Who can provide legal advice during mediation?

In South Dakota, legal advice during mediation can be provided by an attorney or a mediator. If you are considering mediation for a dispute resolution, you should talk to an attorney to discuss your rights and responsibilities before and during mediation. Mediators cannot provide legal advice to either party. Attorneys can provide advice to the parties to help them understand the law and their legal rights and obligations. An attorney will be able to explain the applicable laws, how they may affect an outcome in mediation, the advantages and disadvantages of mediation, and any other legal information necessary for the parties to make informed decisions. The mediator’s role is to facilitate the settlement process. The mediator will be neutral and unbiased as she/he facilitates the discussions and negotiations between the parties. The mediator cannot provide legal advice, but may provide information for both parties and will set a comfortable atmosphere for discussing and resolving the dispute. Both parties should understand that no matter what advice they receive from an attorney or the mediator, they must each make their own decisions in mediation. Making a decision without understanding the legal implications can have long-term consequences. Therefore, it is important that both parties understand their legal rights and obligations before agreeing to any settlement.

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Who can provide legal advice during mediation?

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