Lawyers and Divorce Mediation
by
Katherine E. Stoner, Attorney-Mediator
Divorce mediation can go more smoothly when you have a legal adviser.
A legal adviser is a special type of lawyer -- one who is willing to consult with you as an integral part of the mediation process. While business lawyers have long served as consultants to their clients, divorce lawyers have traditionally been accustomed to taking over and handling the entire case.
But as more and more divorcing couples use mediation, the need for consulting lawyers has increased. As a result, many divorce lawyers are becoming mediators, and these lawyers usually are happy to work as consulting lawyers on cases they aren't mediating. (Collaborative law is another option for divorcing without a court battle; see What is Collaborative Divorce? for more information.)
Why Consult a Lawyer?
At some point before or during mediation, you may want to consult a lawyer about your legal rights. While you can learn a lot about your rights from doing your own legal research, consulting a lawyer can help you get answers that are specifically tailored to your case. Specifically, a lawyer can:
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Evaluate your options. Before the mediation, a legal adviser/law coach can help you evaluate the option of mediation, select a mediator, and persuade your spouse to mediate.
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Act as a law coach. During the mediation, a legal adviser can act as a law coach on an as-needed basis. Between sessions, you can consult with your legal adviser to clarify questions and prepare for negotiations. A good legal adviser can coach you in negotiating techniques and help you think up creative solutions to propose in the mediation.
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