Role of Attorneys
« Mediation | Posted on 03/06/2009 03:10 pm by adminMediation is NOT suppose to replace an attorney experienced in the area of marriage dissolution law for each party. Each party is urged to seek independent legal counsel because, although some mediators are attorneys, the mediator is NOT authorized to give legal advice.
The mediator's role is neutral and not a substitute for independent advice. The mediator DOES NOT REPRESENT either party, but focuses on helping the parties reach their own agreement. While the decisions reached in mediation are made by the parties, it is important that be informed decisions.
Attorneys may attend the mediation sessions. The parties at all times are permitted to communicate with their attorney. If both parties are aware of their respective legal rights and have been fully informed by their own attorneys, the mediation process can be much more beneficial.
Upon completion of mediation, the mediator will submit a memorandum of the agreement to the parties' attorneys. If necessary, the attorneys will draft a settlement agreement from the terms of the memorandum, for filing with the Court. If the attorney's are present at mediation and an agreement is reached, the agreement may be drafted at mediation and executed at the time of the mediation conference.


