“But My Divorce Mediator is an Attorney.” The limits of a mediator who is also an attorney.
- March 18th, 2016
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A mediator’s role is to facilitate communication between two individuals involved in a dispute, who voluntarily submit to participate in a process aimed at helping both individuals resolve the dispute themselves.
Interacting with a mediator who is also an attorney is very different depending on the context of the interaction. If you speak with an attorney seeking individual representation (i.e., have that attorney represent you), you will have a very different conversation than if you and your spouse spoke with that same attorney seeking mediation. A conversation with the attorney will focus on your situation, and how the law is applied to your situation, and how to get your best result. A conversation with the mediator is focused primarily between you and your spouse. While the mediator is also an attorney, he or she may not provide either of you with legal advice.
We encourage all of our mediation clients to seek their own attorneys, so that they have the opportunity to review any agreement, or to coach prior to getting to an agreement. We, as attorneys, have similarly represented individuals who are in the process of mediating their divorce. A separation agreement, sometimes called a divorce agreement, contains a lot of information, and it can be helpful to speak with an attorney regarding your rights and obligations, and develop a mediation strategy with you between meetings.
If you have any questions about mediation or divorce in Massachusetts, contact Jonathan R. Eaton of Finn & Eaton, P.C. in Woburn and Saugus by calling 781 484,1066 or sending an email to schedule a free initial consultation.