The short answer is IT'S UP TO YOU. Certainly lawyers may be present with parties in a mediation, however, it's not a requirement that you have one there. You and the other party both get to decide for yourselves whether to work with a lawyer, and if you do, you will be able to decide how involved their role will be.
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- Mediation additionally makes it possible for the celebrations to find creative solutions to their conflict which they can not acquire in court.
- Mediation is thought about faster and also, usually, less costly than ordinary court proceedings.
- It stays clear of the battle between the events which is intrinsic in judicial procedures and enables the events to keep their specialist or individual relationship past the dispute.
- First of the Employment Tribunal assert the celebrations will certainly be asked if they have an interest in judicial mediation, and the Employment Tribunal will think about if the case appropriates.
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Mediation is when a neutral third party called a mediator works with each party in a lawsuit to reach a compromise before going to trial. The mediator helps the parties to reach a compromise. The mediator points out issues in the case or areas of weakness and benefits of settling.
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In a mediation, since the outcome must be accepted by both parties and is not decided by the mediator, a party's task is to convince, or to negotiate with, the other side. It addresses the other side and not the mediator, even though the mediator may be the conduit for communications from one side to the other.
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Mediation is first and foremost a non-binding procedure. Unlike a judge or an arbitrator, therefore, the mediator is not a decision-maker. The role of the mediator is rather to assist the parties in reaching their own decision on a settlement of the dispute.