For some divorcing spouses, it can be helpful for each person to retain an attorney before or during mediation. For others, it might not be necessary to retain an attorney at all. The decision to hire an outsider to assist with mediation depends on the types of decisions that you and your spouse need to make, as well as the conflicts that arise along the way. A neutral 3rd party mediator can only provide you with legal information. Mediators do not provide either party with insight as to what decisions they should make, as a mediator has the responsibility to remain neutral. Therefore, if you encounter difficulties or want to make sure that you and your family’s best interests are protected before making an important decision, hiring an attorney might be the way to go. Since a mediation attorney knows the ins and outs of the divorce process, they can provide you with informed legal advice. Another option is to hire a lawyer or a non-lawyer to serve as a mediation coach that can provide you with assistance over the course of your divorce mediation. As a communication and negotiation expert, a mediation coach can help you understand your rights and obligations and provide you with strategic insight.
If you and your spouse are considering the divorce mediation process, I highly suggest that you talk to a family law attorney at the very least. An attorney who understands the divorce mediation process can assess your case and help you understand your rights. For more information, or to schedule a free consultation with myself, Mesa mediation attorney Tim Durkin, feel free to contact my office at (480)-464-1111.