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As an attorney, working as a mediation lawyer has become crucial in the professional practice of law, since it hopes to facilitate conflict resolution in a more amicable manner.
An attorney is a legal professional who is qualified to explain and interpret laws and to handle legal matters in general. Additionally, an attorney is a representative in the legal field who provides advice to clients as an advocate, in any matter that is entrusted to them.
As part of their professional practice, attorneys must be able to facilitate dialogue between their client and the other party during legal proceedings, in order to try to reach an agreement and a possible solution between them.
A mediator is a person who specializes in facilitating dialogue between two or more people in a conflict.
The mediator is usually a party who is neutral and impartial, whose only purpose is to reach a solution to the conflict in question.
The role of a mediator is to offer a safe and neutral space, in hopes to reach agreements that can benefit all the parties involved, advocating for the rights of each party.
The end goal of mediation is to resolve a case or proceeding more efficiently, quickly, and often without having to go to court.
During a mediation process, it is vital that the parties are interested in reaching an agreement, and understand that often times they will need to compromise to a certain degree.
In Mediation there are no winners or losers since both parties stand to gain from reaching an agreement that they consent to, which settles any ongoing disputes, in turn benefiting all parties involved.
More important than anything else is that the parties involved in mediation agree on a date (by themselves or through their mediating attorney) to discuss and try to find an alternative solution to their conflict. A mediator will participate in the meeting; this mediator would be a conciliating lawyer, who will be in charge of mediating the dispute.
The next step is to go to the place designated for mediation and once there, it is common for the mediator to take the floor and start the encounter by setting up some ground rules.
Usually, the rules in a mediation meeting are simple; taking turns to speak, not interrupting the other party, maintaining respect, etc.
After the mediator goes over the rules, they usually ask each party to express the points they would like to cover during mediation. After each party explains their reason for being there, the mediator will ask them to each state what they propose to potentially resolve the conflict.
The mediator will assist the parties throughout the entire process to reach an agreement and his/her job is to look for a possible alternative if necessary.
If the parties manage to reach an agreement it will need to be documented in writing. This document will have legal value, as it is an agreement reached by the will of the parties. However, if the parties fail to reach an agreement and there is no intention to meet again, the mediation would end and the parties can start or continue litigation through the country’s judicial system.
Unfortunately, our judicial system is not perfect, and what is deemed fair according to the law can be somewhat subjective. Nevertheless, few people are familiar with the justice system, and how costly and time-consuming judicial proceedings can be.
The purpose of mediation is to be able to conduct a more casual process, and above all, avoid having to litigate a conflict in court.
Some of the main benefits of mediation are the following:
In principle, it can be said that a lawyer is not an important or necessary component of mediation, but having a lawyer specialized in mediation at your disposal can make a significant difference.
The job of a mediation lawyer is to help the parties reach an agreement by giving both parties legal advice and counsel, in order to reach the best possible outcome and resolve the existing conflict.
A mediation lawyer’s job is not to pass judgment, but the parties must be completely open to moving towards a timely understanding.
A mediation lawyer does not seek to impose their own solutions either, since their role is to help the parties find a fair solution for themselves.
It is increasingly common for lawyers to facilitate mediation between parties. These mediations extend to different areas of the law, such as criminal law, family law, labor law, and others.
At Morillo Suriel Attorneys at Law, we have a highly trained and experienced team in conflict resolution, with a great record of reaching substantial agreements.
Our conciliation and mediation department guarantees conflict resolution in a fast, effective and satisfactory manner, in any legal area, such as:
Our mediation lawyer will focus on achieving successful communication so that the parties can listen to each other and talk about possible solutions, which is why we reach a very high percentage of agreements that satisfy both parties.
Morillo Suriel Attorneys at Law is a law firm located in Santo Domingo, Dominican Republic, specialized in mediating and/or reconciling contention points, and with vast experience in the matter. We are at your disposal to assess your situation individually through a consultation and thus help you find the appropriate path for an optimal, prevailing, and timely solution to your case.
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