However, according to a court ruling, assigned mediators who reside outside the county where the litigation was initiated cannot charge travel expenses. Both lawyers and non-lawyers are qualified and trained to mediate disputes. It is important that all parties are comfortable with their mediator. To get the maximum benefit from mediation it is important to think about the case realistically and creatively. Before the mediation, parties who are represented should work with their lawyers to prepare for a session that will be cooperative and productive.
Lawyers are aware that the parties participate directly and actively in mediation.
Throughout the session, the lawyer can help the client by gauging the client's reactions and suggesting breaks where appropriate. During breaks in the session, the lawyer can discuss any observations about the progress of the session and advise the client on negotiation tactics and possible compromise solutions, where appropriate. Where the case settles completely or partially, the lawyer will review any agreement reached to ensure that it meets the client's interests and is legally binding. A two-year independent evaluation is being conducted to assess the effectiveness of mandatory mediation in reducing cost and delay in litigation and in facilitating the early and fair resolution of disputes. Participants in Rule 24.1 cases that are selected to be part of the evaluation are encouraged to provide feedback.