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Representing Yourself – Pro Se


Representing yourself vs. Hiring an Attorney

A common misperception is that mediation entirely replaces the need for legal advice from an attorney.  However, mediation cannot replace the need for legal advice as mediators do not and cannot provide legal advice as part of the mediation process.  As such, each party, if they are representing themselves, must seek some understanding of the law and their rights before they enter into mediation.  If a party fails to do so, they may waste their time and money, and make wrong decisions in mediation.
For these reasons, parties are encouraged to seek independent legal advice from an attorney.  A lot of attorneys will provide a free consultation and will answer questions.

Solution: “Limited Scope Legal Assistance”

In an effort to help people who are financial limited, Utah now allows attorneys to represent people on a “limited scope” basis. “Limited Scope Legal Assistance” is where a lawyer assists a client with only those legal services that the client wants and specifically engages the lawyer to do.
This limited scope type of legal representation really works out nice for mediation and is not only cost effective, but really enhances the mediation experience for a party, increasing the quality of the mediation and the chance to reach a successful conclusion of the case.
Because limited scope representation for mediation is ideal for those wanting to represent themselves, unrepresented parties may want to consider hiring an attorney under a Limited Scope agreement to have that attorney attend mediation with them.