoid Costly Litigation with Shapiro Mediation
If you find yourself in a business dispute, mediation is the fast, affordable, and effective way to resolve conflicts amicably and professionally. At Shapiro Mediation, our sole focus is on handling the business mediation needs of our clients. Our knowledgeable mediators have decades of experiences in all facets of business law, giving them the expertise to handle any issue that should arise. To learn more about how an experienced Massachusetts business law mediation attorney can help you, call Shapiro Mediation today at (339) 298-7733.