DADI Blog

What’s the Role of an Attorney in Divorce Mediation?

Posted by admin on April 27th, 2006

You may decide to use an attorney even if you and your spouse have agreed to divorce mediation.  An attorney does have a very important role in your divorce even if you choose the mediation route. You may not desire your attorney to be sitting there in every session, but you should talk with an attorney before you decide on mediation.

What an attorney can do for you and your divorce mediation is, basically, give you advice and help you with the understanding the laws and how they pertain to you in your particular situation. Before you go to your first mediation session, you should consult an attorney. They will give you an overview of the relevant laws and their opinion about how they perceive your case would go in court if you decide to go to court instead of through mediation. This way you understand your options and if the mediation is not going the way you would like you will have an idea of what you would get if you go to court.

You may also need legal questions answered during the course of the mediation process. Not all mediators have knowledge of the law and you may need some answers before you make major decisions. Legal questions regarding pensions and retirement plans can be asked of your attorney before you agree to give away any of your legal rights. Just because the pension plan is solely in your spouses name, does not mean that you may not have any legal rights to a portion of the plan.

After, you and your spouse have your agreement on paper; it would also be wise if you took this to an attorney before it is submitted into court. Your attorney may have questions that are not answered exactly as he believes they should be before presenting it in court. If there are any unanswered questions or areas that can be discussed further you can then take it back to the mediation and correct it.

Remember a mediator is not an attorney and is suppose to be a neutral person to aid in you and your spouse in making decisions that will speed up the process of your divorce and many times save you money. However, they are not up on laws that can pertain to your case. Any time you have legal questions, do not let the mediator and your spouse explain the law to you, ask your attorney.

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