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Should I see my own lawyer during the mediation process?

Having an attorney as a mediation coach is often helpful during mediation. Our mediators encourage spouses to work with mediation-friendly attorneys while a mediation is ongoing. We also offering mediation coaching services to clients who are engaged in mediation with another mediator. Mediation-friendly attorneys who act as mediation coaches can often play a positive role […]

Can our mediator represent either of us an attorney in a divorce proceeding or give us legal advice after the mediation is over?

No. The mediator’s role in a divorce mediation is as a neutral third party who urges spouses to listen to each other’s needs, creatively craft solutions that are mutually beneficial, and compromise in ways that ensure everyone’s future success and well-being. Directly representing either you or your spouse during the mediation would destroy this neutrality. […]

Are there some cases that should not go through mediation?

The short answer is yes, there are some cases that are not well-suited for mediation. However, it is important not to jump to conclusions about where mediation is more flexible and adept that many people give it credit for. There are three main classes of cases that are unsuitable for mediation: (1.) Extremely contentious cases […]

Can you have someone else with you during the mediation sessions?

It may be possible to include third parties in a mediation, but it is important to resolve the groundworks for the involvement of outside individuals before inviting them to mediation sessions. In particular, outside experts such as financial experts or child therapists can aid the mediation process by presenting their expertise for both parties. (It […]

Who prepares the divorce agreement in a mediation?

You and your spouse, with the help of the mediator.  Mediation is meant to be a wholly collaborative process that allows you, your spouse, and the mediator each play a role in crafting a divorce agreement that is fair, equitable and legally binding. You and your spouse provide all of the “raw materials” for the […]

Can we mediate even if we have already retained attorneys?

Absolutely. Like most divorce mediators, we suggest that spouses review their final mediated divorce agreement with an experienced family law attorney who represents only that spouse’s interests. Moreover, for divorces that involve complex financial issues or other complicated factors, it may be helpful for spouses to secure private attorneys as mediation coaches. An attorney acting […]