Mediation Attorneys

What Do Mediation Attorneys Do?

Mediation attorneys deal with mediation (one of the two most common methods of Alternative Dispute Resolution (ADR), with Arbitration being the other). Mediation is one of the less formal alternatives to litigation that involves impartial third party or panel (normally one or more licensed mediation attorneys trained in negotiations) that intervenes to promote the resolution of the dispute or grievance. The mediation attorneys help parties involved to resolve their dispute outside of the federal and state judicial systems through mediation rather than litigating it in court.

Mediation attorneys are involved in a wide array of case-types: ranging from family law issues to juvenile felonies to Federal government negotiations with Native American Indian tribes or other disputing parties. A federal mediator attorney was brought in to mediate the negotiation that took place between the Teamster Union and the Albertsons, Vons and Ralphs supermarkets to help resolve the 4-1/2 month old strike in California.

How does mediation work?

At the beginning of the formal mediation, the mediator, who is sometimes an attorney, explains his/her role, the confidential nature of the proceedings, any ground rules (e.g., no name calling), the benefits of mediation, and the procedural steps that will be followed (if any).

During the fact-gathering stage, the mediator will begin to define the issues, helping the parties to focus on the issues rather than their positions. At appropriate times the mediation attorney will reinforce points of agreement and conduct reality checks whenever necessary. The mediation attorney steers the parties away from past events and focuses them on what they want to see happen in the future.

Once a tentative agreement is reached in the mediation, the mediation attorney clarifies the terms of the agreement and makes sure all parties understand the terms of this mediation agreement. One way this can be accomplished is by having the parties restate the mediation agreement in their own words. Then the attorneys prepare the essence of the mediation agreement in writing, although the parties or their mediation attorneys may want to have the mediation agreement reviewed by another attorney before signing a formal agreement.

Is mediation voluntary?

Mediation is usually voluntary although participation is sometimes mandated by contract or by the court. Settlement, however, can never be mandated. When settlement is reached, studies show that mediated agreements are more likely to be complied with than decisions imposed by arbitrators or judges. This success may be because the parties take an active role in the decision-making process

Do I need to hire a Mediation Attorney?

It depends on the nature of the dispute. Each side may want to have an attorney present to assure the best possible outcome. If you feel you need a mediation attorney for your mediation session, use the form on this page to find a qualified mediation attorney to best suit your needs.