The Role of Attorneys in Divorce Mediation

By Gerald A. Maggio, Esq.

Orange County divorce mediation attorney; California Divorce MediatorsIt is a common myth in California and all over the U.S. that  when it comes to mediation, the role of the attorneys becomes next to nothing. This however is more a fiction that a fact. While it is true for those clients that turn to mediation and want to escape the trials and tribulations of an Orange County court, yet it is not to say that attorneys aren’t allowed in mediation. Orange County divorce mediation is definitely a process that involves direct communication in most cases between the spouses and the process encourages the spouses to sort the issues out themselves.

Having said all that though, the role of an attorney still continues to be in Orange County mediation contrary to the popular belief. In this blog, we take a look at the role of the attorneys in mediation both before and during the process.


Mediation is similar to arbitration and litigation in one respect; the fact that all three of these processes need adequate amounts of preparation. This is where the role of the attorney starts. An attorney can help prepare the clients using any of the following methods:

  • By having a detailed conversation with the client regarding what divorce mediation is and the workings of the process. Attorneys are well versed in contrasting and drawing parallels they may use that skill to try and make the client aware of the process by drawing comparison to methods that the client knows well. A good family lawyer is likely to make the client aware of the differences of this method and the intricacies required to make it work.
  • By aiding the client in the preparation of arguments and positions that they should take in Orange County mediation. Mediation is a process that has lots of paper work involved. A good divorce lawyer will make sure all the documents of a client are in order and ready to be used in mediation.

The Role During the Mediation

When it comes to the actual divorce mediation process, the role of the attorney is drastically different to one that they have in litigation proceedings. Here, the role of the attorney will only be to assist the client throughout the process. Below is a list of the ways they can assist the client in terms of divorce mediation:

  • Attorneys need to first of all take note of the supportive role of the client and then try to help them with respects to information and advice.
  • The role of the attorney throughout the process is likely to be one of being cooperative, supportive and committed to the process and their clients, assisting them in trying to bridge decisional differences.

To learn more about the divorce process in California and how mediation can help, please visit our page, “What is Divorce Mediation.”