The short answer is IT'S UP TO YOU. Certainly lawyers may be present with parties in a mediation, however, it's not a requirement that you have one there. You and the other party both get to decide for yourselves whether to work with a lawyer, and if you do, you will be able to decide how involved their role will be.
Mediation is free for people who qualify for legal aid. A Mediation Information and Assessment Meeting (MIAM) is usually required before court, where it is safe to take place. See if you qualify for legal aid. Find out more about mediation, including where your local mediators are.
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- Mediation is taken into consideration faster as well as, frequently, less costly than normal court proceedings.
- It stays clear of the fight in between the celebrations which is integral in judicial process and also permits the events to keep their individual or specialist relationship past the dispute.
- Mediation has likewise been an increasingly beneficial device in keeping really public and also possibly damaging disputes out of the public eye as the process is confidential.
- Initially of the Employment Tribunal claim the events will certainly be asked if they want judicial mediation, and also the Employment Tribunal will certainly think about if the case is suitable.
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Mediation is when a neutral third party called a mediator works with each party in a lawsuit to reach a compromise before going to trial. The mediator helps the parties to reach a compromise. The mediator points out issues in the case or areas of weakness and benefits of settling.
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In a mediation, since the outcome must be accepted by both parties and is not decided by the mediator, a party's task is to convince, or to negotiate with, the other side. It addresses the other side and not the mediator, even though the mediator may be the conduit for communications from one side to the other.
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Mediation is first and foremost a non-binding procedure. Unlike a judge or an arbitrator, therefore, the mediator is not a decision-maker. The role of the mediator is rather to assist the parties in reaching their own decision on a settlement of the dispute.