781.708.4445

info@levinedisputeresolution.com

Divorce Mediation Blog

What is good about mediating with lawyers present?

Tuesday, February 07, 2012

In a previous blog entry, we addressed the converse question to this one. Mediating with lawyers present is the predominant model outside of family law; and for family law outside of Massachusetts, it is far more common than the opposite. Despite the fact that most domestic relations mediation in this state proceeds without lawyers present, there are a number of good reasons why lawyers “in the room” can be advantageous. Inside or out, we always encourage a relationship with counsel throughout the mediation process.

The positive aspects of direct, present legal representation during mediation sessions that we will discuss here are that mediation with lawyers presents offers a quicker process, provides immediate opportunity for input on technical and strategic questions and one in which some clients feel more “supported”.

The reason that lawyer-attended mediation may be speedier than the alternative is that sessions tend to be scheduled for longer durations, such as half or whole day of time (as compared to roughly two-hour sessions spaced a week or more apart). The process is more intensive, intently focused and dependent as much or more on communications of counsel than on those of the parties themselves. Many cases that otherwise might involve several events resolve in one or two sessions, when lawyers participate directly.

The lawyers’ presence at mediation often occurs in a “caucus” style format. Clients have significant time alone with their lawyers to discuss questions about law, potential outcomes in court and strategy. Even when the mediation proceeds with everyone in the same room, there is time allotted for “breakout” sessions with counsel. That is one reason why we have multiple conference rooms. For some clients, this is ready access is preferable to consultation with counsel between sessions.

Finally, for some clients who do not wish to litigate, but do not feel entirely comfortable advocating for themselves, there is comfort in having a lawyer attend the mediation and speak principally for the client. Such a party might find mediation without counsel present to feel too personally confrontational; and other clients simply feel that the process is not “protective” enough without the active involvement of lawyers. Confidence in the capacity for effective communication is important.

For those people for whom the foregoing benefits outweigh those that we discussed in the earlier posting might want to consider a lawyer-attended mediation.



Get e-mail notifications of new blog posts! Enter email address below.:



Delivered by FeedBurner

other articles


recent posts


tags

divorce mediation MLB labor agreement lawyers divorce process Massachusetts alimony family support family law mediation Levine Dispute Resolution divorce arbitrator Matrimonial Arbitration Uniform Arbitration Act arbitrators separation Massachusetts Levine Dispute Resolutions Massachusetts alimony and child support med/arb Self-adjusting alimony orders resolve disputes mediations Levine Dispute Resolution Center LLC arbitrator med-arb fraud Boston private dispute resolution divorce litigation arbitration Baseball divorced Chouteau Levine health insurance disputes divorce lawyers special master alimony orders mediator pre-ARA alimony Divorce Agreements Massachusetts Lawyers Weekly Massachusetts lawyers alimony law mediation rehabilitative alimony family law arbitrator litigation COLA mediators Alimony Reform Act family law Act Reforming Alimony in the Commonwealth divorce mediators lawyer Defense of Marriage Act IRC §2704 Child Support Guidelines Baseball Arbitration General term alimony Family Law Arbitration Obamacare divorce and family law LDRC health coverage lawyer-attended mediation divorce mediations family and probate law disputes Divorce divorce arbitrators The Seven Sins of Alimony alimony divorce agreement how baseball arbitration works Baseball Players support orders divorce mediator facilitated negotiations alimony statute traditional negotiations self-adjusting alimony Massachusetts divorce mediators Same Sex Marriage child support annulment dispute resolution medical benefits divorce arbitration divorce judgment Major League Baseball Arbitration SJC family mediation conciliation alimony reform legislation Cohabitation Twinkies DOMA high-risk methodology Massachusetts Alimony Reform Act Levine Dispute Resolution Center divorce and family law mediators family law arbitrators