Helping Children Through Divorce

Three Reasons to Retain a Family Lawyer During Mediation

16 February 2022

Roberto Sutton

Divorce or separation cases can be messy and draining for everyone involved. However, children bear the worst of it since they are the only innocent party in such cases. For this reason, relationship experts advise partners to first seek mediation before moving to court. Airing your relationship issues in family court is the last thing you want your children to go through. Notably, a relationship expert might not tell you that you need a family lawyer during mediation. It can be attributed to the misconception that family lawyers are only interested in messy divorces. However, nothing could be further from the truth because a family lawyer plays an integral role in mediation. Here are the reasons.

Understands the Law — The only difference between litigation and mediation in divorce cases is that the latter is private and allows for an amicable resolution. The only constant between the two is that each party goes in with preconceived interests. However, the only way to exude confidence in mediation cases is by understanding the law. It is particularly the case if your partner has already hired a family lawyer since you risk being taken advantage of. Since a mediator is a neutral party, they cannot offer either partner legal advice even if they know the impact of divorce agreements. A family lawyer can help you understand how certain aspects of the mediation affect you based on your rights.

It is a Precondition for Most Mediators — As mentioned earlier, mediators are experts trained in conflict resolution. Their main objective is to ensure that parties arrive at an amicable agreement. However, mediators are also humans, and they can tell when one party is taking advantage of the other. Unfortunately, mediators are required by law to be impartial throughout the mediation process; hence, they can do nothing to help out mediating parties. In this regard, most mediators only agree to mediate a divorce case if the partners agree to retain independent lawyers. It increases the chances of a fair mediation process since both party's interests are safe under the guidance of a qualified family lawyer.

Document Review — At the end of every mediation process, each party has a copy of the separation agreement. However, how do you establish the terms you have agreed to are even legal? Only a family lawyer can make such a determination by confirming whether an agreement is legal, fair and enforceable. It is also an opportunity for family lawyers to point out areas within an agreement that could become problematic in the future. Overall, the mediation process is only complete when family lawyers of both parties sign off on the agreement.

For more information on family law, contact a professional near you.

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