Divorce: Do I Need an Attorney if I’m Going to Mediation?
Mediation is a less confrontational and more cost-effective option than going to court. However, a common question about Mediation is whether you need an attorney. The short answer is: Yes, having an attorney, specifically a consulting attorney, is highly encouraged for your divorce mediation.
In Mediation, the mediator acts as a neutral third party and facilitates discussions between you and your spouse to help you reach a mutual agreement. However, the mediator cannot give you or your spouse any legal advice. As a result, it is important for you each to have access to legal advice from someone who is focused solely on your best interests. A consulting attorney fulfills this role by reviewing the terms of the proposed settlement and providing you with legal advice tailored for you.
The Role of a Consulting Attorney
While consulting attorneys are not always present during the mediation sessions, their input can be important for you. Mediation is often chosen because of its lower cost. So, bringing your attorneys to every session might be counterproductive, given the potential to increase fees. Instead, consulting attorneys typically work behind the scenes. After mediation sessions, you can meet with your attorney to clarify certain points, ask questions, or ensure you are not missing anything significant. This balance helps to keep the mediation cost-effective while still ensuring your legal rights are protected.
Another reason you should have a consulting attorney is to avoid potential blind spots. During the mediation process, there may be situations where you don’t fully understand the terms being discussed, or the agreement could unintentionally place you at a disadvantage. In these cases, the mediator will often recommend consulting with an attorney. While mediators provide legal information, only your attorney can give you advice specific to your situation.
In more complex cases, the collaborative divorce process may be better for you than mediation. Unlike traditional litigation, collaborative divorce involves attorneys from the start, who help you to negotiate your settlement in a structured, cooperative environment. If your divorce has complicated financial matters, custody arrangements, or if you’re uncomfortable navigating negotiations without legal representation by your side, the collaborative divorce process might provide you with the extra security and guidance that you need.
While mediating your divorce, you should have a consulting attorney. He or she will ensure that you are making informed decisions, understanding the legal implications of agreements, and ultimately protecting your rights. Mediation is an effective way to resolve disputes, but it works best when you have the right support, including legal counsel.
The Kim Mediation and Law Center is located at 3701 Wilshire Blvd in Los Angeles, CA. You may schedule and appointment by calling 213-351-1000 or visit www.kimmediationandlaw.com
Compassion for my clients is important to me, and that’s why I’ve remained a family law practitioner for 30 years — and still love what I do. I’m keenly aware of the emotional toll divorce can have on you and your family. As you navigate the rough waters of transition, my team and I will help you find your balance. We’re here to support you in making the best decisions for your future. I’ve seen the positive results again and again when couples embrace meditation or collaborative divorce. I’d be honored to share these practices with you and set your family on a healthy path.
