Getting a lawyer’s help for a mediation
“I’ll sue you for all you’re worth!” may be the opening battle cry of a disgruntled person who feels he or she has been wronged for any number of reasons.
Maybe it’s over wages, a quarrel with a neighbor, dissatisfaction with a faulty product or service or a matter involving family law such as custody. If you’ve been involved in litigation and it doesn’t seem to be working, it may be time to try another approach – no matter what side of the issue you’re on.
Mediation may be the answer. Generally, mediation is less time-consuming and more cost-effective than a formal court trial. Both parties must consent to participation in the mediation which is usually conducted by a mediator or neutral third party who is impartial and unbiased.
Lawyers can help in two ways. Some lawyers are trained mediators who are experienced in mediation. Lawyers can also serve as consulting advisers to their client – even if another lawyer is serving as the mediator.
A consulting lawyer can offer a number of services to ensure that your legal rights are met. Sure, you can do legal research on your own, but a lawyer can help provide answers that are specific to your case.
Lawyers can help in the pre-mediation process by helping select the most appropriate method of alternative dispute resolution, such as mediation, arbitration, collaborative law, using a private judge or a pre-trial settlement conference.
They can also help select the mediator, as well as encourage the opposing party to consider mediation. During the process itself, they can act as a coach on legal issues by clarifying questions and helping you prepare for negotiations so that you’re putting your best foot forward.
And, lawyers can help counsel you on the legal claims you may have, review any written agreements, and help you determine whether you want the document to be legally-binding. Your lawyer can also help prepare court documents that may be necessary to finalize the case.
Lawyers who serve as legal advisors should be licensed to practice law in Illinois, have a good reputation and be supportive of the mediation process.
Note: This information was prepared as a public service by the Illinois State Bar Association and is a joint project with the Illinois Press Association. Its purpose is to inform citizens of their legal rights and obligations.
© Illinois State Bar Association
If you have questions about the application of the law in a particular case, consult your lawyer. The law is constantly changing. Information on this site or any site to which we link does not constitute legal advice.