The short answer: no, you are not required to have your own individual lawyer in mediation but having one can be extremely helpful. Whether or not you bring a lawyer, it’s important to understand your options and feel confident in the choices you make. If you’re unsure, consider consulting a lawyer before mediation as even limited legal advice can make a big difference in understanding the issues.
What Lawyers Do in Mediation
Lawyers play a supportive and strategic role in mediation. Your lawyer is meant to advocate for you and provide you with your own legal advice; mediators cannot provide legal advice to the parties. Your lawyer will:
- Prepare you for mediation by reviewing your matter, identifying key issues, and helping you define your goals. They will often review the financial information in advance to prepare property division spreadsheets, child and spousal support calculations and proposed parenting plans.
- Advise you during the session to ensure you understand your rights, obligations, and the legal implications of any proposed agreement.
- Advocate for you and help you identify and verbalize the important information and ensure that nothing is missed.
- Help you evaluate settlement options and decide whether a proposed resolution will work for you.
- Prepare or review the final agreement to ensure it is binding and enforceable.
When Is It Especially Helpful to Have a Lawyer?
- If your case involves complex legal issues or significant financial matters
- If there is a history of conflict or a power imbalance between the parties
- If you are uncertain about your rights or obligations
- If you are uncertain about the mediation process