Attorney For a Mediation?/Martin Rosenfeld, JD

Posted on December 20, 2020


I am often asked if an attorney is needed/required for mediation sessions. My answer is nuanced; an attorney is helpful to review a mediation agreement. However, having an attorney for a mediation is purely discretionary. Many clients can do well without an attorney in the mediation process. That is the nature of mediation give-and-take.

If a person wishes to retain an attorney for this process, what should they consider? I would outline the following list of particulars:

*The attorney must be an individual who supports mediation. Some attorneys cannot break out of the litigation mold, and they are not helpful for mediation work.

*It is far preferable to retain an attorney who has some training in mediation process.

*A proper query would be to ask the attorney how many clients have they brought to a mediation.

*As is true with any attorney one seeks to retain, ascertain that is is true “chemistry” between the two of you.

*Call up references provided by the attorney who can attest to her/his performance throughout the process.

Whether you go with or without an attorney, you are wise to have chosen mediation as the vehicle for dispute resolution. Mediate don’t litigate.