Mediation is less about cooperation and good will, than it is a matter of good business. However, few people operate from this flawed perspective. By contrast, most people in conflict will at some point say and do silly and defensive things when they feel threatened and out of control of their lives. The majority of people who have the normal apprehensions when faced with the stress of conflict should not be confused with those who operate from the more extreme perspective. Mediation often helps to minimize the unnecessary hurt and anger that often occur in the midst of a conflict.
Lawyers play an important role in assuring the integrity of the mediation process.
Parties cannot make competent and informed decisions without sufficient legal advice. Most attorneys review the proposed mediated agreement with their clients and assure they understand the issues. Most attorneys, however, recognize that most people cannot afford to pay high attorneys fees, and oftentimes they are not fully paid for their services. By contrast, attorneys representing clients in mediation are likely to be paid their full fee, and what is more, the client is often more satisfied with and appreciative of their services. Mediation does not take business away from attorneys.