Is it right time to know who is who, yet?
The Indian education system is bringing mediation as a mandatory subject in law schools. But have you decided – who do you wish to be in the mediation room? A Mediator? Or A Mediation Lawyer?
Here, some differences in being a mediator and a mediation lawyer:
A mediation lawyer will give legal advice to his/her client, whereas a mediator doesn’t give any advice to anyone in the mediation room. (Of course, the job of a mediator will not be restricted to facilitating conversations but, no way it includes giving advice).
A mediation lawyer will represent and speak for his/ her client, whereas a mediator will speak all the parties in the mediation room. (Of course, the speaking authority will be defined beforehand).
A mediation lawyer will need to know the laws, whereas a mediator doesn’t need to know the laws. (Of course, knowing of laws is essential for every citizen).
What all of these means is: When Legal dispute is referred to Mediation, this process will take the role of mediation lawyer as very essential or even say as a requirement. However, Mediation doesn’t need lawyers.
Now on, mediation will be mandatory in law schools, while the management schools already have a subject for conflict management, and while the psychology schools already learn to be mediators.
All of this highlights separate dots, it is for you to join the dots as per your career and role choices.
My choices, I am a lawyer, also enrolled in the Bar. I know how to read & interpret laws, but I don’t call myself a practicing Advocate. I chose to be a mediator, after understanding my skills, interests, passion and preference. Also, I don’t practice as a mediation lawyer.
What are your thoughts? You are welcome to email me your thoughts and reflections,