Should I get a lawyer?

You do not have to have a lawyer at a mediation. However, as a mediation is a facilitated negotiation, it can be more challenging if you do not have a lawyer.

There is no requirement to have a lawyer at a mediation. However, a mediation is a facilitated negotiation and it can be useful to have a lawyer so that you can have advice on the legal merits of your case and for assistance with the negotiations and considering offers. Lawyers will also draft the settlement agreement and check that it is legally correct and satisfies your needs.

If you do not have a lawyer, you will have to do these skills on your own. Some people will hire a lawyer specifically for the mediation to help them with the mediation and drafting a settlement. If you cannot hire a lawyer, it is a good idea to ask a sensible friend if they can support you at the mediation.

Mediators are used to working with unrepresented parties and to make sure that you are able to participate in the process effectively. However, a mediator cannot give you legal advice.

Please note that there are certain cases (for example, an agreement to transfer a residential property) where you may be required to have legal advice before signing a final settlement agreement.