Other professionals often play a critical role in making mediation an effective and positive process. Some professionals commonly involved in mediations are: Lawyers Lawyers play an important role in the mediation process. Parties entering mediation should know their legal rights and obligations so that they can make informed decisions.(For further information see The Resource Centre) Although it is not necessary to bring a lawyer to mediation, some participants in family mediation and many participants in civil/commercial mediation feel more comfortable having their lawyer with them at the table. This is particularly so if the law is central to the issues to be dealt with at the mediation. The decision whether to bring a lawyer rests entirely with you: do you feel that you need your lawyer present in order to have an informed, balanced and productive discussion? Remember that decisions made in mediation are not binding until legal advice has been received and an agreement signed. Because lawyers are trained in adversarial representation, the research shows that the more contact parties in mediation have with lawyers, the less likely they are to reach an agreement in mediation. The role your lawyer plays will very much depend on your needs and your circumstances. Whether your lawyer is actively involved in the process or just giving advice from the sidelines, it is important that your lawyer clearly understands what you seek to achieve in mediation so that he or she can fully advise you of the legal implications of your choices. Accountants and Business Valuators These experts are often used in mediation to save the parties the time and expense of each hiring their own experts to support their positions. Many family mediations involve valuing assets such as family companies, finding ways of creatively dealing with tax issues, or transferring property from one spouse to another. Accountants or valuators are often needed to come up with numbers that all can agree on in commercial mediations. Their neutral expertise can be essential to a fair and informed mediation process. • back to top Property Appraisers In family and commercial mediations, appraisers can be retained jointly by the parties to arrive at values for residential and commercial real estate and contents. Counsellors and Therapists These professionals are often helpful to parties in the mediation process. The stress and distress associated with separation and divorce can interfere with mediation. Even family mediators who have a social work or psychology background may recommend counselling if appropriate. Difficult emotional and clinical issues involving children are often arise in family mediation. In such situations, the parents will often jointly retain a child psychologist for advice. Actuaries Actuaries are needed in family mediation, when pension assets are being valued or life insurance amounts are being determined, and in civil cases when future losses or other losses are being calculated. Jointly retaining an actuary whom both parties trust enhances the mediation process and saves the parties time and expense. Other experts Disputes that are being resolved in mediation often raise unique and challenging questions. Bringing an objective “expert” into the process can help the parties make informed choices and help move them beyond impasse. • back to top