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Litigation - Mediation - General Questions

  Page 15 of 18

Do I need a lawyer for a mediation?
If you have filed a lawsuit, you should not agree to any settlement without advice from an attorney who represents you and your interests.

While you may choose to mediate without a lawyer being present, it is generally not a good idea. A lawyer representing you at the mediation can advise you as you consider different options. While you – the disputant – decide what terms you are willing to agree to, you’ll benefit from the lawyer’s advice and experience, and also have the benefit of her explanation of the legal consequences of any proposed agreement.

Although no lawyer is "required" in a mediation, even if you and all the other disputants agree to mediate before there is any lawsuit, having advice from a lawyer makes sense. Any agreement you reach in the mediation may have legal consequences. We recommend that you check with a lawyer before you go to mediation, and definitely before you sign any agreement.
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