What is the difference between a mediator and an attorney?

What is the difference between a mediator and an attorney?

A mediator is a neutral party who can provide legal information but does not give legal advice and does not “represent” any party. A lawyer is duty bound to represent only one party, and cannot represent two parties. …

Can you bring witnesses to mediation?

Mediators cannot be subpoenaed as witnesses in court to testify as to what the parties said in mediation. This part of a larger body of privilege that protects all settlement negotiations in order to encourage the parties to thoroughly explore settlement opportunities before a trial.

Can a lawyer be present at mediation?

Lawyers. Lawyers are not usually required at CJC mediation because it is not a legal process. Whether the other person or people attending mediation will wish to bring a lawyer. Whether the other person or people agree to your lawyer attending.

Do you have to be a lawyer to mediate?

Mediation is designed to help people work through conflicts without the need of a judge or legal proceedings. Therefore, lawyers are seldom needed in mediation situations. The rules of mediation, unlike many laws and legal processes, are straightforward and easy to understand.

How do I prepare for mediation?

Guidance: Preparing Yourself for MediationEnsure that both party and representative are present, fully informed and have authority to resolve the dispute. Expect the unexpected. Listen, listen, listen!! Watch those tactics. Be prepared for mediation. Be imaginative. Watch yourself.

How do you get what you want in mediation?

Mediators help the parties get what they want by asking open-ended questions to find out what it is they want. To determine their desired outcome, the mediator can simply ask, “What exactly are you looking for in this deal?” The mediator should try to determine if the parties’ wants are common, different or opposed.