Jul 28

From how lawyers can sabotage the mediation

Mediation is a technique of peaceful conflict resolution whose purpose is that the parties involved to take the reins of their agreement, and therefore your life. In the area of ​​divorce, family mediation should enable those involved creating possibilities and make fair decisions, with which both are satisfied.

According to the experience of some lawyers, this is a fantastic tool that allows stay away from lawsuits in court and less costly, both financially and emotionally. It is an opportunity to maintain a communication function and used to reach positive conclusions for all parties involved. However, there are lawyers who are against this practice.

Henry Gornbein recounted in an article his experience as a lawyer and “fan” of mediation, who has lived both cases in which both lawyers support mediation and concluded with an agreement, in cases where opposing counsel exerted enormous pressure on their client, so that mediation did not work. In these cases, Gornbein watched the opposing attorney announced his client would not work beforehand, he should do exactly what he said and he should not take any decision without having previously consulted him.

According to Gornbein, when a person in the process of divorce mediation to be integrated in your trading, it is important to make sure the professional to accompany and advise not legally become a saboteur of mediation. Therefore it is advisable to consider the following thoughts about mediation:

1. If used properly, is an excellent process.

Two. Make sure your lawyer believes in it. Talk to the lawyer at the beginning of the event and discussed.

Three. Remember that the lawyer works for his client, and not the reverse.

April. Be prepared to spend time to negotiate, mediate, and if necessary, to yield. A good agreement is one in which all yield.

May. If your lawyer tells you that the mediation fails, or is strongly opposed to it, then maybe it’s time for you to change lawyers.