Do You Still Need To Hire A Lawyer In Divorce Mediation?

By Gerald A. Maggio, Esq.

Orange County divorce mediation; California Divorce MediatorsWhile 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

Legal advice

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.

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