Do I need an advocate for arbitration or mediation? | ScriptaLegal
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Frequently asked questions > Mediation & Arbitration > Mediation and arbitration > Do I have to be represented by an advocate for participating to an arbitration or mediation session?

Do I have to be represented by an advocate for participating to an arbitration or mediation session?

The parties to an arbitration or mediation session are free to represent themselves and do not necessarily need to resort to the services of an advocate. These processes aim precisely at benefiting from a mode of resolution of conflicts simpler and faster than court proceedings.

This being said, it is rather common to be represented by an advocate during an arbitration due to its more formal framework: indeed, each party must present its evidence, make its witnesses heard and argue its cause. Some persons can feel more comfortable having someone who makes these representations in their place. They will, however, have to pay his professional fees.

On the other hand, the freer and less formal framework of mediation makes less relevant the representation by an advocate. Mediation indeed aims at stimulating the dialogue between both parties in order to favor their reconciliation.

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