Ong Boon Chong
Good day dear listener, this is episode 3 of VanillaLaw’s Mediation series, a series where we share our experience on what mediation entails and how we approach securing the best possible outcome at our mediations. Mediation is often seen as a less adversarial and more cost-effective way to resolve disputes compared to going to court. It’s a process where a neutral third party, the mediator, helps the disputing parties reach a mutually acceptable solution.
This sounds simple enough, right? But just because mediation is less formal than a courtroom doesn’t mean it’s any less complex, and this is where having a lawyer as counsel can be incredibly beneficial. I’m here to break down why this is the case, and to speak on how you benefit from having a lawyer by your side on that fateful day.
First, let’s talk about the role a lawyer plays in the mediation. Unlike in a courtroom, where a lawyer might be more adversarial and hostile, in mediation, a lawyer’s role is more collaborative and supportive. They provide crucial legal advice and help you understand the implications of different settlement options. They ensure that any agreement you reach is in your best interests and legally sound.
The worst-case scenario, which we have personally seen in our experience, is when a party feels that the mediator and counterparty’s lawyers have pressured and rushed them to sign a settlement in bad faith, or that the mediator was not impartial and had actively advocated in favour of the counterparty. When you settle on such uncomfortable terms and wish to re-litigate your dispute, what has essentially happened is that you’ve gotten yourself trapped in this larger hole – this larger abyss, where you have to dig yourself out of the settlement agreement and have that set aside first, before you can really re-open your dispute. This can add months to a year on the timeline of the dispute in question when you’re stressing and prioritising the dispute over potentially more important matters such as growing your business and contributing to your profits.
A seasoned mediation advocate who has seen multiple mediations can smell a rat when such anomalies are arising before them at mediation. A lawyer is your insurance and your safeguard against such unpleasant antics. We negotiate on your behalf, ensure that your voice is heard, and protect you from being pressured into an unfavourable settlement – from being pushed around by the other party.
Secondly, in the event that you do manage to reach an oral settlement, your lawyer will be able to review the written settlement agreement with a fine-toothed comb, before advising you on the terms, the risks and whether you should sign the settlement agreement. As persons who have seen many such disputes, we have the experience to anticipate and mitigate future legal issues that may arise as well. We do our utmost to ensure that the settlement is comprehensive and that our clients’ interests are safeguarded not just in the present but in the future, making sure that the mediation brings a full and final end to the entire dispute.
Third, a mediation before a legally trained mediator may involve complex legal issues that laypersons may not fully understand. Consequently, a lawyer may also be better placed to advise you on whether the deal that is currently on the table is better or worse than if you just dismiss the deal altogether and go to court, taking into account your odds in the lawsuit, the costs associated with going to court, legal fees, and other essential non-monetary considerations. As lawyers passionate about mediation and alternative dispute resolution, it is our hope that this assists both our clients and our other listeners to decide whether engaging mediation counsel would be in their best interests based on the value that a mediation lawyer can bring to the table.
This is Boon Chong from VanillaLaw, and thank you so much for listening.
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