Do I Need An Attorney For Mediation? Who Else Should Attend?

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.

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