WE CAN SHOW YOU THE WAY                            THE ATTORNEY’S ROLE IN MEDIATION

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Reality is - few divorces are peaceful -

and for those, they work it out on their own

- for everyone else there is

Divorce Mediation

Contentious does not mean litigious.


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Attorney’s vital role in Divorce Mediation.

Though mediation is not a legal process per se’ but rather a process of cooperatively resolving issues in the divorce with the assistance of neutral experts in the field, attorneys play a vital role in the decision making process and final product of mediation.

Attorney’s Role in Mediation  For most people, a separation or divorce is a one time event in their life. Rarely do people come to mediation with the knowledge of the law, the experience of what happens in Courts, or the realistic insight as to what you will experience going through a separation or divorce. A well trained attorney is a must to help guide you through the legal aspects of how the separation or divorce is going to effect your life and your rights. In mediation, the only person looking out for your interests will be you and your attorney.

The mediator creates a neutral, balanced, and structured forum to work on creating solutions, but your attorney will provide you with the advice that helps you bring realistic and practical ideas to the problem solving process.


The mediator can not give legal advise. Most mediators are not attorneys, but even when they are, they must not give legal advice in the mediation. A mediator must remain neutral and not align with either party. If the mediator began providing legal advice, then they are shaping the outcome of the mediation to the benefit of one party over the other.

A mediated agreement is the basic foundation of what a final Legal agreement is derived from. A mediated agreement has all of the specifics for what is agreed upon in your situation, but an attorney is needed to convert the agreement into an enforceable document. You should never sign any document between yourself and the other party in mediation without an attorney reviewing and advising you on how it effects your legal rights.

 

TYPES of MEDIATION


  1. Facilitative 

  2. Evaluative

  3. Impasse Directed

  4. Negotiated Settlement

  5. High Conflict

  6. Court Ordered

  7. Collaborative Law


ROLL OF ATTORNEYS

  1. Why they are a must have

  2. Beware of “No” attorney



QUESTIONS AND FORMS

  1. Mediator Resumes

  2. Forms

  3. Why Mediation Fails