Role of Lawyers
As already stated, the mediator is not an adviser of any kind.
While it is not necessary for the parties at the mediation process to have their lawyers involved and present, lawyers can fulfil some very valuable functions.
It is always most advisable that any person entering into any type of
Lawyers can advise parties in relation to the costs of court proceedings and also as to the likely best and worst outcome should the matter end up in court. They can advise in relation to all legal issues concerning the dispute in question such as relevant family law legislation, matters of title, employment rights and taxation implications.
Apart from that, lawyers can assist parties during the actual process of mediation. For instance, the lawyer trained in mediation and having the right attitude will understand and prepare the case and assist with communicating and negotiating – in a spirit of problem solving rather than of seeing the process as a competition. The lawyer can help the party to decide when the negotiation should be lawyer led and when party led. The lawyer can be available at all times to give advice where required by the party in question.
Lawyers need to realise that there is an ever increasing range of legislation incorporating compulsory reference to mediation. The passing of the Mediation and Conciliation Bill which is likely to occur early in 2012 will basically entrench mediation in the Irish legal system.
It is therefore vital for lawyers to be aware of and to understand the whole concept of mediation and to be in a position to explain it to their clients and encourage them to participate where appropriate.The Rea Group in association with Friary law can equip solicitors quickly and easily when necessary with sufficient basic information to enable them to deal with their role in relation to mediation.
