The Role of Consulting Attorneys in Mediation

Mediation is a great process for maintaining limited involvement with attorneys, but they shouldn’t be shut out completely. Recently I’ve spoken to a number of potential clients who are about to enter into the divorce process and want to use mediation. These clients come from different backgrounds and have different preconceived notions about mediation, but they all share the desire for an attorney-free divorce. And that is when I have the unenviable task of breaking the news to them: even in mediation, you need an attorney. Here’s why:

  • A mediator works for both spouses in a neutral capacity and does not offer legal advice, whereas a consulting attorney works only for you.
  • Consulting with an attorney during the mediation process leads to the participant feeling more empowered to deal with important or complicated issues that arise.

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