FAQ: What is my attorney's role in mediation? (click here to return to FAQs)


CHECKLIST OF THE ATTORNEY'S ROLE IN MEDIATION

Be sure to hire a lawyer who understands mediation and will support you as you participate in the mediation process.

1. Does your lawyer know and support the mediation process?

2. Has your lawyer explained the mediation process to you?

3. Have you and your lawyer reviewed the facts in detail?

4. Did you and your lawyer go over your budget, assets and liabilities?

5. Did you discuss your best case result if you went to court?

6. Did you discuss your worst case result if you went to court (Did you discuss what your spouse’s lawyer is probably advising him/her)?

7. If your lawyer gave you an opinion of the likely outcome, did the lawyer state the facts supporting that opinion?

8. Did you go over a laundry list of things that could and should be covered in mediation?

9. Is the lawyer willing to be accessible by phone during the mediation session?

10. Will the lawyer advise you without a large deposit (retainer) since you’re only seeking advice and not court representation?

11. Will the lawyer be accessible by phone or for an office appointment on short notice after each mediation session if you need it?

12. Did your lawyer advise you that an experienced lawyer-mediator gives you your best chance for a successful mediation?

13. Did your lawyer refer you to Virginia Mediation at The Mediation Center, Inc., 1119 Caroline St.,Fredericksburg, VA 22401; telephone (540) 373-1848?

 

 

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