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According to Indiana Supreme Court Rules, Mediation “involves the confidential process by which a neutral, acting as a mediator, selected by the parties or appointed by the court, assists the litigants in reaching a mutually acceptable agreement. The role of the mediator is to assist in identifying the issues, reducing misunderstanding, clarifying priorities, exploring areas of compromise, and finding points of agreement as well as legitimate points of disagreement.”Indiana Supreme Court Rule 2.1
Do you need to have a lawyer during a mediation? No, 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. But there are some issues to consider when deciding if being represented by an attorney is in your best interest and advantages as to why you would hire an attorney for a mediation.
First, some factors to consider when deciding whether to hire an attorney for an employment law mediation:
Financial Obligation - Can you afford to retain a lawyer for the mediation as well as pay your share for a mediator? Typically, fees for your lawyer are your responsibility, and mediator costs are split equally between parties. Are there arrangements that need to be made or possible settlement payments that would allow you to afford legal counsel?
Complexity of issues to resolve - How complex is your situation? How well do you know your responsibilities and entitlements? What are the issues? How confident are you in your ability to advocate for yourself? Issues of employment law are typically very complex and fact specific.
The Other Side - How willing of a participant is the other party? How motivated are they to come to an agreement through mediation? Is the other party a large corporation, or a small group of individuals?
But what are the advantages to having representation at your mediation? Mediation is an emotionally charged and stressful process, and having someone experienced by your side when you’re going up against your employer can ease tensions on both sides. Plaintiffs may hire attorneys for mediations because:
You have someone to help advocate for you;
There is someone to help you keep your emotions in check during a charged situation;
You have an objective person who can hold the bigger picture in mind and depersonalize things during the mediation process;
Your counsel can help you feel safe and supported;
There is instant access to legal information and advice about matters you might not be aware of (for example, tax implications);
If you work with an experienced lawyer, they will have many previous situations they can draw from to help can suggest creative solutions
Your legal counsel will help you evaluate offers and proposals that are put forward for you to consider;
You have someone who’s staying up to speed on your situation and can, if you fail to resolve all your issues in mediation, give you advice on what steps to take next;
You can potentially be more efficient in coming to a resolution as you do not have to break to get legal advice and re-schedule the mediation for a separate session.
Amber Boyd-Moorman and her team are experienced in employment law mediation, and provide competent representation to clients going through the mediation process. Book a consultation today, and secure equitable representation.