What will lawyers do if Alternative Dispute Resolution is a trend? Do lawyers have a role in ADRs? In India, the role of the advocate in settling outside the courtroom is still important because convincing the court isn’t the only thing that lawyers do. In terms of the part of the mediator, the lawyer must assist his client since the statutory mediation provisions are based on the black letter of the law. The law will not allow compromises to be made unless it is necessary. Unaware of the black notes, people often accept terms that are against their interests because they ignore the role of mediators. Learn more about the future of lawyers and their role in Mediation.

What is Mediation?

Understanding the mediation process in India is crucial before assuming the role of an advocate for an outside court settlement. In India, court litigation is the most common method of resolving disputes. This mode of dispute resolution has become overburdened, which has slowed the process of justice. Alternative Dispute Resolution is the escape route that courts promote through Section 89 of the Civil Procedure Code, which encourages out-of-court settlement. If the court determines that the facts of a case allow it, alternative methods are usually suggested. The parties can settle their Dispute through a mediator, who will offer a solution that is in the best interest of both parties.

Parties to a Mediation

In family cases, courts will refer parties to Mediation if there is a possibility of a negotiated settlement. Family attorneys have a better understanding of the typical outcomes of Mediation. It’s usually when it comes to divorce or custody of children. Parties to mediation are often people who are related by blood, marriage, or adoption. The neutral party is the mediator. The mediator gives parties to a mediation an opportunity to find a solution and make suggestions.

Can I have my lawyer represent me at Mediation?

Note that the statutory mediation provisions do not restrict the role of counsel in Mediation. Many people are afraid of Mediation and ask questions such as “Can my lawyer be present during the mediation? “and “What is a lawyer doing during mediation?”. Since there is no restriction on the presence of attorneys in Mediation, the answer to the first question is yes. When meeting with parties privately and individually, the mediator may not permit this. Below is a detailed response to the second question regarding the role of attorneys in the mediation process.

What is the role of a Mediation Lawyer?

It is common to assume that the role of an advocate in a settlement outside of court is null. People often forget that black letters are the governing authority of the ADR process, even though they are difficult to understand by laypeople. Mediator lawyers are familiar with both Mediation and laws that may impact the interests of parties to a mediation. Counsel’s role in Mediation is to educate parties about the legal consequences of their statements during the process.

Role of lawyers in Mediation – Pre-phase

The role of lawyers is crucial in Mediation since a mediator cannot give legal advice to clients.

Inform about the applicable legal principles

Before Mediation, get all the facts in front of you

Tell the parties the different options they have out of said mediation process

Prepare a short of the client’s version, indicating his/her goals for ongoing Mediation

What is the role of an attorney during Mediation?

Pay attention to the legal provisions of Mediation

Representation of the parties at a mediation

Lawyers’ role in Mediation can extend to negotiating for clients

Confirm the rights and obligations of clients

Identify major issues that affect the client’s interests

Keep an eye on any legal problems that the client may face during Mediation

Lawyers’ role in a mediation process includes recommending an equitable solution to the parties.

The role of counsel in Mediation – after the process

What does the client want in a mediated agreement?

Confirm that the award of Mediation includes all terms discussed in the Mediation.

Only sign the agreement after the client is satisfied.

When parties fail to resolve the issue during Mediation, the role of attorneys in Mediation ends. Regular litigation begins.

Mediation should not affect the rights of clients in court