The Role of Lawyers in Mediation: What Does the Future Hold?

• Published on: Mar 27, 2023

An alternative dispute resolution method is mediation. It is normally the parties involved in a dispute in court who are involved in a mediation. Ultimately, referring them to mediation will result in a peaceful resolution without judicial intervention. There is often a question about lawyers' role in mediation, as well as the future of the field. Understand how lawyers play a role in mediation as well as how they protect the interests of parties.

Lawyers may opt for Alternative Dispute Resolution as a fashion trend, but what will they do with it? Is there a role for lawyers in alternative family dispute resolution? It is still crucial for practising lawyers in India to play the role of advocates in settlements outside the court, since convincing the court is not the only task they have. In the case of mediation counsel, they must assist their clients since even statutory provisions follow the black letter of law. A law cannot compromise anything unless it is permitted to do so. The role of lawyers in mediation is often misunderstood by people ignorant of these black letters. Explore the future of mediation and lawyers' role in it.

What is mediation?

The key to succeeding as an advocate in out-of-court settlements in India is to understand mediation processes. Court litigation is the traditional mode of dispute resolution in India. As a result, the road to justice has been slowed down tremendously in recent years due to overburden in this mode. Through Section 89 of the Code of Civil Procedure, courts promote Alternative Dispute Resolution as a means of resolving disputes. The result is the encouragement of settlements outside of court. Alternate methods, usually mediation, are suggested during litigation if they are permitted by the facts. Through mediation, parties can resolve their disputes with the help of a mediator. Mediation can save both parties' interests if it suggests a middle ground.

Parties in a mediation.

Where there is the possibility of an amicable settlement in a family matter, the courts usually refer the parties to mediation. Lawyers who specialize in family law are more familiar with mediation's typical outcomes. Family partition disputes, divorces, child custody disputes, etc., are usually dealt with this method. Mediators typically represent people from the same family, either by blood, marriage, or adoption. Mediation provides a forum for parties to resolve disputes and offers appropriate solutions to those disputes by providing a neutral agent, i.e. a mediator.

Can my lawyer represent me in mediation?

It appears that mediation statutes do not specifically restrict counsel's role in mediation. Some people are intimidated by mediation, and they ask questions like, "Can my lawyer attend the mediation?" And how does the lawyer participate in it?As far as the former question is concerned, there is no specific prohibition on lawyers participating in mediation. Nevertheless, the mediator may not allow parties to meet privately and individually during mediation if they are meeting privately or individually. Below you will find a detailed explanation of the role lawyers play in mediation.

What do mediation lawyers do?

Advocates are often assumed to play no role in outside court settlements. Law is often written in black letters, making it difficult for laymen to understand. They are, however, responsible for governing the ADR process. Mediation lawyers have a strong understanding of both mediation and the laws applicable to mediation. It is counsel's responsibility to assist their clients in mediation and to explain the legal implications of their statements.

The Role of Lawyers in Mediation - Pre Phase

• Mediation cannot be used as a means of giving legal advice, which is why lawyers play such a vital role in the process
• Provide legal guidance regarding the matter
• Before mediation begins, gather all the facts
• Provide the parties with information about their options outside of mediation.
• The client should prepare a brief description of what he/she wishes to achieve by continuing the mediation process.

During mediation, what does a lawyer do?

Maintain compliance with mediation statutory provisions

Mediation representation for the parties

• Lawyers may negotiate on behalf of their clients in mediation
• Provide clients with a clear understanding of their rights and terms
• Determine what issues are most important to the client
• During mediation, monitor any legal problems faced by the client
• In a mediation proceeding, lawyers are also responsible for suggesting an equitable solution for parties

The Role of Lawyers in Mediation - What Does the Future Hold?

Alternative Dispute Resolution is often viewed by the legal profession as threatening the 'Right to Livelihood'. Mediation lawyers' responsibilities are clearly illustrated by what has been discussed above. Therefore, lawyers play an important role in mediation. If things do not settle in mediation and the parties turn back to litigation in courts, counsel's role in mediation is beneficial later on.