Mediation & Legal Issues

Will the mediator give me legal advice?

Your mediator may provide you with legal information but is prohibited from giving legal advice – even if he or she is an attorney. To do so would compromise the mediator’s impartiality. It also might create a conflict of interest since an attorney may advise only one of the parties to a dispute.

Do I need an attorney to represent me?

While it is not necessary for parties in mediation to have legal representation, consultation with a mediation-friendly attorney will ensure that you understand your legal rights and obligations and are aware of the range of possible litigated outcomes. It also is recommended to ensure that you are aware of the legal and economic consequences arising out your agreements.   We can provide you with referrals to family law attorneys who support the mediation process.

See Why Would I Want an Attorney When I Have a Mediator?

May I bring my lawyer to the mediation sessions?

Although lawyers ordinarily do not attend facilitative mediations, they certainly are welcome to attend the negotiations provided the parties are in agreement and both sides are represented.

Additionally, for clients who feel more comfortable mediating with greater involvement by their attorneys, we now offer Collaborative Mediation with selected Collaborative Family Law attorneys.

What will happen if we don't settle?

If your case has been referred to a mediator by a court, it will return to court without penalty. In other cases, parties may use any other dispute resolution method, such as arbitration or litigation. One more advantage of mediation: you may be able to come to agreement on some issues so that you will have limited the scope – and costs -- of the other chosen dispute resolution process.

Is a mediated agreement legally enforceable?

This question, like its answer, is more complex than it appears.  Generally, a Property Settlement Agreement has the same enforceable effect as a court decree once it has been signed by the parties and approved by the court.  The same is true for agreements reflected in mandatory court forms (such as final orders for parenting plan, child support, etc.)  But issues involving enforceability—whether you are seeking to enforce the agreement or MOU or set it aside—should be reviewed with your attorney, since the answers will depend on state law and the particular circumstances of your case.