There is no requirement to have a Solicitor represent you at a mediation and I have been involved as Mediator in many cases where one or both parties have been unrepresented. However there are a number of advantages having a Solicitor help you at mediation:
- If you reach a settlement and sign an agreement it will be legally binding. A Solicitor can advise you of the effects of that agreement and ensure it says what you intended.
- A Solicitor can advise on the strengths and weaknesses of your legal case, helping you make properly informed decisions about making or accepting offers.
- A Solicitor has a professional duty to look after your best interests and will advise on that basis – it is up to you whether or not you accept the advice.
- Your Solicitor should be a skilled negotiator and will help you get the best solution on the day.
On balance I recommend that you employ a solicitor to help you but make sure your solicitor understands mediation and has some experience of how to get the best results. You can only find that out by asking them, don’t worry they wont be offended.
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