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They can attend mediation sessions with you. They will be expected to provide
legal assistance to you and the mediator in drafting the necessary papers. Your
lawyer must help you fully understand and appreciate the rules and process of
mediation. Ask them to explain the difference of litigation from mediation, the
advantages of the procedure, possible bargaining options, your role in the
process and likely alternatives to a negotiated agreement.

Your lawyer may take a little less active role in a mediation session than in a
courtroom. In mediation, you will take responsibility for making decisions.

But when matters in the discussion put you at a disadvantage and if the
mediator

does not seem to be doing enough to settle the imbalance, you will want your
lawyer to participate more actively. When necessary, your lawyer may even call
a recess to give you advice or suggestions in private.

Lawyers in mediation will also assist the mediator in putting into writing the
terms

of the compromise agreement or a withdrawal of the complaint or a satisfaction

of claim so that it may be approved by the trial court for judgment.

What is the judge's role in mediation?

The pre-trial judge will rule on the compromise agreement you reached through
mediation. If court-annexed mediation fails in your case, the pretrial judge takes
on the role of conciliator, neutral evaluator and mediator.

The judge will sit down with counsel and their parties to hear a summary of the
case and will attempt to conciliate the differences between the parties. As a
neutral evaluator, the judge will be free to express his or her views on the
chances of each party in the case. At this point, if the parties agree to
reconsider
and undergo mediation, the judge will facilitate the settlement as a mediator.

If the parties still refuse mediation, however, the judge will then issue an order
referring the case to another judge. The order will specify that both courtannexed
mediation and JDR have failed.

I'm not very good at confrontations or talking about my case. What if | can’t
express

myself? Can someone else speak on my behalf?

While individual parties are encouraged to personally appear in mediation

proceedings, you can still authorize a representative to speak for you, whether
it's your spouse, sibling, doctor, friend, daughter, son or lawyer. But they must
be fully authorized to appear, negotiate and enter into a compromise by a
Special

Power of Attorney.

My case involves children. Do they have to attend mediation sessions?

Children are not required to attend the mediation sessions, because they
normally are represented by their parents. However, if the resolution of the case
would require a consultation with minor children, then they may be allowed in
the

mediation session

Can mediation take place even if there are instances of wife beating and other
forms of

domestic violence?

You have to inform the mediator immediately if there are such incidents of
domestic violence in your case. In these instances, the case has to be sent back
to court for trial, due to the disadvantage of the woman in such a relationship.
Can a corporation just send their lawyer to the mediation?

A corporation, through a board resolution, must fully authorize their

representative to appear, negotiate and enter into a compromise.