December 13, 2022
Divorce Mediation – Do I Need a Lawyer?
For some divorcing couples mediation is an attractive alternative to traditional litigation. In a mediation, the couple works directly with a mediator to craft a settlement of property division, alimony, child custody and other issues. It is very rare for lawyers to represent the spouses in mediation sessions. So, why would you hire a lawyer if you intend to mediate?
Initially, a consulting lawyer can help you decide whether mediation is the best option in your situation. If it is, the lawyer can recommend mediators with appropriate expertise, experience and temperament. Your lawyer can provide a preliminary case evaluation and give you a range of likely outcomes if the case had to be decided in court. That knowledge would help you have reasonable expectations and a baseline for terms of an agreement. That makes mediation success more likely.
The mediator has to be neutral and, even if a lawyer, is not obligated to keep information secret from the other spouse and can’t provide legal advice. Your lawyer has a duty to you, an obligation to keep conversations with you confidential. He can provide legal advice and recommend negotiation strategies.
When a mediated settlement is reached, your lawyer can evaluate the written agreement prepared by the mediator to be sure that it is clear, complete and adequately protects you or make suggestions so that it is. If mediation fails, you will have developed a relationship with her and she will be up to speed on the facts and can efficiently transition to litigation or collaboration.
Obviously, there is a cost. In some cases where I was consulting counsel, the expense was modest because only a few hours of my time was required. In other cases, the client needed greater assistance so the expense was more. The extent and expense of consulting counsel involvement depends, as you would expect, on a number of factors, like the complexity of the situation, the relationship with the spouse, the skill of the mediator and, of course, your budget. You need to decide for yourself if the benefits are worth the investment. In virtually every case, it is.
This article was first published in the December 1, 2022 edition of The Cheshire Citizen.
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