Divorce Mediation Involves Minimal Attorney Intervention
One of the biggest differences between divorce mediation and divorce litigation is that where the latter involves significant reliance on attorneys to work through the divorce process, the former does not.
In fact, some people go through mediation without an attorney altogether, though this is not necessarily advisable.
It may be an advantage or a disadvantage, depending on your perspective, but the nature of divorce mediation means there will be minimal intervention from your attorney during the process.
Why attorneys are still beneficial to the process
So if your attorney isn’t a driving force in getting your case resolved (like they are in other divorce formats), why go to the trouble of retaining one?
First, keep in mind that divorce mediators are supposed to remain completely impartial. They are not allowed to give you legal advice, or advocate for any of your positions. They will know the relevant laws and processes related to your case and will be able to draft settlements based on agreements made by you and your spouse, but they are not going to take your side on any issue or nudge you in any particular direction.
Attorneys are there for you during your mediation to make sure you’re getting a fair settlement, even if they’re not aggressively advocating for you during the process. They may be allowed to attend mediation sessions, depending on the circumstances. But even if they’re not, you can still work with an attorney to bounce around ideas, get feedback about potential settlement offers and practice negotiation strategies heading into your mediation session.
Ultimately, there are still many benefits to working with a divorce lawyer when going through mediation. For more information about working with an attorney during mediation, contact the trusted Long Island legal team at Solutions Divorce Mediation.