The short answer is IT'S UP TO YOU. Certainly lawyers may be present with parties in a mediation, however, it's not a requirement that you have one there. You and the other party both get to decide for yourselves whether to work with a lawyer, and if you do, you will be able to decide how involved their role will be.
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- Mediation is taken into consideration faster and, frequently, less expensive than average court proceedings.
- It prevents the confrontation between the parties which is fundamental in judicial procedures and also permits the parties to maintain their individual or expert partnership beyond the disagreement.
- Mediation has actually also been an increasingly helpful device in maintaining potentially damaging and also extremely public disputes out of the general public eye as the process is confidential.
- The arbitrator assists the events to come to an arrangement without really officially expressing a viewpoint on one or various other feasible option to the disagreement.
- Initially of the Work Tribunal assert the events will be asked if they have an interest in judicial mediation, and also the Employment Tribunal will take into consideration if the case appropriates.
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Mediation is when a neutral third party called a mediator works with each party in a lawsuit to reach a compromise before going to trial. The mediator helps the parties to reach a compromise. The mediator points out issues in the case or areas of weakness and benefits of settling.
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In a mediation, since the outcome must be accepted by both parties and is not decided by the mediator, a party's task is to convince, or to negotiate with, the other side. It addresses the other side and not the mediator, even though the mediator may be the conduit for communications from one side to the other.
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Mediation is first and foremost a non-binding procedure. Unlike a judge or an arbitrator, therefore, the mediator is not a decision-maker. The role of the mediator is rather to assist the parties in reaching their own decision on a settlement of the dispute.