In an age when many lawyers are underemployed, there is always the risk that a lawyer who wants your business will say that "of course" he or she supports mediation, when in fact the lawyer has a fairly negative attitude. To probe a little deeper, ask the following questions:

Has the lawyer ever worked with clients going through mediation? If so, what did the lawyer think of the process? Was it successful for the client? The way lawyers talk about their prior experiences in mediation often reveals whether they really support and respect the process, or think it's a waste of time. For example, some lawyers who have handled a few mediated cases that did not settle may be negative about the result ("I told my client it wouldn't work, but he wouldn't listen"). Fortunately, many other lawyers come out of mediation with an understanding and respect for the process, regardless of whether a particular case settled.

Has the lawyer been trained in mediation? There are two types of "mediation training" that many lawyers take these days. One is training to be an actual mediator; the other is training in how to represent clients effectively in the course of a mediation. Both show an interest in mediation but, of the two, you should probably gravitate toward a lawyer who has taken the second type of training: It suggests a more serious professional desire to help clients through the mediation process. This is particularly true if the training to be a mediator was very limited and the lawyer didn't have to pay for it.

When you hire a lawyer to help you with a mediation, be sure you both understand clearly how fees will be computed. Don't expect any special price break because you are mediating. Most lawyers will charge you their normal hourly rate. The key is to define, in advance, when and how the lawyer will help you. For example, if the lawyer says it will take three hours to advise you on the legal aspects of your case in advance and another three hours to review and discuss any proposed written settlement, you'll know that your bill will be six times the lawyer's hourly fee, unless, of course, you call the lawyer during the mediation and ask for additional advice.