The cost of mediation increases when a solicitor attends. However, there are good reasons for having a legal representative present which could help you reach a settlement.
If we look firstly at the main reasons for a solicitor, lawyer or barrister attending the mediation. They can: –
- provide you with legal advice
- outline what would happen if the dispute were not settled at mediation
- advise you on the costs of going to court
- advise you on the costs of any additional evidence or steps are required to get to court
- review with you any new evidence that comes to light at mediation and consider its impact upon your position
- provide you with legal arguments to challenge your opponent
- speak for you about the law relevant to your case
- advise you on your chances of success if you went to court or tribunal
- advise you on any offers that are received
- demonstrates to those present that you are supported by lawyers who believe in your case
- shows you are committed to finding a way forward
- draft the settlement agreement to conclude the mediation
- advise you on the settlement agreement
- support you throughout the day
It is important to remember that the mediator does not provide you with advice during the mediation.
Whilst a mediator can help you explore your options, a mediator is not there to advise you on the best course of action to take. A lawyer can support you in this way. The presence of a lawyer means that you can secure advice there and then. The mediation does not need to be postponed for this to happen which would increase the costs.
If you attend without a legal advisor and the other party comes with legal representation, the mediator will ensure that you are not disadvantaged in the mediation process. The mediator still cannot offer you advice in these circumstances.
I am not aware of any statistics that show the mediation success rates increase or decrease when lawyers attend. If you do have lawyers representing you, talk through with them what may be best for you and your case. Whatever your decision, always ensure that you are as well prepared for the mediation as possible.
