Mediators and lawyers are two distinct professionals. A mediator can be a lawyer or not. In the same way, a lawyer can be a mediator and practice law. However, the experience and education of lawyers provide a good background for them to become excellent mediation lawyers.
Factual situations and laws can be hard to analyse and comprehend. The knowledge and training of the mediation lawyers, on the other hand, make them capable of handling mediations. For instance, mediating on family law issues can be handled well by a lawyer skilled and experienced in family law.
However, knowledge and experience background is only the starting point of many mediators. Training in facilitating disputes is an added skill every mediator must-have.
The important role of a mediation lawyer
Handling conflict is part of the training of lawyers. However, the roles of a lawyer and a mediator are way different when it comes to dispute resolutions. Advocating for one party is usually the role of lawyers. The mediator, on the other hand, is not to act as an advocate for any party.
The role of the mediator is to:
- An Objective and neutral arbiter
- Guide both parties towards a resolution
- Helps both parties throughout the emotional process
- Does not act as an advocate for any party
A mediator who is also a lawyer is generally seen as more skilled in:
- Consider all sides of the conflict/dispute
- Supportive without being personal to any party
- Assume a neutral stand
- Good negotiation
- Provide legal information when needed
- Will not, in any way, give legal advice
Becoming a mediator is a challenging role for many lawyers. Trained and educated to be advocates make the mediator role unnatural for most lawyers. However, lawyers that are more into collaboration and negotiation are seen to become excellent mediators.
How to choose a mediation lawyer
Like anything else in the world, choosing a mediation lawyer depend a lot on good research. When both parties agree to use a mediation lawyer to handle the mediation process, the things to consider in the choice include:
Knowledge of the mediation lawyer
The choice should be with a mediation lawyer that is completely updated on the best practices of the issue or conflict faced by both parties. A mediation lawyer that stays on top of new approaches and methods is the one to go for.
Experience of the mediation lawyer
Conflicts and disputes are choppy waters that need the skilful navigation of an experienced mediation lawyer. The extensive experience of a mediation lawyer means that he is familiar with the conflict and dispute of both parties. This allows him to provide a neutral but helpful way of making both parties agree.
The reputation of the mediation lawyer
The references of the mediation lawyer have to be carefully analysed before both parties agree to hire him. Heading in the right direction is guaranteed with the right mediation lawyer.
Credentials or training of the mediation lawyer
Any and every lawyer can consider becoming a mediator. However, undergoing mediation training is the only way a lawyer can rightfully fulfil the role of a mediation lawyer. Certified mediation lawyers offer numerous benefits in helping both parties reach an acceptable settlement.
Contact us at stradbrokedrc.com.au to know more.