A mediation lawyer must be an infallible ally for his client. To fulfill your duty with the greatest success, here are the fundamental missions that should guide you.
Do assessment work
The assessment is the first and most important step in the mediation process. It shows the customer the benefit of using this procedure to the detriment of legal action. The negotiation will keep all its value when the interested parties find their interest in this process. To draw your client's attention to the benefits of using mediation, here is the procedure to follow:
- The duration of the dispute : let customers know that the mediation procedure is faster than litigation. Its speed is due to the will of the parties to put an end to the dispute between them.
- hazards of procedure : recourse to mediation does not present the risks observed in the legal procedure. It is a recourse that is exempt from any constraint relating to the presentation of evidence as required by the judge in court. The difficulties of arrests and indictment are excluded from this procedure.
- The financial aspect : unlike recourse to court which can generate enormous expenses related to the payment of fines and damages, the cost is limited to the costs of fees and is thus very light.
Inspire trust in your customer
To be a good mediator, you must inspire trust in your client. Because it is from trust that your proposals will be accepted by mutual agreement between the people in dispute. Negotiation cannot take place without a climate of trust. Confidence cannot be seen in your approach when just one of the following is failing:
- The transparency of the procedure.
- The impartiality of your intervention.
- The establishment of a negotiation clause.
- Compliance with regulations.
- The validity of the consent of the parties.
Prepare the dispute resolution strategy
The preparation of strategies that lead to the resolution of the dispute is not done unilaterally. Negotiation is the work of communication and it must be the result of sufficiently prepared work. If the jurisdictional sentence constrains people to follow the judge's decision, the negotiation comes to this same result without any constraint.
Whether your lawyer is a criminal lawyer, a business lawyer, or a labor law lawyer, all lawyers in mediation take into account the interests of their client in the resolution of the dispute. However, the procedure must not be exercised in violation of the law.
In summary, the fundamental missions of the lawyer in mediation are:
- Carry out evaluation work to make clients understand the interest of resorting to mediation.
- Inspire trust in your client by being transparent, impartial, establishing a negotiation clause and respecting the regulations.
- Prepare a dispute resolution strategy that will be acceptable to both parties.