COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : : Index No. Calendar No. : ATTORNEY'S GUIDE TO MEDIATION JUDICIAL SUBPOENA Plaintiff(s) Representing clients in the Mediation Process -against: : The role of the attorney in mediation differs greatly from that of the attorney in litigation. In a mediation session, the attorney plays the role of counselor for his or her client. : Instead of presenting an argument, the attorney is asked to allow the client to speak for Defendant(s) : . .him/herself. and .to. be .present . . .support .and . . . . . . .the .client through the process. The . . . . . . . . . . . . . . . . . . . . . to . . . . . . . . . advise . . . . . . mediation process is geared towards reaching a workable agreement for both parties. ! The attorney should encourage his/her client to enter the mediation with the idea THE PEOPLE OF THE STATE OF NEW YORK opposing side. of working with rather than against the ! The attorney is encouraged to help the clients review the mediated agreement before signing the contract. The mediator assists the parties in drafting the mediated agreement. Additionally, the attorney should review any and all agreements before allowing the clients to sign such documents. ! Attorneys are encouraged to attend mediations, unless requested by the client to GREETINGS: withdraw. If an attorney is unable to attend a session he/she should arrange a method of communication with the client, as his/her advice may you and each of you WE COMMAND YOU, that all business and excuses being laid aside,be needed during attend before the , the Honorablesessions. at the Court ! located at County ofRule 31 makes mediation mandatory in parenting cases. A good attorney will in room assist his/her client in mediation by treating theat , on the day of , 20 , process not as ain the o'clock burden, but as a at any recessed noon, and fair, positive form of dispute resolution. or adjourned date, to testify and give evidence as a witness in this action on the part of the ! The attorney should inform the mediator of any special needs his/her client may require at the beginning of the first session. TO Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to The mediator functions as a neutral facilitator, and will not make decisions, will not give the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a legal your failure to either result ofadvice, or leadcomply. party in anyone direction. The mediator helps the clients to communicate with each other, so that they may hear each other's concerns. The mediator aids the clients in identifying common issues and developing possible solutions to these Witness, Honorable , one of the Justices of the issues. The mediator then helps the clients work through the solutions to find those which Court in County, day of , 20 are workable for both parties. Each mediator has individual rules for taking breaks, holding separate sessions with clients, etc. The mediator will explain exactly how he/she conducts mediation sessions. (Attorney must sign above and type name below) Mediation is private and confidential. What is said in mediation stays in mediation. Any offers of settlements or negotiation will be inadmissible to prove liability in court. Attorney(s) for ____________________________ County Court, ______ Judicial District, Tennessee Office and P.O. Address Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com