Who can provide legal advice during mediation?
In New Jersey, legal advice can be provided by licensed attorneys or mediators during mediation. Attorneys are trained professionals who have both the knowledge and understanding of the law and are able to give the parties involved in a legal dispute legal advice and counsel. A mediator is a neutral third party who does not take sides, and assists the two parties in finding common ground and attempting to reach an agreement. Attorneys are allowed to provide legal advice to parties before and after the mediation process. This can include advising on potential legal strategies, offering opinions about the likelihood of success in court, and providing general information about the law. Some attorneys may even attend the mediation itself to represent and advise their clients. Mediators are not allowed to provide legal advice during mediation. However, mediators may have a legal background and be able to offer basic legal advice such as general information about legal rights, procedures, and deadlines. In addition, mediators often help the parties to understand and discuss their legal options and to explore legal solutions for their dispute. When parties are discussing legal decisions during mediation, it is important to remember that mediators do not offer legal advice and that decisions made in mediation may not be legally binding. It is best to consult an attorney before making any significant legal decisions.
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