Divorce mediation is a useful tool in the divorce process. The goal of mediation is to hash out as many of your divorce terms as possible to prevent the amount of time you spend in court. During mediation, you may want to have a consulting attorney present. A consulting attorney at your mediation brings many benefits.
Consulting Attorneys Provides Legal Information
When you go through a mediation, expect to hear many legal terms and information you may not clearly understand. The consulting attorney will help by answering your questions and providing you with legal advice. The attorney will also help you ask important questions you may not have thought of.
Keep in mind that the consulting attorney is not necessarily present to argue the case for you. During a mediation, the goal is for you and your spouse to work out the details among yourselves. However, the consulting attorney is there as a support when you do not have a full knowledge of the law. Without a full knowledge of the law, this could result in an unfair outcome for you.
However, do not rely on the mediator to help you get all the information you need. Although the mediator has the option to provide you with a general idea of the law, he or she is a neutral third party and cannot advocate for either of you.
The mediator is simply the communicator between both of you. The consulting attorney will help you further the process by helping you make informed decisions.
Consulting Attorneys Support Your Decisions
Although the goal of divorce mediation is to settle the divorce on your own terms, having a support system in place is helpful and comforting. A consulting attorney plays this role well in a mediation. You may have an issue in your situation where you need additional support. If you do not feel comfortable negotiating on your own, a consulting attorney will be the support you need.
The consulting attorney prepares you for the negotiation process and helps you better understand your options. Even though you do not wish to litigate your divorce in court, you should still feel comfortable and secure during the process. A consulting attorney will help ensure you have made the correct decisions and have all the tools you need to ensure you have a fair outcome.
Consulting Attorneys Ensure You Have a Fair Binding Contract
The final agreement in a mediation is a binding legal contract. The contract outlines the legal rights and responsibilities of each of you. You both have to fully understand the provisions of the contract and how the agreement impacts yourself and your family.
The mediator goes through the written agreement with you. Even though you have an equal hand in the creation of the agreement, understanding the written legal verbiage of the contract can be overwhelming, especially under the emotional circumstances.
A consulting attorney will review the agreement with you, away from your spouse, to ensure you understand. This action will ensure the agreement truly represents your intentions, does not have any mistakes, or shows you are not misinformed about any portion of the contract.
Before you hire a consulting attorney, you need to discuss his or her role throughout the mediation process.
We understand the need for a simple and stress-free divorce process. Mediation can provide that for you if you and your spouse can communicate amicably. If you need assistance with your divorce or with the mediation process, please contact Peter S. Aex, Attorney at Law. We will be happy to help you with this important time in your life.