Do I Need a Divorce Mediation Attorney?

If you are getting divorced and are having a mediation, you are not required to have an attorney. An attorney does not usually attend the mediation sessions unless the participants think it is necessary. Nevertheless, we recommend that you each have a divorce mediation attorney for the following reasons:

  • You will negotiate the divorce yourselves. For the most successful negotiations, it is important that you are an informed negotiator. Mediators can provide general legal information but cannot give legal advice. Attorneys provide valuable legal advice as to the law, your rights and information so that you will be informed and more comfortable and confident in your negotiations. Your attorney will make sure that you are aware of all of your legal rights and obligations so that you address all of them in your mediation.
  • The goal of mediation is a complete and binding agreement. The Mediator is not your attorney and will not be writing these documents. We recommend that you have an attorney prepare it before you sign it. This assures that the agreement will do what you expect.
  • The court system can be very frustrating if you do not know how it works. An attorney can manage the court process and filing for you.