Lawyer-supported Mediation: Principles and Process
Mediation is a collaborative approach to conflict resolution that has gained popularity worldwide. It involves a neutral third party, often an attorney or mediator, facilitating a negotiation between two or more parties with opposing interests. The primary goal of mediation is to help parties reach a mutually acceptable agreement without resorting to legal action.
One key principle of lawyer-supported mediation is the "principle of impartiality." This means that the mediator remains neutral and unbiased, ensuring that both parties have equal access to information and can express their views freely. The attorney or mediator may provide guidance on the mediation process, but they do not take an active role in negotiations.
Another important aspect of lawyer-supported mediation is the "principle of confidentiality." Parties are encouraged to keep confidential any discussions or agreements reached during the mediation process. This helps maintain trust and promotes a sense of security among parties. However, it's essential for parties to understand that their communications may be recorded or subject to disclosure in certain circumstances.
Lawyer-supported mediation is often used in cases involving disputes over property, employment, or financial matters. In such situations, the mediator helps parties navigate complex issues and reach a settlement. The process typically involves initial discussions with the parties, followed by written submissions and negotiations, culminating in a draft agreement signed by all parties.
Ultimately, lawyer-supported mediation offers a cost-effective and efficient way to resolve conflicts, minimizing the need for lengthy legal battles. By leveraging the expertise of an attorney or mediator, parties can work together to find a mutually beneficial solution.
Learn more about lawyer-supported mediation on Wikipedia
https://en.wikipedia.org/wiki/Lawyer-supported_mediation