Does a mediator eliminate the need for lawyers?
A party is not required to be represented by a lawyer at mediation sessions, but it is highly recommended that they each have an independent lawyer with whom they can consult. Mediation can, however, minimize or substantially reduce a lawyers time and involvement. When a lawyer/mediator is acting in the role of a neutral, whether as an arbitrator or a mediator, the mediator cannot represent either party or give them legal advice. To do so would destroy the mediators neutrality and is contrary to the ethical standards of conduct for mediators. Lawyers are, of course, welcome at mediation sessions, and in many cases are often present. The ideal and most expeditious way appears to be for the parties to attend the sessions with the mediator alone and with no lawyers present. However, it is advisable for them to consult with their lawyers both before beginning mediation, and between sessions, to determine the parameters of their legal rights and responsibilities. At the conclusion of the me
