When going through a legal dispute, there can be
confusion regarding the decision to use a traditional lawyer or a Coolangatta mediation Lawyer. Hence the need to know the difference between the two
Although both traditional lawyers and
Coolangatta mediation Lawyer are trained to handle conflict, there is a key difference between
the two.
·
A traditional lawyer acts as an
advocate for a party on one side or the other of a dispute. A Coolangatta mediation Lawyer assist
their client to obtain the best information and positive mindset possible. This
will maximize the client's expression of self-determination on process and
outcome, whether or not settlement ultimately is achieved.
·
Traditional Lawyers typically approach
disputes in a competitive and rights or position based manner and are used to
exercising control over the litigation process. Mediation lawyer on the other
hand presume on identifying interests rather than rights or positions and on
the party being involved in the process.
·
A traditional lawyer's role is to fight
or advocate for one party that has hired them. The goal is to achieve favorable
outcomes for their client. On the other hand, the mediator's role is to
facilitate discussions so that the parties can identify and actively negotiate on
issues such as financial matters.
·
The role of a traditional lawyer is to
give legal advice and frequently guide their client's approach. A mediation
lawyer is impartial and independent of the parties and can assist to help build
and develop dialogue in a neutral environment. With a mediator empowering the
parties, they are able to make their own decisions based on their commercial
standpoint, which speeds up a substantial part of the argument.
·
A good traditional lawyer’s goal is for
the win whether his client is the right side or wrong side of the law. A good
mediator knows how to look at an issue from all sides, suspend judgment, and be
supportive without taking a personal position
According to US Equal Employment
Opportunity Commission, here are some reasons why Mediation is important in the
legal procedures
·
Mediation is fair and neutral. Parties
have an equal say in the process and they, not the mediator, decide the terms
of the settlement. There is no determination of guilt or innocence in the process.
·
Mediation is confidential. All parties
sign a confidentiality agreement. Information disclosed during mediation will
not be revealed to anyone.
·
Mediation avoids litigation. Mediation
costs less than a lawsuit and avoids the uncertainty of a judicial outcome.
·
Mediation fosters cooperation.
Mediation fosters a problem-solving approach to complaints and workplace
disruptions are reduced.
·
Mediation improves communication.
Mediation provides a neutral and confidential setting in which the parties can
openly discuss their views on the underlying dispute. Enhanced communication
can lead to mutually satisfactory resolutions.
·
Mediation allows you to design your own
solution. A neutral third party assists the parties in reaching a voluntary,
mutually beneficial resolution. Mediation can resolve all issues important to
the parties, not just the underlying legal dispute.
Mediation
can be a very effective form of alternative dispute resolution, but it is
important that you choose the right mediator to have the best chance of success
by having a mediator who is trained, certified, and has extensive experience
mediating all types of disputes.
