mediation should i have been in room with all lawyers in w/c mediation settlement or just my lawyer
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mediation should i have been in room with all lawyers in w/c mediation settlement or just my lawyer
Asked on April 13, 2009 under Personal Injury, Minnesota
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 15 years ago | Contributor
This is something your lawyer should have advised you on.
In some states and forums there are strict rules as to who may and must be there. In most cases there is great flexibility, and practices differ.
Sometimes the lawyer regards the client as a critically important person to be in the room during mediation as the client warrants the sympathy of the mediator and the other side, and people want to help him. Sometimes the client's presence is something the lawyer wants to minimize as some clients are a disaster and become the other side's best advocate.
Some mediators want to shuttle back and forth between 2 rooms, some want all the parties and all the lawyers in the same room. There is no right or wrong, and it's often a judgment call or matter of style.
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