There are two separate aspects in my professional practice: mediator and lawyer.
Below are the fundamental differences between professional roles.
A mediator does not take sides or represents a party in mediation. An attorney always takes sides and represents someone. From the very beginning of the planning of the approach to your needs, you will have to make clear with absolute clarity whether my role will be as mediator or as an attorney in the case.
It is important to understand the difference between both roles because, for reasons of professional ethics, I cannot change my status. For example, if I am hired to mediate a case but the person who hires me changes his mind and decides to go to court, I could not represent him as his lawyer, nor could I be the attorney of the other party. In the same way, once I am committed to representing one of the parties to a conflict as an attorney, it is not possible for me to become a mediator for both parties.
If an attorney acts as a mediator and as an attorney in the same case, he/she may incur a breach of the ethics of professional practice of mediation and of the legal profession relating to the representation of clients and have a conflict of interest.
I will clearly establish if I am going to act as an attorney or mediator. To ensure this relationship is clear, I will not formally initiate any relationship with the client without a written commitment that describes the terms of that relationship: mediator or attorney.