Mediation is a process wherein a neutral third party facilitates communication between two opposing parties to come to a mutually agreeable resolution. It is an alternative dispute resolution method that is often used in legal cases involving family, employment, business, and personal injury matters.
The question is, should you go to mediation with or without your attorney? This article will explore the advantages and disadvantages of both options.
Advantages of Going to Mediation Without an Attorney
One of the most significant advantages of going to mediation without an attorney is cost savings. Mediation is usually less expensive than going to court, and if you don’t hire an attorney, you can save even more money. You don’t have to pay for your lawyer’s time, which can be expensive, especially if the mediation process takes several sessions.
Another advantage is that you have more control over the process. When you have an attorney present, they may have their own agenda or strategy that they want to pursue, which may not be in your best interest. By going to mediation without an attorney, you can have more input and control over the outcome.
Disadvantages of Going to Mediation Without an Attorney
One of the main disadvantages of going to mediation without an attorney is that you may not be aware of your legal rights. An attorney can advise you of your rights and help you negotiate a fair and equitable settlement. Without an attorney present, you may not be able to protect your interests adequately.
Another disadvantage is that you may be at a disadvantage if the other party has an attorney. The attorney may try to intimidate you or use legal jargon that you don’t understand. In this case, it may be beneficial to have an attorney present to level the playing field.
Advantages of Going to Mediation With an Attorney
One of the most significant advantages of going to mediation with an attorney is that they can advise you of your legal rights and help you negotiate a settlement that is fair and equitable. An attorney can also help you prepare for the mediation session by reviewing the case and identifying any weaknesses or strengths.
Another advantage is that an attorney can help you navigate the legal system. Mediation can be confusing, especially if you are not familiar with the legal process. An attorney can explain the process to you and help you understand what to expect.
Disadvantages of Going to Mediation With an Attorney
One of the main disadvantages of going to mediation with an attorney is cost. Hiring an attorney can be expensive, and if the mediation process takes several sessions, the cost can quickly add up.
Another disadvantage is that an attorney may have their own agenda or strategy that they want to pursue, which may not be in your best interest. They may be more interested in winning the case than in finding a mutually agreeable resolution.
Conclusion
Whether to go to mediation with or without an attorney depends on your specific situation. If cost is a concern or if you feel confident in your ability to negotiate, going to mediation without an attorney may be the best option. However, if you are not familiar with the legal process or if the other party has an attorney, it may be beneficial to have an attorney present.
Ultimately, the decision should be based on what will result in the best outcome for you.
If you are in need of mediation services, look no further than Dreyer and Associates. We are committed to helping families across the Fraser Valley and the Lower Mainland reach successful resolutions to their disputes. Contact us today to learn more about our services and how we can help you!
