Do I need a lawyer for mediation services in Montreal?

In most cases of mediation there is no urgency to involve mediation service in Montreal, however there are some situations where it may become necessary to take advice from an expert lawyer.  With the knowledge of legal issues that you may be facing and the understanding of mediation processes, a lawyer would be in a better position to provide advice on the steps needed.  There are certain situations, such as mediation related to property rights or if there are legal issues involved, where a lawyer can guide you through the consequences of any decision you may take.

When complex issues are involved, it becomes easier to consult a lawyer during mediation itself and negotiate matters as per discussions with the lawyer. Let us now go through a few of the other benefits of using the services of a lawyer during a mediation process.

Six Main Benefits of Using the Services of a Lawyer During Mediation

Benefit #1: Reach Workable Solutions

During mediation, a lawyer can suggest ways that both parties can benefit. When a lawsuit occurs, there are limited possibilities and one side may win while the other side loses. Lawyers can offer creative solutions, for instance, a lawyer can suggest a parenting plan which will take into account the work schedule of both parents.

Lawyers and the mediation process gel since lawyers often also suggest extra incentives so that both parties may continue with their negotiations. They also play a crucial role in overcoming roadblocks people may encounter during their negotiations. Such positive steps help in bringing about a faster resolution to the issue that is being discussed during mediation. Lawyers can also create the agreement as soon as the mediation process completes, so that both parties can settle the dispute or issue.

Benefit #2: Get Assistance with Paperwork

Oftentimes, mediators want to understand the factual background of a case before they get involved in it. As such, they may ask both parties to answer certain questions related to the case. Moreover, it is possible that the mediator requires both parties to submit a written statement about their viewpoint on the events that have occurred.

Additionally, both parties can be asked to sign agreements, such as confidentiality agreements. The benefits of having a lawyer is that he will be able to properly explain the usefulness of these documents and help you prepare them.

Benefit #3: Examine Settlement Considerations

Clients will have to decide when any settlement option is offered to him or her at the time of mediation. The role of the lawyer here will be to guide his client about the feasibility of the settlement that is offered and whether the terms laid out in the settlement are acceptable. Lawyer will also check if a lawsuit will be more beneficial for the client.

The lawyer will be examining the weaknesses and strengths of the case during the assessment of the settlement opportunity and warn their client about the potential pitfalls of accepting a settlement option offered by the other party.

Benefit #4: Develop a Binding Agreement

In case an amicable decision is reached during mediation, a lawyer will take up the task of creating a binding agreement.

Either the lawyer will create his own statement or check the statement created by the lawyer of the other party to make sure the agreement would be enforceable.

Benefit #5: Help Prepare for Meditation

Before someone takes part in a mediation session, it would be necessary for him or her to properly prepare. The role of the lawyer here is to explain the mediation process to assist his or her client comprehend all the details. Lawyer will also suggest information that the client should or should not share during mediation.

The lawyer will also make sure that you get complete disclosure from the other party so that all the facts and figures are available before negotiations start. This way it will become possible for you to take an informed decision regarding what should be part of the agreement. In addition, the lawyer can also assist you with identifying and narrowing issues which are to be resolved. This way you will be able to focus on primary legal issues that are to be discussed during mediation.

Another thing lawyers will do is update you about the legal principles that will be applicable in your situation and help you understand the kind of position you should take. A lawyer’s responsibility will be to advise what can be considered an equitable resolution of the issue.

Benefit #6: Provide a Mediation Brief

During mediation, the lawyer will create what is known as a mediation brief that will put forward your perspective of the facts, offer a gist of the issues, and inform the other party what your expectations are out of the mediation process.

All such details will help the mediator better prepare for the mediation process and assist both parties in reaching a resolution.

Factors to Consider

Let us explore a few of the factors that will help you decide whether using the help of a lawyer during mediation will be right for your situation.

  • What is the complexity of the situation you are facing?
  • Is the other party willing to negotiate?
  • Is the other party bringing in a lawyer?
  • Are you able to properly advocate for yourself?
  • Would you feel more comfortable having a lawyer accompany you during mediation, who has several years of experience in attending such mediation sessions?
  • Do you feel the need to have someone who can take up the responsibility of organizing as well as bringing all the legal documents?
  • Are you looking for a lawyer who will be able to depersonalize things and help you maintain your focus during mediation?
  • Do you need legal advice about things you are not aware of such as tax implications of certain decisions you make during the mediation process?
  • Will it be necessary to evaluate the proposals and offers put forward at the time of mediation?
  • Do you want to expedite the process without having to break the sessions just to receive legal advice from a lawyer and then re-schedule the session again?