Conflict is a part of life, and many people think of conflict as part of any legal dispute. Mediation is a form of alternative dispute resolution (ADR) that takes a collaborative approach and encourages parties to communicate to come to a resolution without trial.
An Albuquerque mediation lawyer could play a pivotal role in helping clients in mediation and other types of ADR. While mediation is a great way to settle disputes, it offers opportunities for parties to press advantages and use power differentials to influence outcomes. A lawyer helps you get the benefits of mediation while looking out for your interests and making sure they are protected and represented throughout the process. Whether you are dealing with family disputes, business conflicts, or personal disagreements, a skilled family lawyer can provide the guidance you need to reach a fair resolution.
When people picture a lawyer, they often have visions of courtroom greats relentlessly grilling the opposing party. While these courtroom moments make for great drama, they do not reflect the everyday reality of essential conflict resolution.
Mediation lawyers assist clients in the alternative dispute resolution process. Mediation is a form of structured negotiation where a neutral third party—the mediator—helps both parties move toward an agreement. While mediation lawyers may also be mediators, they do not act as mediators when representing a client. They prepare them for mediation sessions, explain the process, and help them understand their rights and responsibilities.
Many people are unsure about the mediation process. A mediation lawyer helps prepare them for it. First, the lawyer prepares the evidence by reviewing all relevant documents, evidence, and facts, and identifying priorities for the process. They might even take clients through mock mediation sessions to help them understand how mediation proceeds.
Lawyers also provide legal advice. They may look outside of the law for more equitable solutions. A lawyer’s job is to ensure that clients understand the law, how it applies to the situation, and what impact an agreement could have on the client’s legal rights.
Lawyers can also help their clients with negotiation strategies. While mediation is a collaborative process, likely to involve both parties moving from their original positions, negotiation is still essential. A lawyer’s job is not to advocate for their client’s position with the mediator as much as it is to advocate for their position with the other party.
If the parties do reach an agreement, a lawyer can draft the agreement. Agreements need to be legally binding and enforceable. They also need to accurately reflect what the parties actually agreed to in the mediation. Even if the other party’s lawyer drafts the agreement, an Albuquerque mediation attorney could review the agreement for accuracy, legality, and enforceability.
Mediation can be a great solution in almost any setting, but it is particularly valuable when the parties have an ongoing relationship.
Family law matters are fantastic for ADR, especially when the matters involve children. Divorces, child custody disputes, parenting plans, and visitation rights all have the potential to create lingering problems. Mediation could help resolve them. It could even help couples reach an equitable distribution of assets and property. However, if there is a history of family violence, then mediation could offer an abuser an opportunity to continue the imbalance of power. A mediation lawyer in Albuquerque could help protect victims in that scenario.
Mediation and other forms of ADR are an increasingly popular way to resolve legal disputes. An Albuquerque mediation lawyer could help you through the process. They could also help you if mediation is unsuccessful, whether that means further negotiation, litigation, or arbitration. Schedule a case evaluation to learn more.
