Can Other People Participate in the Mediation Process?

DuPage County Mediator

The primary participants in the mediation process are the parties to the negotiation and the mediator. A neutral, third-party mediator facilitates the process, and the parties control the outcome. While many mediations involve just the parties and the mediator, others can participate as well.

At any point during the process, parties can choose to be represented by a lawyer. If the parties decide to retain legal counsel, the role of the lawyers is to represent the interests of their clients by advising and counseling them and providing legal guidance throughout the mediation process. Lawyers may or may not attend the mediation sessions with their clients, depending on the preference of participants and other circumstances of the case.

Parties suffer no prejudice if their attorneys are not present for the mediation sessions. The sessions are kept private and confidential and are not part of the court record. Rules of evidence do not apply, and mediators make no findings of fact and are not allowed to impose any settlement on the parties.

There are also times when outside experts may be called into the mediation process to address certain issues. Examples may include accountants, financial advisors, psychologists, and other professionals. This is most common with complex divorce mediations involving large and complicated assets, tax implications, and similar matters.

To learn more about who can participate in mediation, contact our office today at 847-749-4337.