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Mediator VS Lawyer

Tampa, FL |

What is the difference between hiring a lawyer and a mediator. Can the mediator investigate financial assets of both parties?

Attorney Answers 5


  1. If you hire a lawyer they represent you. A mediator is a neutral party who listens to both sides and tries to help them reach a resolution of their dispute. As such, the mediator will look at the financial information provided, but will not do any independent investigation.

    The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of California. Responses are based solely on California law unless stated otherwise.


  2. If you hire a lawyer they represent you. A mediator is a neutral party who listens to both sides and tries to help them reach a resolution of their dispute. As such, the mediator will look at the financial information provided, but will not do any independent investigation.

    The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of California. Responses are based solely on California law unless stated otherwise.


  3. If you hire a lawyer they represent you. A mediator is a neutral party who listens to both sides and tries to help them reach a resolution of their dispute. As such, the mediator will look at the financial information provided, but will not do any independent investigation.

    The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of California. Responses are based solely on California law unless stated otherwise.


  4. Your attorney is your advocate. It is your attorney's job to look out for your interests, and represent you zealously. You tell the attorney your goals in the representation, and the attorney devises a strategy, or game plan, for attempting to achieve those goals.

    A mediator, on the other hand, is a neutral third party, who usually knows little to nothing about your dispute. The mediator's job is to listen to both sides, review information given to the mediator, and try to convince each party to give up a little and meet in the middle. The mediator will try to guide both parties to a fair resolution of the issues.

    You can learn more about the mediation process at http://levinsonlawfirm.com/?page_id=131.

    This is NOT LEGAL ADVICE. It is intended for informational purposes only and should not be relied on to make any legal or medical or other major decisions. If you have any specific questions or inquiries regarding any of this information, you should consult with an attorney licensed in your state.

    --
    Arielle Capuano
    The Levinson Law Firm, LLC
    (954) 709-7548
    Arielle@LevinsonLawFirm.com
    www.LevinsonLawFirm.com


  5. The other answers provided are good. I can add however, that another difference between a lawyer (your advocate) and a mediator (a neutral third party who does not represent or advocated for either party) is that the mediator's job is to help the parties find middle ground to hopefully resolve the dispute. In other words, a great mediator is one who has skill at understanding both side's position and provide suggestions that both parties may find agreeable.

    While a lawyer may also be motivated in certain circumstances to help a client find middle ground with the opposing party, that is often not the lawyer's primary objective. The lawyer's primary objective (as the client's hired gun) is to help their client win (achieve the client's goals). Sometimes winning is defined by the client and/or his/her lawyer as destroying the other side's position, or preventing the other side from getting what they want. Hence, there are times that a lawyer, as a client's advocate, will not try to reach any agreements, but instead will try to decimate the other side's position so they have no choice but to acquiesce to their opponent's demands.