Debra Hamilton, JD, principal attorney at Hamilton Law and Mediation, explains the importance of advocating for yourself through mediation in the midst of litigation.
Debra Hamilton, JD, principal attorney at Hamilton Law and Mediation, explains the importance of advocating for yourself through mediation in the midst of litigation.
Interview Transcript (slightly modified for readability)
“If in fact you’re sued, and you want to know which way to go, and whether or not you’re going to help your attorney, whether or not you’re going to get personally involved. If you’ve been sued, you need to wait and speak to your attorney about what it is they’re going to want you to do. As I said before in some of the clips that you might have watched already, you might want to advocate for yourself that you mediate, because you can mediate this disagreement before, during, and after litigation, because you want to really retain control of the outcome.
If you have an attorney who’s talking to you about what they want to do, advocate for yourself. Say to them, ‘Listen, I get it that we are going to have a discussion, but I’d like to be a part of that discussion. I’d like to hear what my colleague, my client, my staff member has to say so that I can learn from this experience so it doesn’t happen again. I’d like to do it confidentially.’
The great thing about mediation if you’re in the midst of litigation is that it’s confidential. It’s voluntary and it’s confidential. Whatever you say there can’t be used in court against you later on. But, you can then understand where you fit into the scheme of things and better handle the resolution you want. I always say, never arbitrate, always mediate because you don’t lose that ability to resolve your own conflict.”