One Divorce Lawyer or Divorce Attorney in Mediation

Having a single attorney representing one party in mediation with the other party unrepresented by an attorney (called a “Pro Se” party) can be problematic because of the so-called power imbalance. This imbalance is brought about by the attorney’s knowledge of the law or greater ability to advocate or articulate the represented party’s position and interests. Special care must be taken to insure the unrepresented party’s position is heard, understood and appreciated so the mediation does not result in an agreement favoring the represented party. In addition, it may be harder to reach an agreement because the unrepresented party may feel reluctant at times to sign an agreement without fully understanding its legal ramifications or results. An exceptional attorney may be able to explain the legal ramifications of the agreement for both sides while maintaining a position of advocacy. It is the mediator’s responsibility to compensate for this power imbalance by taking special care that the unrepresented party’s position is adequate heard and understood.

Glen Bickford (Bickford Mediation) has been involved successfully with many mediation or evaluation cases with unrepresented parties. He takes great care to maintain a safe environment and facilitate a balanced agreement for all parties. No party will be forced or coerced into signing an agreement without full understanding and full agreement with the mediated settlement.

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