Lawyer and Mediator

You may already have a divorce lawyer, but mediation can still play a role in your proceedings. Mediation is an alternative method for dispute resolution in family law matters relating to decision-making, parenting time, support, and other family law issues. Some people may wonder if a mediator is necessary if they have already retained counsel or if mediation can proceed without a lawyer. The role of a family law mediator is very different from that of your counsel. Both play important roles during mediated negotiations.

Family law mediation involves informal, confidential negotiations outside of a courtroom. Generally, both parties stay in separate rooms while the mediator relays information back and forth between them, usually called shuttle mediation. Shuttle mediation allows you to speak honestly, without the pressure of a courtroom or the stress of facing the other person or people directly. A family law mediator will not rule on your case or enforce any decisions. Instead, he or she will help you work through your disputes to arrive at a final separation agreement or parenting plan.

If successful, the family law mediator will help both parties come to an acceptable agreement, which may then be drafted, signed and witnessed. However, a family law mediator is an impartial third party whose main job is encourage communication. While he or she can offer solutions to the issues and disputes presented, he or she cannot give you legal advice.

More often, parties attend mediation with counsel present. Your family law lawyer is on your side and will protect your best interests. Unlike your mediator, your family lawyer is essentially your legal expert. He or she can clarify details or point out issues that you may not have thought of or notice so that you do not agree to something you do not want. Additionally, your family law lawyer can help you prepare for a family law mediation session and will explain any legal agreements to you in plain language. Both family law lawyers and mediators together can help you find balance during your family law negotiations.

At Heft Mediation, we are open to conducting mediations with parties who are attending both with or without counsel. While it is advisable for parties to have their counsel present for the purpose of assisting in negotiations as well as providing legal advice to the party, it is possible to attend mediation and have your counsel on “speed-dial”