lawyers and Mediation

One of the hallmarks of the success of Brisbane Mediations has been our ready acceptance of lawyers and their involvement in our process.

Whilst we offer mediations without lawyers, we positively encourage parties to bring their lawyers should they wish. This is in marked contrast to some other recognised public mediation providers and relationship centres where lawyers are not only actively discouraged, but excluded from the process.

We recognize that mediation is not a substitute for independent legal advice.

Lawyers can help their clients understand the law, make informed agreements and write up the final agreement. However, their role extends well beyond that.

Just as mediation has grown in acceptance as a worthwhile method of dispute resolution, so too have lawyers adapted their skills in many instances so as to better represent their clients in mediation and assist them to resolve their disputes at an early stage.

Rather than feeling threatened by mediation, lawyers are increasingly adapting to the new legal culture and finding a role for themselves in the dispute resolution process.

Furthermore, many lawyers entrust their clients to our processes with confidence in our neutrality and independence, knowing that we will encourage them to contact and consult with their lawyers as appropriate at any stage of the process.

Furthermore the lawyers know that if agreement is reached in principle, then we will forward the terms of the agreement to the lawyers or invite the clients to do so. Lawyers can then formalize the terms in consent orders and ensure that the agreement reached is both understood by the parties and genuinely reflects their wishes before they sign off on the agreed terms.

Involved lawyers realise that satisfied clients are their best marketing tools and lead in many cases to further referrals to the lawyer.

We would not hesitate to say that the involvement of lawyers in our process and their acceptance of our service has been an important aid to the establishment of our business.

Mike Emerson Co-Principal Brisbane Mediations