Role of the mediator


A lawyer who is trained as a mediator has much experience of conflict, which can also be of benefit to an out-of-court proceeding. He or she acts with an awareness of which solutions can be legally implemented. He or she can also take care of the legal implementation of the result, for example by drawing up a divorce settlement or drafting the text of a contract.

If the lawyer acts as a mediator it is not possible for them to give one-sided advice or representation to one of the parties taking part in the mediation, against the interest of the other parties, in this or a related matter.

The mediators involved are excluded from representing any of the parties in any judicial, arbitration, or official capacity in this or a related matter during and after the completion or termination of the mediation.

However, any lawyer acting as a mediator is entitled to implement the result achieved from mediation judicially or officially.

The mediator serves as a neutral third party in the conflict. Their mission is to encourage the parties to communicate in a manner that enables them to responsibly solve their conflict by themselves. They must also carry out the mediation process in complete confidentiality.

 

>> Click here for information on the mediation model

 

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