IN THE PROFESSION pro-se or uncooperative parties . In many instances , lawyers can also call upon the ADR program or court to assist them in scheduling mediation .
2 . Power Imbalance
There may be a significant power imbalance between parties , making it challenging to achieve a fair resolution . Lawyers must advocate for their client ' s interests and ensure that mediation remains a level playing field .
3 . No Guaranteed Resolution
Mediation does not guarantee a resolution . Some disputes may remain unresolved , requiring parties to return to the court system for a final judgment . Lawyers should prepare their clients for this possibility and discuss the potential outcomes .
4 . Emotional Challenges
Mediation can be emotionally taxing for clients , especially in cases involving personal or family disputes . Lawyers must provide emotional support and guidance to help clients navigate the process .
V . Who ’ s Allowed to Attend In addition to the parties involved , mediation sessions may include the following individuals :
1 . Persons with Authority
The parties themselves , or a representative with full settlement authority and full knowledge of the case should attend the mediation session . If an attorney or representative appears without their client , and without full authority , this only serves to slow down the process and may be a barrier to settlement .
2 . Attorneys
Attorneys are encouraged to attend ADR sessions and may never be excluded by the court or ADR provider . Attorneys can assist in negotiating favorable terms and ensuring their client ’ s interests are protected . Many program rules also allow for unrepresented parties to have any agreement reached reviewed and approved by an attorney before becoming binding . Lawyers should carefully review program rules in advance before deciding not to attend a mediation session with their client .
3 . Support Persons
When made by agreement of all parties in advance , parties are allowed to bring support persons , such as family members , friends , or advisors , to the mediation session . When considering whether to agree to a support person ’ s presence , lawyers should consider whether the support person will be essential to the party being able to reach resolution .
4 . Interpreters
If language barriers exist , interpreters may be present to facilitate communication between parties who do not speak the same language fluently .
Court-ordered mediation has become an integral part of the modern legal landscape in Georgia , offering a range of benefits for clients seeking efficient , costeffective , and amicable resolutions to their disputes . However , lawyers must approach mediation with a well-prepared strategy and an understanding of the potential pitfalls . By following best practices and advocating effectively for their clients , lawyers can harness the power of courtordered mediation to achieve favorable outcomes and foster a more collaborative approach to conflict resolution in the legal profession .
PHOTO CREDIT : PEXELS www . atlantabar . org THE ATLANTA LAWYER 21