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« J.M.R. v. Commonwealth, KY Termination Of Parental Rights | Main | KY Grandparent Visitation And Adoption; Zoeller v. Gutterman »

November 06, 2007


Diana, from what I've seen, these "non-lawyer" mediated cases tend to blow up later on, particularly if any of (or both) of the parties is unrepresented. Having an understanding of the potential outcomes in the framework of the legal rights of the parties is critical to the process, because the non-lawyer mediator will inevitably propose something which becomes the source of great rancor post-decree.

It's one thing to use one in the context of the employer-employee relationship, when all that is being discussed is management style and office policy, but when you are talking about compromising legal rights, it is imperative that the mediator understand and have a deep working knowledge of the solutions. I'd go as far as to say that using one could open you up to liability, were the client to become unhappy with the result.

I've not found non-lawyer mediators to be knowledgable beyond a couple of platitudes; as a result, I personally refuse to use a non-lawyer mediator.

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