While a mediated divorce is a hell of a lot better than a litigated divorce, the fact remains that you may still need to hire a lawyer as part of the divorce process. It is important to note that the mediation process involves a lot of legal provisioning and hence can’t be completed without the help of a trained mediator who should ideally happen to be a legal professional as well. Some of the reasons why a lawyer may need to be hired for divorce mediation include
You may want independent legal advice from a divorce attorney to determine what your legal rights are and if a proposed resolution is in your best interests.
To finalize the paperwork
Both you and your partner need to come to certain agreements before the finalization of the divorce deal, which need to be incorporated into a final stipulated judgment. Unless the divorce mediator is also a family law attorney versed on the law and capable of drafting a solid, enforceable judgment, either you or your spouse need to have legal counsel prepare the final Judgment based on the agreements of the parties.
To intervene when appropriate
Sometimes it is helpful for a party’s attorney to contact the mediator to clarify their client’s desires in the mediation or terms of settlement, or to sit in on divorce mediation sessions to help the party understand terms and rights.
It remains a fact that the employment of mediation in divorces could significantly enhance the speed of the process and consequently reduce the hardships. So, appointing a lawyer as a mediator is much better than appointing a lawyer for proceeding on a litigated divorce case.
Ultimately, it is up to the preference of each party in a divorce mediation as to whether they want their own divorce attorney on the case to advise them, although it is not mandatory to do so under any circumstance.
Gerald A. Maggio is a trained Orange County divorce mediator who has amicably resolved cases many cases out of court, as well as an experienced divorce and family law attorney. Mr. Maggio founded California Divorce Mediators in 2012 with the belief that although “not every marriage can be saved, every family can” and a mission to save families from the financial and emotional distress associated with traditional divorce litigation. California Divorce Mediators is located in Irvine, California, and serves the Orange County area and other counties in California offering divorce mediation, child custody mediation and mediation of other family law matters.