Webinar: April 28, 2010
Attorneys in Mediation: Attorney - Mediator Protocol
Department of Agriculture, University of Wyoming
Mediation and litigation are two methods of dispute resolution which, by virtue of the philosophies upon which they are based, are inherently opposed. Litigation seeks to establish facts, which have occurred, apply the law and arrive at a win/lose decision. Mediation encourages the parties to look forward and create a solution that invests in the future.
As clients begin to seek out mediation and as courts begin to mandate it, attorneys and mediators may find themselves in conflict. This is unnecessary; mediation clients need both a zealous advocate and a competent mediator.
The following seminar can enhance the attorney/mediator relationship and thereby improve the services to their common clients. Generally, attorneys find that parties who are willing to mediate their agreements are easier clients with which to work. However, an attorney cannot be expected to approve a mediated agreement without thorough analysis. Therefore, it is suggested that attorneys work with mediators.
It is important for mediators to understand that attorneys have certain duties of professional responsibility in the representation of their clients. The fact that a client is in mediation does not excuse a lawyer from these representational duties. Therefore, in order to work effectively with the attorneys and obtain the best possible results for the mediation clients, a mediator and attorneys should have a good working relationship.
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