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Can my lawyer talk for me in my mediation?

I have an upcoming mediation which I have hired a lawyer for. I’m not comfortable speaking in front of people so I would rather just sit back and let my lawyer talk on my behalf. Is this ok?
Asked in Newcastle - Newcastle and Lake Macquarie, NSW, 17-11-2015
1 Lawyer Answered
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  1. Mediation & ADR
Lawyer Answers (1): Answers from lawyers are general preliminary responses. They are not formal legal advice and cannot taken account of all your circumstances. They do not create a lawyer–client relationship.

Answer by Pearl Beaumont, Penrith 2570 NSW

  • The purpose of mediation is to give you and the other person an opportunity to engage with each other, to share your perspectives and to hear their take on the issues and solutions. You are the best person to do this.
  • Your lawyer can provide you with support by giving you advice about the legality of different options that may be suggested. This can happen outside the mediation itself so that it is confidential.
  • If you are feeling shy you can put a bit of extra time into preparing your opening statement and also write down issues and concerns so that you have a document at hand to jog your memory or even to read from if you feel more comfortable doing that.
  • Remember mediation is private, informal and the mediator is there to assist you in the process. They will do this by asking questions and guiding you through the discussion. You will find that this will help you to effectively contribute and speak on your own behalf. 

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