Divorce Mediation Lawyer: Should You Have a Lawyer During Mediation?
A divorce mediation lawyer is not required during mediation, but either party may bring their own attorney as a consultant during the mediation process.
Ultimately, it’s up to you and your spouse whether or not either of you wants a lawyer present when you’re already working with a mediator. You will be able to decide how involved their role will be – they can fully participate in all your mediation sessions, or they can have a more limited role, but all parties to the mediation must consent to their involvement. If only one of you has legal representation, the mediator will decide if this creates a power imbalance and will design the mediation process with that factor in mind.
The lawyer is responsible for bringing and organizing all of the paperwork, helping you evaluate offers and proposals that are put forward for you to consider, and will help you keep your emotions in check during stressful sessions. Every divorce is different, and there are many factors to consider during mediation and you must carefully consider a number of important matters, such as:
Finances – Whether you can afford to hire a divorce mediation lawyer in addition to paying your share of the fee for a mediator? Mediator costs are typically split equally between parties, but you must pay for your own separate lawyer.
Resolution of Issues – Matters such as parenting plans, spousal support, or excluded property can be quite complex. You can avoid costly mistakes with a divorce mediation lawyer present explain your responsibilities and entitlements.
Communication and Collaboration – Is your spouse is willing to cooperate and be open and honest during mediation? The point of mediation is to work through all your conflicting issues amicably.
If you decide to hire a divorce mediation lawyer, find someone who is more settlement-focused as opposed to litigating your divorce in court. You want an attorney who has experience litigating divorce and getting good results outside the courtroom. The right lawyer can help set a positive and productive tone in the mediation, advocating for you.
Whether either of you brings a divorce mediation lawyer to mediation sessions or not, both of you should seek independent legal advice to educate yourselves about your rights and responsibilities before starting mediation, and before signing any agreement.
Mediation is a non-binding, confidential process designed to provide a safe place for parties to discuss many available options to resolve their case without the fear that those discussions will be used against later in court. Having your lawyer with you in mediation will often make it easier to evaluate these options. Because the mediator is a neutral party, they are not able to provide you with legal advice, which your divorce mediation lawyer can if they accompany you to mediation.
For questions or information, contact us at the Levy Craig Family Law Firm at 816-454-7474.
