Mediation provides you an alternative to litigation for your divorce. This may not necessarily mean that you should go without an attorney; but it also doesn’t mean that you should.
First, let’s look at the role of the mediator. He or she is a neutral third party who will assist you and your spouse in communicating better. The ultimate goal of mediation is for the parties to reaching an agreement on all or some issues where there is disagreement without litigation if that is what you both want to do.
As a neutral third party, a mediator is not allowed to give advice to either party, even if the mediator also happens to be an attorney. Otherwise, the mediator loses his or her neutrality and the process of mediation is compromised. This result would leave the parties in a divorce back where they may have started or where they otherwise might not want to be–opposing each other as opposed to working together to find solutions that will work for them.
The role of a family attorney, on the other hand, is to advise you or your spouse as to your legal rights arising from the marriage. This includes advice on the legal consequences of any agreement you both reach. By definition, then, an attorney will be on the side of the party who hires him or her. This is in contrast to the role of the mediator, who cannot take sides.
During divorce mediation, you may decide that you want the advice of a family law attorney to explain to you not only your rights arising from the marriage but also the consequences of a mediated divorce settlement agreement that you reach at mediation.
Seeking legal advice on divorce law is compatible with divorce mediation, and having an attorney available does not necessarily mean that your divorce is now a litigated divorce. Family mediators routinely mediate cases in which either or both parties are represented.
The question you need to answer for yourself while in divorce mediation, if you are not represented at that point, is this: do you have any questions for which you feel you need to know your rights before agreeing to a particular solution, including the legal consequences to you of that solution?
Asking the mediator for an answer to that question will result in the mediator simply letting you know that you have a right to seek legal counsel. The mediator will not tell you that you should or should not get a lawyer to answer those questions. The choice has to be yours because mediation is designed for the parties to have control over the outcome all issues or questions, including whether you should go see an attorney, what issues you will settle (all or some), how long you will mediate, etc.; and, of course, whether you will agree to anything.
For a free guide on mediation and divorce download this divorce mediation guide.