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Parties must carefully consider who should attend the mediation. It is particularly important that people with decisionmaking authority be present. A written agreement is drafted as soon as settlement is reached, and it is best that the people authorized to sign such a document are present. Important decisionmakers include everyone who has a stake in the final outcome and whose authorization is necessary to achieve a settlement. Sometimes these stakeholders are actually external to the sispute, such as insurance carriers. Their presence at the proceedings minimizes the risk that a sound agreement will later be rejected. You may choose, but do not have to, have your attorney attend the mediation session. It is certainly a good idea to bring legal counsel to the proceedings if the other side will be similarly represented in the proceedings. Doing so can help bring a sense of balance to the proceedings. However, parties may wish to balance the cost of attorney participation in the proceedings, agains the utilty of of attorney involvement.
This article is intended to be helpful and informative. But even common legal matters can become complex and stressful. A qualified mediation lawyer can address your particular legal needs, explain the law, and represent you in court. Take the first step now and contact a local mediation attorney to discuss your specific legal situation.
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