The direct involvement of an attorney is not required in most mediation proceedings. The people involved are trying to work together to solve their problems and come to an agreement; therefore, they are less likely to need a lawyer to convince the judge or arbitrator of their point of view. These people can usually handle the process themselves with less trouble because the mediated rules are few and simple.
However, participants may wish to consult with an attorney prior to mediation to discuss the legal consequences of the likely terms of the agreement, especially in cases involving substantial property or legal rights. Also, at the end of the mediation when it comes to competition, the parties involved may want to provide for obtaining an attorney’s approval in the written agreement.
If one of the parties seriously wants a lawyer on their side to help with the mediation, choose one who really supports the process.
Additionally, the selection would largely depend on whether the legal professional would advise during the mediation or only during the initial and final consultation. When you are interested in ongoing training from a lawyer, your personality and attitude towards self-help law would mean a world of difference compared to when you would just provide legal advice.
Emphasize the point from the beginning of your consultation that you want a lawyer who is supportive and understands mediation. He (or she) can help you prepare, but does not necessarily expect (and the lawyer should not assume or impose) her presence at the actual sessions. In addition, you must be available to review any documented settlement documents before you sign them.
It is difficult to determine if the attorney is sincerely advocating mediation, especially if you rely only on the phone book, legal directory, or advertisements. It is best to consult with trusted individuals (family and friends) who may have retained the services of the type of attorney you are seeking. These references, however, are still not enough. You would need to speak personally with the legal professional to ensure that you will have a comfortable and harmonious working relationship with each other, especially since you would have to divulge pertinent and sometimes very personal information with him or her.
There are two important questions, among others, that you should ask your potential representative: experience and training. Has the attorney ever worked with clients in mediation? Find out what he or she thinks of the process or if it was successful for the client or not. And has the lawyer received training in mediation? See what training it was: to be a real mediator or how to effectively represent clients in mediation. You may want to go for the latter; you are not looking for a mediator anyway.
Lastly, be fully aware of the attorney’s fees. It will not be less or do not expect any discount because you are in mediation; attorneys would generally be charging their usual hourly rate.