What is the role of an attorney in the mediation process?

In Washington, an attorney plays an important role in the mediation process. A mediator is a neutral third party who facilitates communication and negotiations between two or more parties to help them reach an agreement. However, the mediator is not allowed to give legal advice, so the parties should consult an attorney if they need legal guidance. An attorney will help the parties understand the legal implications of the reported agreement, and explain the potential benefits and risks associated with signing it. They can also explain their rights under the law and any potential remedies should the agreement be breached. Attorneys can also assist a party in the negotiation process by providing advice on what to negotiate for and drafting the final agreement. Additionally, attorneys can provide assurance to the parties that the agreement is legally enforceable. Finally, an attorney can also perform post-mediation review, making sure the agreement meets the parameters and expectations of the parties. This includes making sure all paperwork is properly completed and filed. Therefore, the role of an attorney in the mediation process is to provide legal advice and guidance while ensuring the agreement is legally binding, and that the interests of their client are properly represented.

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