If I am Mediating, Do I Need an Lawyer?
As divorce mediators this is often the first question we are asked.
Depending on where you live you may need an attorney to work with you in the processing of your divorce paperwork. And most people use one so as to make sure everything goes smoothly. But some states do let you represent yourself. If your agreement has any complexity to it we recommend you have an attorney professionally draft your agreement. In our initial consultation we can gauge whether a lawyer is necessary your situation.
We also recommend our clients have an attorney available to answer questions about how a judge might feel about one aspect or another of their settlement. It is always good to know you BATNA’s and WATNA’s…that is the Best and Worst Alternative to a Negotiated Agreement. If you know how a judge might rule on a given issue you can be a better negotiator in mediation.
We are not lawyers, but work closely with reputable attorneys who can create your settlement from the work we do in mediation. We provide a detailed document which, with the exception of some legal language, specifies exactly what you want in your settlement. An attorney then converts that into the legal contract you present to court.