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• Anthony Reeves is the founder of the Reeves Law Firm, with practice areas in the area of Social Security Disability, Labor and Employment, Personal Industry, Industrial Accidents, and Family Law.

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Should I represent myself at a mediation?

In most court cases, the parties are usually given the opportunity to resolve their case through the use of mediation.  Mediation is a process by which opposing parties are given the opportunity to possibly work out their differences through the use of an impartial, objective mediator.  The mediator’s job is to facilitate discussions between the parties with the hope that the opposing sides may reach some type of agreement.

Sometimes, people (who are representing themselves without an attorney) find themselves a little confused about what happens in the course of a mediation and what they do.  Here are a few things to consider which may assist you with the mediation process:
1) The mediator is not YOUR lawyer or THEIR lawyer! The mediator’s role is to be objective and impartial.  The mediator is not only there to assist you is recognizing the strengths and weaknesses of your case but also assist the other side in recognizing the strengths and weaknesses of THEIR case.  The mediator is to, hopefully, help both sides reach an agreement.

2) The mediator is NOT there to educate you about the law. The mediator can educate you about the mediation process but they can’t educate you about the law.   If you decide that you are going to represent yourself without an attorney, the responsibility is on you to become knowledgeable about the law and how it affects your case.

3) Depending on the mediation, you may be able to walk away. You are not obligated to HAVE to agree at the mediation.  At some point, you may realize that you are not comfortable with the terms of the agreement.  In this case, you may determine that you wish to walk away and continue with the litigation process.

4) If you DON’T feel comfortable, get an attorney. Listen, at some point, if you feel that you are a bit overwhelmed, take it upon yourself to seek counsel.  You don’t want to lose your rights or lose something you’re entitled to because you are fumbling through a process that you don’t understand.

The mediation process in most circumstances are designed to be user friendly.  It is important to take it upon yourself to be as familiar with the process so you can get the best results.

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