If I already have a lawyer, why do I need a Mediator?

Categories: Blog,Marital Coaching

Mediators and attorneys are partners in the legal process. Regardless of the stage of a dispute–whether it’s already in litigation or not there yet–mediation can make a difference. Mediation provides:
1. A framework to negotiate. Most attorneys don’t have any real training in negotiation. Mediators are negotiation experts who understand how to turn the parties into more effective negotiators. They define your interests, aim to meet them, and maximize your gain–yours and the other side’s.
2. Focus and structure. Good mediators are skilled facilitators who run a mediation like an efficient business meeting. They have the ability to cut through the sparring, posturing, and argumentativeness to help parties get down to business. They push parties to develop an agenda, identify key interests, and create a realistic action plan which both can commit to and implement.
3. A dose of reality. One of the challenges attorneys can face is the client with unrealistic expectations about the value of their cases or the likelihood of success at trial. Mediation allows clients a first-hand glimpse into the strengths of the case of the opposing side or gives a preview of how sympathetic a plaintiff will be in court. The mediator brings to the negotiating table skill in reality testing along with the ability to guide parties through risk analysis–which can make settlement seem far more attractive than the alternatives away from the table.
4. Reality for the other side. Mediators of course will be asking the hard questions of all sides in a dispute, not just the one you happen to be on.
5. Overcoming barriers to agreement. Mediators are proactive in seeking out and addressing issues that are preventing the parties from reaching resolution.
6. Greater satisfaction. What’s not to like about a process that can save you time and money and enable you to walk away with a solution tailor-made to meet your interests?

Author: Denise Coggiola

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